This section lets the department pay for temporary post-release housing for certain inmates or releasees when no residential correctional facility is available in their county of legal residence, subject to listed conditions and a payment cap.
Sec. 508.157. TEMPORARY HOUSING ON RELEASE. (a) This section applies only to inmates who are eligible for release on parole or to mandatory supervision and to releasees. (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 department may issue, 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) 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. (d) The department shall issue payment under Subsection (b) out of funds appropriated by the legislature to the department for use in administering the parole system with respect to the housing of inmates on their release. (e) The executive director of the Texas Department of Criminal Justice shall adopt rules as necessary to implement this section. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 944 (H.B. 3226), Sec. 1, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 286 (H.B. 1770), Sec. 1, eff. June 17, 2011.