A. No transitional living facility that houses sex offenders or persons convicted of a capital offense shall be located within two thousand five hundred (2,500) feet of any public or private elementary or secondary school, secure facility for juveniles or residential neighborhood. Prior to the establishment of any transitional living facility, the proposed operator shall be required to notify and obtain written authorization to establish and operate the facility from the governing body of the municipality in which the center is to be located or, if the facility is not to be located within the incorporated limits of a municipality, from the board of county commissioners of the county in which the facility is to be located. Notification shall consist of the operator mailing a certified letter to every elected city council member, every elected state legislative member, and every county commissioner within the jurisdiction in which the facility shall be located. The written notice shall be mailed not less than thirty (30) days prior to the date of any meeting or public hearing before a city planning commission, city council or board of county commissioners where the proposed transitional living facility may be considered. The written notice shall clearly state that the operator seeks to obtain written authorization from the governing body of the jurisdiction to establish and operate a transitional living facility and whether the facility intends to house any sex offender or person convicted of a capital offense. The provisions of this section shall not apply to any transitional living facility established prior to May 3, 2005.

B. For purposes of this section, “transitional living facility” means those facilities that do not have a contract with the Department of Corrections or another agency of this state, or any political subdivision of this state, to provide living space for persons who are under the custody of the Department of Corrections and whose primary function is to provide housing assistance and related social services for individuals who are transitioning from previous incarceration in a county jail, state, or federal facility to the community or are otherwise in need of temporary housing assistance.