1 | 1 | | 88R2802 BDP-D |
---|
2 | 2 | | By: Allen, Jones of Dallas, Garcia, et al. H.B. No. 965 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to post-release housing for inmates released on parole or |
---|
8 | 8 | | to mandatory supervision. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 508.157, Government Code, is amended by |
---|
11 | 11 | | amending Subsection (b) and adding Subsections (f) and (g) to read |
---|
12 | 12 | | as follows: |
---|
13 | 13 | | (b) The [If the department does not operate or contract for |
---|
14 | 14 | | the operation of a residential correctional facility in the county |
---|
15 | 15 | | of legal residence of an inmate or releasee, the] department may |
---|
16 | 16 | | issue, for an inmate described by Subsection (a) or for a releasee, |
---|
17 | 17 | | payment for the cost of temporary post-release housing that: |
---|
18 | 18 | | (1) meets any conditions or requirements imposed by a |
---|
19 | 19 | | parole panel; |
---|
20 | 20 | | (2) meets or exceeds the standards developed by the |
---|
21 | 21 | | Reentry Housing Task Force; and |
---|
22 | 22 | | (3) is located in the county of legal residence of the |
---|
23 | 23 | | inmate or releasee[; and |
---|
24 | 24 | | [(3) except as provided by Subsection (e-1), is in a |
---|
25 | 25 | | structure that existed on June 1, 2009, as a multifamily residence |
---|
26 | 26 | | or as a motel to which Section 156.001, Tax Code, applies]. |
---|
27 | 27 | | (f) The department shall actively seek grants from any |
---|
28 | 28 | | source for the purpose of expanding the use of temporary |
---|
29 | 29 | | post-release housing payments under Subsection (b) as an |
---|
30 | 30 | | alternative to housing an inmate described by Subsection (a) or a |
---|
31 | 31 | | releasee in a residential correctional facility. Notwithstanding |
---|
32 | 32 | | Subsection (d), the department may issue payments under Subsection |
---|
33 | 33 | | (b) out of grant funds received for that purpose. |
---|
34 | 34 | | (g) The department shall: |
---|
35 | 35 | | (1) prioritize the use of temporary post-release |
---|
36 | 36 | | housing payments under Subsection (b) to reduce the average number |
---|
37 | 37 | | of days an inmate described by Subsection (a) or a releasee is |
---|
38 | 38 | | housed in a residential correctional facility; and |
---|
39 | 39 | | (2) reduce the number of inmates or releasees housed |
---|
40 | 40 | | in a residential correctional facility if the department determines |
---|
41 | 41 | | that the issuance of payments under Subsection (b) increases the |
---|
42 | 42 | | availability of temporary post-release housing that meets or |
---|
43 | 43 | | exceeds the standards described by Subsection (b)(2). |
---|
44 | 44 | | SECTION 2. Subchapter E, Chapter 508, Government Code, is |
---|
45 | 45 | | amended by adding Section 508.158 to read as follows: |
---|
46 | 46 | | Sec. 508.158. POST-RELEASE HOUSING PLANNING PROCEDURE AND |
---|
47 | 47 | | REPORT. (a) In this section, "residential correctional facility" |
---|
48 | 48 | | has the meaning assigned by Section 508.157. |
---|
49 | 49 | | (b) The department shall implement a post-release housing |
---|
50 | 50 | | planning procedure for releasees that includes the early |
---|
51 | 51 | | identification and assessment of inmates who do not have an |
---|
52 | 52 | | established plan for housing following release on parole or to |
---|
53 | 53 | | mandatory supervision. |
---|
54 | 54 | | (c) In implementing the post-release housing planning |
---|
55 | 55 | | procedure, the department shall create an assessment to identify: |
---|
56 | 56 | | (1) inmates who are low-risk and would benefit from |
---|
57 | 57 | | the use of temporary post-release housing payments under Section |
---|
58 | 58 | | 508.157(b); and |
---|
59 | 59 | | (2) inmates who require more intensive planning for |
---|
60 | 60 | | post-release housing. |
---|
61 | 61 | | (d) Not later than February 1 of each year, the department |
---|
62 | 62 | | shall submit to the governor, the lieutenant governor, the speaker |
---|
63 | 63 | | of the house of representatives, and each standing committee of the |
---|
64 | 64 | | legislature with primary jurisdiction over the department a report |
---|
65 | 65 | | that includes the following information for the preceding year: |
---|
66 | 66 | | (1) the number of inmates described by Subsection (b) |
---|
67 | 67 | | and the department's efforts to find post-release housing for those |
---|
68 | 68 | | inmates; |
---|
69 | 69 | | (2) the department's efforts to reduce the length of |
---|
70 | 70 | | time between an inmate's parole approval and the release of the |
---|
71 | 71 | | inmate on parole for an inmate described by Subsection (b); |
---|
72 | 72 | | (3) the department's efforts to expand post-release |
---|
73 | 73 | | housing options in local communities, including post-release |
---|
74 | 74 | | housing that meets or exceeds the standards developed by the |
---|
75 | 75 | | Reentry Housing Task Force; |
---|
76 | 76 | | (4) the average number of days a releasee is housed in |
---|
77 | 77 | | a residential correctional facility; and |
---|
78 | 78 | | (5) the number of releasees who absconded from a |
---|
79 | 79 | | residential correctional facility. |
---|
80 | 80 | | SECTION 3. Section 508.157(e-1), Government Code, is |
---|
