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Click here for the full text of this decision FACTS:This is a post-conviction application for a writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure Article 11.07. The applicant was serving a 10-year sentence on a conviction for sexual assault of a child when he was placed on mandatory supervision pursuant to Texas Government Code 508.001(5). The applicant was confined at the Ben Reid Correctional Facility (a private correctional facility) as a condition of his mandatory supervision. HOLDING:Denied. The applicant has not shown that his confinement in the Ben Reid facility is “qualitatively different” from conditions authorized by statute and characteristically imposed on many other convicted sex offenders who are placed on mandatory supervision. The court is unable to conclude that this condition is such a dramatic departure from the basic conditions of parole for many other convicted sex offenders that due process mandates procedural protections. The court does not believe that applicant’s confinement in the Ben Reid facility is a “stigmatizing classification” like the one in Coleman v. Dretke, 395 F.3d 216 (5th Cir. 2004), where an inmate who had never been convicted of a sex offense nevertheless was classified as a sex offender with stigmatizing consequences. The applicant, therefore, was not entitled to a hearing to contest his confinement in the Ben Reid facility as a condition of his mandatory supervision. OPINION:Hervey, J., delivered the opinion for a unanimous Court.

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