Bills that Strengthen Re-Entry Programs and Address Personal Responsibility Issues
With few exceptions, most people who go into prison ultimately get out, and if they aren’t given tools to succeed they’re likely to commit more crimes. Legislation to smooth the path to re-entry was proposed in the 80th Texas Legislature, including an important voting rights bill that was sadly vetoed by the Governor. It is obvious that we need more work on re-entry policies, which is why the House Corrections Committee will be looking at re-entry during the interim.
1. SB 1750 by Whitmire, Relating to the issuance of an occupational license to certain applicants with criminal convictions.
When people come out of prison, they must find jobs and housing or else risk turning to illegal activity to survive.
However, Texas has 168 state laws that forbid felons from obtaining jobs. Texas law also designates 1,941 individual offenses as felonies, which results in a huge felon population in Texas. In fact, approximately 1 in 11 Texas adults has a felony conviction on his or her record.
Current Texas licensing requirements apply to a significant number of occupations, including air conditioning and refrigeration contractors, electricians, water well drillers, manicurists, and many others. Former felons cannot currently qualify for many of these licensed positions.
Click here for a comprehensive list of jobs that felons do not have access to.
What does SB 1750 do?
· Does not allow crimes older than 5 years to count against an individual’s eligibility for professional licenses.
· Allows those with a recent criminal history to be granted a 6-month temporary license on the condition that they not break laws or administrative rules and not become revoked from parole or probation.
· Grants a full license to those who have successfully completed the 6-month provisionary period.
· Disqualifies licenses to individuals who fail to comply with their provisions.
House Research Organization Bill Analysis
House Committee on Licensing & Administrative Procedures Report
House Committee on Licensing & Administrative Procedures Report
2. HB 2537 by Macias, Relating to liability for hiring an employee or an independent contractor who has been convicted of a nonviolent criminal offense.
Analysis: Prevents an employer from being sued in a negligent hiring action solely for hiring an employee or independent contractor who was convicted of a non-violent offense before his/her employment or contractual obligation with the employer.
Note: This bill would facilitate the inevitable and necessary reintegration of offenders.
Analysis: Provides vocational and educational assessment for incarcerated offenders.
4. HB 3628 by Rodriguez, Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants.
Analysis: Allows a person who has completed community supervision to petition the court for an order of non-disclosure (a criminal justice agency may disclose criminal history record information only to other criminal justice agencies for criminal justice purposes).
5. HB 770 by Dutton, Relating to requiring the Texas Department of Criminal Justice to provide notice to certain persons of the right to vote.
In 1997, then-Governor George Bush signed a state bill that restored voter eligibility to offenders immediately upon the completion of their sentence. Despite this act, those who have served their time are often unaware of their eligibility to vote and may be deterred from voting out of fear that violating voting regulations could land them back in prison – as has happened in other states.
Ensuring that individuals who are returning to the community are able and willing to participate in civic life can point them in the right direction by connecting them with society and encouraging law-abiding behavior.
What would HB 770 do?
· Requires the Texas Department of Criminal Justice to distribute to each inmate, parolee, or probationer released from custody or supervision (meaning individuals who no longer have to report to probation or parole and have entirely completed their sentence) a written notice educating that person that if they meet all voting requirements, they can register to vote. This notice is accompanied by an official voter registration application form.
6. HB 854 by Naishtat, Relating to the eligibility of and requirements applicable to certain persons for food stamps.
Analysis: Allows certain offenders on community supervision or in drug treatment programs to be eligible for the food stamp program.
7. HB 800 by Dutton, et al. Relating to permitting certain persons placed on deferred adjudication to seek an expunction of arrest records and files.
Analysis: Allows district courts to expunge all records and files relating to the arrest of a felon or misdemeanant if he/she is placed on deferred adjudication community supervision for that offense and the judge then discharges him/her and dismisses the proceedings.
8. SB 167 by Ellis, Relating to the administrative procedure for compensation for wrongful imprisonment.
Analysis: Removes the obligation of an applicant for compensation for a wrongful conviction to acquire the signature of that prosecuting attorney.
9. HB 3654 by Riddle. Relating to the placement of certain releasees of the Texas Department of Criminal Justice in treatment centers, residential facilities, or halfway houses.
Analysis: This will encourage counties that have a “not in my backyard” mentality with respect to treatment centers, residential facilities, or halfway houses to designate zones for such facilities in their areas. It will also alleviate the burden facing counties who carry more than their share of these facilities, while saving the State millions of dollars by no longer having to house those who are not a threat to society but who are only being incarcerated because they have no community-based program to enter.