Texas 2011 - 82nd Regular

Texas House Bill HB1770 Compare Versions

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1	1	By: Madden (Senate Sponsor - Whitmire) H.B. No. 1770
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Criminal Justice; May 9, 2011, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the payment of temporary housing costs for certain
11	11	inmates released or eligible for release on parole or to mandatory
12	12	supervision.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 508.157, Government Code, is amended by
15	15	adding Subsections (a-1) and (e-1) and amending Subsections (b),
16	16	(c), (e), (f), and (g) to read as follows:
17	17	(a-1) In this section, "residential correctional facility"
18	18	means a facility operated by or under contract with the department
19	19	to provide housing, supervision, and programmatic support to
20	20	individuals released on parole or to mandatory supervision. The
21	21	term includes a halfway house described by Section 508.118 or a
22	22	community residential facility described by Section 508.119. The
23	23	term does not include a transitional treatment center, a substance
24	24	abuse felony punishment facility, or any other facility operated by
25	25	or under contract with the department the primary purpose of which
26	26	is to provide substance abuse treatment or aftercare.
27	27	(b) If the department does not operate or contract for the
28	28	operation of a residential correctional facility in the county of
29	29	legal residence of an inmate or releasee, the [The] department may
30	30	issue, [payment for the cost of temporary post-release housing] for
31	31	an inmate described by Subsection (a) or for a releasee, payment for
32	32	the cost of temporary post-release housing that:
33	33	(1) meets any conditions or requirements imposed by a
34	34	parole panel;
35	35	(2) [and] is located in the county of legal residence
36	36	of the inmate or releasee; and
37	37	(3) except as provided by Subsection (e-1), is in a
38	38	structure that existed on June 1, 2009, as a multifamily residence
39	39	or as a motel to which Section 156.001, Tax Code, applies.
40	40	(c) The amount of payment issued under Subsection (b) may
41	41	not exceed an amount that is equal to the cost the department would
42	42	incur, for the period for which the payment is issued, to:
43	43	(1) incarcerate the inmate or releasee in a facility
44	44	operated by or under contract with the department; or
45	45	(2) house the inmate or releasee in a residential
46	46	correctional facility [for the period for which the payment is
47	47	issued].
48	48	(e) The executive director of the Texas Department of
49	49	Criminal Justice shall adopt rules as necessary to implement this
50	50	section[, including rules that ensure that the food, hygiene, and
51	51	clothing needs of an inmate or releasee on whose behalf payment is
52	52	issued under this section are adequately met during the period for
53	53	which the payment is issued].
54	54	(e-1) The department may issue payment for post-release
55	55	housing under Subsection (b) for a structure not described by
56	56	Subsection (b)(3) if, before issuing payment, the department or the
57	57	owner of the structure provides, in the same manner as required for
58	58	a community corrections facility under Section 509.010, notice of
59	59	the proposed use of the structure under this section and a hearing
60	60	on the issue of whether the use is appropriate.
61	61	(f) Not later than September 30 of each year, [2010, for the
62	62	first report and September 30, 2011, for the second report,] the
63	63	department shall submit to the presiding officer of each
64	64	legislative standing committee with primary jurisdiction over the
65	65	department [Criminal Justice Legislative Oversight Committee] a
66	66	report that covers the period of August 1 of the year preceding the
67	67	year in which the report is submitted through September 1 of the
68	68	year in which the report is submitted and that includes:
69	69	(1) the total number of inmates and releasees on whose
70	70	behalf payment is issued under this section;
71	71	(2) the total dollar amount of payments issued under
72	72	this section; and
73	73	(3) the county of release and the county of legal
74	74	residence of each inmate or releasee on whose behalf payment is
75	75	issued under this section.
76	76	(g) This subsection and Subsection (f) expire January 1,
77	77	2014 [2012].
78	78	SECTION 2. The change in law made by this Act applies only
79	79	to an inmate who is eligible for release on parole or to mandatory
80	80	supervision on or after September 1, 2011, or who is released on
81	81	parole or to mandatory supervision on or after that date.
82	82	SECTION 3. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2011.
87	87	* * * * *