For years, the Texas Board of Pardons and Paroles put a sex offender label on parolees even if they had not been convicted of a sex-based offense. The sex offender designation of 'Condition X' was regularly made without a hearing for the parolee to challenge the evidence justifying the label.
However, recent court cases have dealt a severe blow to the unconstitutional practice and could affect thousands of Texas parolees. In May 2011 the Texas Court of Criminal Appeals unanimously ruled that, as federal courts had ruled before, the parole board could not brand a parolee as a sex offender on its own when the parolee was not convicted of a Texas sex crime. The ruling could affect the parole conditions of about 10 percent of Texas parolees.
What is Condition X?
Special Condition X is the Texas' sex offender designation for those on parole or subject to mandatory supervision. Once Special Condition X is imposed on a parolee, he or she must:
- Participate in a sex offender treatment program
- Refrain from going to, working in or operating a sexually-oriented business
- Not communicate with the victim of a sex offense
- Receive approval of the parole board prior to entering into community college, junior college or university
- Neither possess nor view any sexually explicit material
- Submit to a polygraph exam
This list is not exhaustive; Special Condition X places other restrictions on parolees on top of those listed and include additional prohibitions for those convicted of sex offenses involving victims 17 and under.
The Potential Impact of the Change of Condition X
An estimated 6,900 parolees carry Condition X parole terms without ever being convicted of a sex offense. If the Texas Board of Pardons and Paroles follows the multiple court decisions deeming its practice unconstitutional, these nearly 7,000 parolees will no longer be prohibited from going to college, to church, to certain parks or anywhere else there are children.
The constraints of Condition X are oppressive and applying them to people who have never been convicted of sexual offenses may unjustly punish those who've never been convicted of a sexually-based offense. If the Texas Board of Pardons and Paroles has unjustly labeled you or a loved one as a sex offender, contact an experienced Texas sex crimes defense attorney to discuss your situation and your rights.
