BILL ANALYSIS

H.B. 965

By: Allen

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Many of the individuals released on parole each year do not have a housing plan in place for their release. Individuals in this circumstance must wait in prison for months or even a year for an availability amongst the eight residential reentry centers (RRC) in the state, which are all operated by private prison corporations. In these eight RRCs, there are an estimated 2,000 beds, making availability scarce. In addition, RRCs are often far from a paroled individual's familial support system. Based on the General Appropriations Act for the 2020-2021 state fiscal biennium, contracts with the private prison corporations that operate RRCs have cost the state an estimated $35 million biennially, alongside the cost of keeping individuals incarcerated past their release date, due to long wait times for access. Moreover, RRCs are widely known not to provide an environment conducive to successful reentry. Because of temporary placement in these RRCs, individuals face hiring challenges, a lack of long-term support, and in some cases, a prison-like environment. The state's investment in these centers becomes more troubling when one considers that the state could provide monthly housing stipends during the reentry period to more than twice the number of individuals housed within RRCs. H.B. 965 seeks to expand opportunities for housing options for individuals approved for parole while at the same time saving Texans money by establishing a task force to aid in this effort.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 965 establishes the Reentry Housing Task Force and requires it to do the following:

· evaluate strategies for improving post-release housing for Texas Department of Criminal Justice (TDCJ) releasees, including:

o methods to provide housing options for releasees that are in addition to housing provided by residential correctional facilities that are operated by or under contract with tdcj to provide housing, supervision, and programmatic support to individual releasees; and

o the feasibility of expanding the use of housing vouchers or other payments for the post-release housing of releasees;

· develop standards for post-release housing for releasees that are consistent with nationally recognized standards for recovery housing;

· develop a post-release housing planning procedure for releasees that TDCJ may implement that includes the early identification and assessment of inmates who do not have an established plan for housing following release on parole or to mandatory supervision; and

· develop recommendations to address the risk of homelessness for releasees who are unable to find suitable post-release housing.

The executive director of TDCJ appoints task force members and designates a presiding officer not later than November 1, 2023. The task force must include at least one representative from the following entities:

· the Texas Department of Housing and Community Affairs;

· the Texas Veterans Commission;

· a nonprofit organization that is engaged in creating recovery housing options in Texas;

· a nonprofit organization that advocates for persons who are required to register under the state sex offender registration program;

· a nonprofit organization for family members of persons who are incarcerated; and

· a nonprofit organization that operates a continuum of care program funded wholly or partly by HUD.

Members are not entitled to compensation but are entitled to reimbursement for related travel expenses. Not later than December 1, 2024, the task force must prepare and submit to TDCJ and the legislature a written report on the task force's findings, including the standards, procedures, and recommendations developed by the task force. The task force is abolished and these provisions expire September 1, 2025.

H.B. 965 amends the Government Code to revise the authorization for TDCJ to issue payment for temporary post-release housing for inmates eligible for release on parole or to mandatory supervision and to releasees as follows:

· the bill authorizes TDCJ to issue payment for the cost of temporary post-release housing without regard to whether TDCJ does not operate or contract for the operation of a residential correctional facility in the county of legal residence of an applicable inmate or releasee;

· the bill removes the requirement that temporary post-release housing be in a structure that existed on June 1, 2009, as a multifamily residence or as a motel to which the hotel occupancy tax applies; and

· the bill requires temporary post-release housing to meet or exceed standards developed by the Reentry Housing Task Force.

The bill authorizes TDCJ to continue to make payments for the cost of temporary post-release housing under the requirements that existed immediately before the bill's effective date until January 1, 2025.

H.B. 965 requires TDCJ to actively seek grants from any source for the purpose of expanding the use of temporary post-release housing payments as an alternative to housing an inmate or a releasee in a residential correctional facility. The bill authorizes TDCJ to issue the payments out of grant funds received for that purpose and requires TDCJ to do the following:

· prioritize the use of temporary post-release housing payments to reduce the average number of days certain inmates or a releasee is housed in a residential correctional facility; and

· reduce the number of inmates or releasees housed in a residential correctional facility if TDCJ determines that the issuance of payments increases the availability of temporary post-release housing that meets or exceeds the Reentry Housing Task Force standards.

H.B. 965 requires TDCJ, not later than December 1, 2023, to implement a post-release housing planning procedure for releasees that includes the early identification and assessment of inmates who do not have an established plan for housing following release on parole or to mandatory supervision. The bill requires TDCJ, in implementing the procedure, to create an assessment to identify the following:

· inmates who are low-risk and would benefit from the use of temporary post-release housing payments; and

· inmates who require more intensive planning for post-release housing.

H.B. 965 requires TDCJ, not later than February 1, 2025, and February 1 of each following year, to submit to the governor, the lieutenant governor, the speaker of the house of representatives, and applicable legislative committees a report that includes information for the preceding year regarding the following:

· the number of inmates who do not have an established plan for housing following release;

· TDCJ's efforts to do the following:

o find post-release housing for such inmates;

o reduce the length of time between an inmate's parole approval and the release of the inmate on parole; and

o expand post-release housing options in local communities, including post-release housing that meets or exceeds the Reentry Housing Task Force standards;

· the average number of days a releasee is housed in a residential correctional facility; and

· the number of releasees who absconded from a residential correctional facility.

H.B. 965 repeals Section 508.157(e-1), Government Code.

EFFECTIVE DATE

September 1, 2023.