81 | 81 | | repealed. |
---|
82 | 82 | | SECTION 4. (a) In this section: |
---|
83 | 83 | | (1) "Department" means the Texas Department of |
---|
84 | 84 | | Criminal Justice. |
---|
85 | 85 | | (2) "Releasee" has the meaning assigned by Section |
---|
86 | 86 | | 508.001, Government Code. |
---|
87 | 87 | | (3) "Task force" means the Reentry Housing Task Force |
---|
88 | 88 | | established under this section. |
---|
89 | 89 | | (b) The Reentry Housing Task Force is established and is |
---|
90 | 90 | | composed of members appointed by the executive director of the |
---|
91 | 91 | | department. The task force must include at least one |
---|
92 | 92 | | representative from each of the following entities: |
---|
93 | 93 | | (1) the Texas Department of Housing and Community |
---|
94 | 94 | | Affairs; |
---|
95 | 95 | | (2) the Texas Veterans Commission; |
---|
96 | 96 | | (3) a nonprofit organization that is engaged in |
---|
97 | 97 | | creating recovery housing options in this state; |
---|
98 | 98 | | (4) a nonprofit organization that advocates for |
---|
99 | 99 | | persons who are required to register as a sex offender under Chapter |
---|
100 | 100 | | 62, Code of Criminal Procedure; |
---|
101 | 101 | | (5) a nonprofit organization for family members of |
---|
102 | 102 | | persons who are incarcerated; and |
---|
103 | 103 | | (6) a nonprofit organization that operates a Continuum |
---|
104 | 104 | | of Care program funded wholly or partly by the United States |
---|
105 | 105 | | Department of Housing and Urban Development. |
---|
106 | 106 | | (c) Not later than November 1, 2023, the executive director |
---|
107 | 107 | | of the department shall: |
---|
108 | 108 | | (1) appoint the members of the task force; and |
---|
109 | 109 | | (2) designate a member as the presiding officer of the |
---|
110 | 110 | | task force. |
---|
111 | 111 | | (d) A member of the task force is not entitled to |
---|
112 | 112 | | compensation for service on the task force but is entitled to |
---|
113 | 113 | | reimbursement for travel expenses incurred by the member while |
---|
114 | 114 | | conducting the business of the task force as provided by the General |
---|
115 | 115 | | Appropriations Act. |
---|
116 | 116 | | (e) The task force shall: |
---|
117 | 117 | | (1) evaluate strategies for improving post-release |
---|
118 | 118 | | housing for releasees, including: |
---|
119 | 119 | | (A) methods to provide housing options for |
---|
120 | 120 | | releasees that are in addition to housing provided by residential |
---|
121 | 121 | | correctional facilities, as that term is defined by Section |
---|
122 | 122 | | 508.157, Government Code; and |
---|
123 | 123 | | (B) the feasibility of expanding the use of |
---|
124 | 124 | | housing vouchers or other payments for the post-release housing of |
---|
125 | 125 | | releasees; |
---|
126 | 126 | | (2) develop standards for post-release housing for |
---|
127 | 127 | | releasees that are consistent with nationally recognized standards |
---|
128 | 128 | | for recovery housing; |
---|
129 | 129 | | (3) develop a post-release housing planning procedure |
---|
130 | 130 | | for releasees that the department may implement that includes the |
---|
131 | 131 | | early identification and assessment of inmates who do not have an |
---|
132 | 132 | | established plan for housing following release on parole or to |
---|
133 | 133 | | mandatory supervision; and |
---|
134 | 134 | | (4) develop recommendations to address the risk of |
---|
135 | 135 | | homelessness for releasees who are unable to find suitable |
---|
136 | 136 | | post-release housing. |
---|
137 | 137 | | (f) Not later than December 1, 2024, the task force shall |
---|
138 | 138 | | prepare and submit to the department and the legislature a written |
---|
139 | 139 | | report on the task force's findings under this section. The report |
---|
140 | 140 | | must include the standards, procedures, and recommendations |
---|
141 | 141 | | developed under Subsection (e) of this section. |
---|
142 | 142 | | (g) The task force is abolished and this section expires |
---|
143 | 143 | | September 1, 2025. |
---|
144 | 144 | | SECTION 5. Notwithstanding the requirements of Section |
---|
145 | 145 | | 508.157(b)(2), Government Code, as amended by this Act, until |
---|
146 | 146 | | January 1, 2025, the Texas Department of Criminal Justice may |
---|
147 | 147 | | continue to make payments for the cost of temporary post-release |
---|
148 | 148 | | housing under the requirements of Section 508.157(b), Government |
---|
149 | 149 | | Code, that existed immediately before the effective date of this |
---|
150 | 150 | | Act, and those requirements are continued in effect for that |
---|
151 | 151 | | purpose. |
---|
152 | 152 | | SECTION 6. Not later than December 1, 2023, the Texas |
---|
153 | 153 | | Department of Criminal Justice shall implement the post-release |
---|
154 | 154 | | housing planning procedure required by Section 508.158, Government |
---|
155 | 155 | | Code, as added by this Act. |
---|
156 | 156 | | SECTION 7. The Texas Department of Criminal Justice shall |
---|
157 | 157 | | submit the first report required by Section 508.158(d), Government |
---|
158 | 158 | | Code, as added by this Act, not later than February 1, 2025. |
---|
159 | 159 | | SECTION 8. This Act takes effect September 1, 2023. |
---|