Texas 2009 - 81st Regular

Texas Senate Bill SB1086 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2937 KCR-D
2	2	By: Shapleigh S.B. No. 1086
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the location, operation, and management of certain
8	8	correctional residential facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 492, Government Code, is amended by
11	11	adding Section 492.017 to read as follows:
12	12	Sec. 492.017. LOCATION, OPERATION, AND MANAGEMENT OF
13	13	CERTAIN RESIDENTIAL FACILITIES; PLAN AND REPORT. (a) In this
14	14	section, "correctional residential facility" means:
15	15	(1) a halfway house described by Section 508.118;
16	16	(2) a community residential facility described by
17	17	Section 508.119; and
18	18	(3) a community corrections facility described by
19	19	Section 509.006 that provides services or treatment in a
20	20	residential setting.
21	21	(b) The board shall adopt a comprehensive plan concerning
22	22	the location, operation, and management of correctional
23	23	residential facilities in this state.
24	24	(c) The comprehensive plan adopted under Subsection (b)
25	25	must:
26	26	(1) ensure that correctional residential facilities
27	27	are not disproportionately located in any particular geographic
28	28	region or regions of this state;
29	29	(2) ensure that the percentage of individuals living
30	30	in a correctional residential facility in a particular county is
31	31	equivalent, to the extent practicable, to the percentage of
32	32	individuals living in the county that have been convicted of a
33	33	criminal offense of the grade of Class B misdemeanor or higher;
34	34	(3) ensure that treatment programs provided by
35	35	correctional residential facilities are widely available across
36	36	the state and are not disproportionately limited in availability to
37	37	a particular geographic region or regions of this state;
38	38	(4) specify the categories of offenders that may live
39	39	in each type of correctional residential facility; and
40	40	(5) require that a correctional residential facility
41	41	be located:
42	42	(A) not less than 5,000 feet from a premises
43	43	described by Section 13D(a)(2), Article 42.12, Code of Criminal
44	44	Procedure; and
45	45	(B) to the extent feasible, on the grounds of an
46	46	existing correctional facility, as defined by Section 1.07, Penal
47	47	Code.
48	48	(d) Not later than December 1 of each even-numbered year,
49	49	the board shall submit to each person described by Section
50	50	509.010(b)(2) who serves or represents a geographic area in which
51	51	one or more correctional residential facilities are located a
52	52	report concerning the location, operation, and management of
53	53	correctional residential facilities in this state during the
54	54	two-year period immediately preceding the date of the report. The
55	55	report must contain information concerning the county of
56	56	conviction, the county of preconviction residence, and the county
57	57	of postconviction residence for each individual who resides in a
58	58	correctional residential facility at any time during the two-year
59	59	period covered by the report.
60	60	(e) A correctional residential facility may not be located,
61	61	operated, or managed in a location or manner that violates the
62	62	comprehensive plan adopted under Subsection (b).
63	63	SECTION 2. Section 508.118, Government Code, is amended by
64	64	adding Subsection (d) to read as follows:
65	65	(d) The department, including any division of the
66	66	department, may not use a halfway house or transfer an inmate to a
67	67	halfway house under this section if the location, operation, or
68	68	management of the halfway house violates the comprehensive plan
69	69	adopted under Section 492.017(b).
70	70	SECTION 3. Section 508.119, Government Code, is amended by
71	71	amending Subsection (f) and adding Subsection (j) to read as
72	72	follows:
73	73	(f) The Texas Board of Criminal Justice shall adopt rules
74	74	necessary for the management of a community residential facility,
75	75	including any rules necessary to bring a community residential
76	76	facility into compliance with the comprehensive plan adopted under
77	77	Section 492.017(b).
78	78	(j) The division may not establish, operate, manage, or
79	79	contract for the financing, construction, operation, or management
80	80	of a community residential facility if the location, operation, or
81	81	management of the facility violates the comprehensive plan adopted
82	82	under Section 492.017(b).
83	83	SECTION 4. Section 509.006, Government Code, is amended by
84	84	adding Subsection (f) to read as follows:
85	85	(f) The division may not take any action described by
86	86	Subsection (a) with reference to a community corrections facility
87	87	if the location, operation, or management of the facility violates
88	88	the comprehensive plan adopted under Section 492.017(b).
89	89	SECTION 5. Section 509.010(b), Government Code, is amended
90	90	to read as follows:
91	91	(b) Before the 30th day before the date of the meeting, the
92	92	division[, the department that the facility is to serve, or a vendor
93	93	proposing to operate the facility] shall:
94	94	(1) publish by advertisement that is not less than
95	95	3-1/2 inches by 5 inches notice of the date, hour, place, and
96	96	subject of the hearing required by Subsection (a) in three
97	97	consecutive issues of a newspaper of, or in newspapers that
98	98	collectively have, general circulation in the county in which the
99	99	proposed facility is to be located; and
100	100	(2) mail, by certified mail with return receipt
101	101	requested, and deliver by secure electronic mail, a copy of the
102	102	notice to each police chief, sheriff, city council member, mayor,
103	103	county commissioner, county judge, school board member, state
104	104	representative, and state senator who serves or represents the area
105	105	in which the proposed facility is to be located or an area the
106	106	outermost boundary of which is not greater than two miles away from
107	107	the proposed facility, unless the proposed facility has been
108	108	previously authorized to operate at a particular location by a
109	109	community justice council under Section 76.003.
110	110	SECTION 6. The Texas Board of Criminal Justice shall adopt
111	111	the comprehensive plan concerning correctional residential
112	112	facilities as required by Section 492.017, Government Code, as
113	113	added by this Act, not later than January 1, 2010.
114	114	SECTION 7. This Act takes effect September 1, 2009.