By: Madden (Senate Sponsor - Whitmire) H.B. No. 1770
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Criminal Justice; May 9, 2011, reported favorably by the following
vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the payment of temporary housing costs for certain
inmates released or eligible for release on parole or to mandatory
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.157, Government Code, is amended by
adding Subsections (a-1) and (e-1) and amending Subsections (b),
(c), (e), (f), and (g) to read as follows:
(a-1) In this section, "residential correctional facility"
means a facility operated by or under contract with the department
to provide housing, supervision, and programmatic support to
individuals released on parole or to mandatory supervision. The
term includes a halfway house described by Section 508.118 or a
community residential facility described by Section 508.119. The
term does not include a transitional treatment center, a substance
abuse felony punishment facility, or any other facility operated by
or under contract with the department the primary purpose of which
is to provide substance abuse treatment or aftercare.
(b) If the department does not operate or contract for the
operation of a residential correctional facility in the county of
legal residence of an inmate or releasee, the [The] department may
issue, [payment for the cost of temporary post-release housing] for
an inmate described by Subsection (a) or for a releasee, payment for
the cost of temporary post-release housing that:
(1) meets any conditions or requirements imposed by a
parole panel;
(2) [and] is located in the county of legal residence
of the inmate or releasee; and
(3) except as provided by Subsection (e-1), is in a
structure that existed on June 1, 2009, as a multifamily residence
or as a motel to which Section 156.001, Tax Code, applies.
(c) The amount of payment issued under Subsection (b) may
not exceed an amount that is equal to the cost the department would
incur, for the period for which the payment is issued, to:
(1) incarcerate the inmate or releasee in a facility
operated by or under contract with the department; or
(2) house the inmate or releasee in a residential
correctional facility [for the period for which the payment is
issued].
(e) The executive director of the Texas Department of
Criminal Justice shall adopt rules as necessary to implement this
section[, including rules that ensure that the food, hygiene, and
clothing needs of an inmate or releasee on whose behalf payment is
issued under this section are adequately met during the period for
which the payment is issued].
(e-1) The department may issue payment for post-release
housing under Subsection (b) for a structure not described by
Subsection (b)(3) if, before issuing payment, the department or the
owner of the structure provides, in the same manner as required for
a community corrections facility under Section 509.010, notice of
the proposed use of the structure under this section and a hearing
on the issue of whether the use is appropriate.
(f) Not later than September 30 of each year, [2010, for the
first report and September 30, 2011, for the second report,] the
department shall submit to the presiding officer of each
legislative standing committee with primary jurisdiction over the
department [Criminal Justice Legislative Oversight Committee] a
report that covers the period of August 1 of the year preceding the
year in which the report is submitted through September 1 of the
year in which the report is submitted and that includes:
(1) the total number of inmates and releasees on whose
behalf payment is issued under this section;
(2) the total dollar amount of payments issued under
this section; and
(3) the county of release and the county of legal
residence of each inmate or releasee on whose behalf payment is
issued under this section.
(g) This subsection and Subsection (f) expire January 1,
2014 [2012].
SECTION 2. The change in law made by this Act applies only
to an inmate who is eligible for release on parole or to mandatory
supervision on or after September 1, 2011, or who is released on
parole or to mandatory supervision on or after that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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