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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of temporary housing costs for certain |
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inmates released or eligible for release on parole or to mandatory |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.157, Government Code, is amended by |
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adding Subsections (a-1) and (e-1) and amending Subsections (b), |
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(c), (e), (f), and (g) to read as follows: |
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(a-1) In this section, "residential correctional facility" |
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means a facility operated by or under contract with the department |
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to provide housing, supervision, and programmatic support to |
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individuals released on parole or to mandatory supervision. The |
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term includes a halfway house described by Section 508.118 or a |
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community residential facility described by Section 508.119. The |
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term does not include a transitional treatment center, a substance |
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abuse felony punishment facility, or any other facility operated by |
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or under contract with the department the primary purpose of which |
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is to provide substance abuse treatment or aftercare. |
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(b) If the department does not operate or contract for the |
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operation of a residential correctional facility in the county of |
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legal residence of an inmate or releasee, the [The] department may |
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issue, [payment for the cost of temporary post-release housing] for |
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an inmate described by Subsection (a) or for a releasee, payment for |
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the cost of temporary post-release housing that: |
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(1) meets any conditions or requirements imposed by a |
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parole panel; |
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(2) [and] is located in the county of legal residence |
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of the inmate or releasee; and |
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(3) except as provided by Subsection (e-1), is in a |
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structure that existed on June 1, 2009, as a multifamily residence |
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or as a motel to which Section 156.001, Tax Code, applies. |
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(c) The amount of payment issued under Subsection (b) may |
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not exceed an amount that is equal to the cost the department would |
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incur, for the period for which the payment is issued, to: |
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(1) incarcerate the inmate or releasee in a facility |
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operated by or under contract with the department; or |
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(2) house the inmate or releasee in a residential |
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correctional facility [for the period for which the payment is
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issued]. |
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(e) The executive director of the Texas Department of |
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Criminal Justice shall adopt rules as necessary to implement this |
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section[, including rules that ensure that the food, hygiene, and
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clothing needs of an inmate or releasee on whose behalf payment is
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issued under this section are adequately met during the period for
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which the payment is issued]. |
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(e-1) The department may issue payment for post-release |
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housing under Subsection (b) for a structure not described by |
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Subsection (b)(3) if, before issuing payment, the department or the |
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owner of the structure provides, in the same manner as required for |
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a community corrections facility under Section 509.010, notice of |
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the proposed use of the structure under this section and a hearing |
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on the issue of whether the use is appropriate. |
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(f) Not later than September 30 of each year, [2010, for the
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first report and September 30, 2011, for the second report,] the |
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department shall submit to the presiding officer of each |
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legislative standing committee with primary jurisdiction over the |
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department [Criminal Justice Legislative Oversight Committee] a |
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report that covers the period of August 1 of the year preceding the |
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year in which the report is submitted through September 1 of the |
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year in which the report is submitted and that includes: |
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(1) the total number of inmates and releasees on whose |
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behalf payment is issued under this section; |
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(2) the total dollar amount of payments issued under |
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this section; and |
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(3) the county of release and the county of legal |
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residence of each inmate or releasee on whose behalf payment is |
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issued under this section. |
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(g) This subsection and Subsection (f) expire January 1, |
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2014 [2012]. |
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SECTION 2. The change in law made by this Act applies only |
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to an inmate who is eligible for release on parole or to mandatory |
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supervision on or after September 1, 2011, or who is released on |
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parole or to mandatory supervision on or after that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |