Bills that Encourage Economic Workforce Development by Reducing Re-Entry Barriers
When people come out of prison, they must find jobs and housing or else risk turning to illegal activity to survive. However, Texas has over a hundred 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.
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CSHB 70 [Guillen, Thompson]: Relating to the issuance of an occupational license to certain applicants with criminal convictions.
Analysis: Allows certain persons with prior criminal offenses to apply and receive an occupational license, thus improving their chances for employment & economic success. This bill is a crucial step towards reducing recidivism rates, as it removes part of the employment barrier certain persons with prior criminal offences face. HB 70 makes it easier for formerly incarcerated people to reintegrate into society by giving them access to more job opportunities, thereby reducing the rates of recidivism.
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HB 292 [Dutton]: Relating to restoration of certain rights to a criminal defendant.
Analysis: Restores civil rights to certain defendants with no violent or drug related charges on their record.
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CSHB 612 [Naishtat, Walle]: Relating to the eligibility of certain persons for the food stamp program.
Analysis: Allows certain persons with minor drug convictions to be eligible for the food stamp program. Formerly incarcerated individuals with prior drug convictions have numerous barriers they must overcome; with a felony on their record, it is extremely difficult for these individuals to find housing and employment. This bill is essential to facilitating the re-entry process and helping individuals become law-abiding citizens.
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HB 963 [Guillen]: Relating to a criminal history evaluation letter determining occupational license eligibility.
Analysis: Allows persons enrolled or wanting to enroll in an educational program that issues a license to request a criminal history evaluation to ensure their eligibility for the occupational license. This bill allows persons to confirm their eligibility status for an occupational license before they commit and prepare for an educational program.
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HB 1641 [Burnam] & SB 141 [Ellis]: Relating to the eligibility requirements for voting by persons convicted of a felony.
Analysis: Allows persons convicted of a felony that are not confined in a TDCJ facility to be eligible to vote. Under current law, persons on parole, supervision and probation are not eligible to vote. This bill would restore the rights of these persons to vote and express their support and opposition to proposed legislation and elected officials.
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HB 2808 [Thompson] & SB 224 [West]: Relating to the power of a licensing authority to revoke, suspend, or deny a license on the basis of certain criminal proceedings.
Analysis: States that a licensing authority may not consider a person to have been convicted of an offense if:
(1) the person entered a plea of guilty or nolo contendere;
(2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court; and
(3) at the end of the period of supervision, the judge dismissed the proceedings and discharged the person.
However, this bill states that the licensing authority may consider a person to have been convicted of an offense even if they comply with the requirements above if the licensing authority determines that:
(1) the person still poses a threat to public safety; or
(2) the employment of the person in the licensed occupation would create a situation where they have the opportunity to repeat their offense.
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SB 809 [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 809 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.
Once an adult is convicted of a felony in Texas, the “felon" label is on the person’s criminal record permanently. The permanent legal barriers and roadblocks that face felons affect all of life’s most fundamental necessities – food, clothing, shelter, employment, and education. In this 81st legislative session, we must strive for laws that expunge and conceal the records of individuals who are acquitted or pardoned. Additionally, we should increase the Governor’s power to grant pardons in certain instances.
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HB 293 [Dutton]: Relating to automatic expunction of criminal records.
Analysis: Eases the restrictions for obtaining an expunction and allows for mandatory expunction orders under certain situations for defendants who have been acquitted by a trial court, pardoned, or dismissal of charges. A person who has been placed under a custodial or non-custodial arrest for the commission of either a felony or misdemeanor is entitled to have all records relating to the arrest expunged if the indictment is not presented within two years of the arrest or if it is presented and subsequently dismissed or quashed. The bill requires the prosecuting attorney to bring the motion for expunction. Finally, the bill specifies that the court must enter an order of expunction not later than the 30th day after the date of acquittal, pardon, dismissal, or filing of the motion by the state attorney. This bill would help those who have been legally cleared of any wrongdoing.
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HB 945 [Dutton]: Relating to permitting certain persons placed on deferred adjudication to seek an expunction of arrest records and files.
Analysis: Allows certain persons placed on deferred adjudication community supervision to seek an expunction of their arrest records.
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CSHB 2213 [Farrar, Brown, F., Edwards, Hodge, Naishtat] & CSSB 2075 [Hinojosa]: Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure.
Analysis: Prohibits an order of deferred adjudication community supervision that resulted in a discharge or dismissal to be (1) considered a conviction or (2) considered for the purposes of determining whether to issue, suspend, restrict, or revoke a certification, commission, license, or permit.
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HB 2596 [Thompson] & SB 223 [West, R.]: Relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon.
Analysis: Authorizes the Governor to grant pardons in cases in which the defendant was placed on deferred adjudication community supervision. Presently the Governor only has authority to grant pardons for defendants convicted of criminal offenses. This bill would expand his authority to grant pardons for defendants placed on deferred adjudication community supervision.
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HB 3481 [Veasey, Hodge] & CSSB 920 [Harris]: Relating to the right to an expunction of records and files relating to a person’s arrest.
Analysis: Allows individuals to get their records expunged if the charges against them are dismissed or if they are no-billed by a grand jury. Under current law, individuals must wait until the statute of limitations has passed before they become eligible for expunction. However, some crimes do not have a statute of limitations; consequently, some individuals can never have their records expunged, even if they were found innocent. These bills would help ensure fairness in our justice system and ensure that individuals don’t carry a negative stigma unnecessarily.
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HB 4135 [Turner, S.] & CSSB 1454 [West]: Relating to the right to an expunction of records and files relating to a person’s arrest.Analysis: Increases eligibility to have all records and files relating to an arrest expunged to include persons who can no longer be charged for an offense due to statute of limitations or double jeopardy.
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CSSJR 11 [West]: Proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.
Analysis: Grants the Governor the option to grant a pardon to an individual who completes a term of deferred adjudication community supervision.
Texas legislators must improve the re-entry process for individuals exiting our criminal and juvenile justice systems. We must ensure our elected officials pass legislation that provides exiting individuals with proper identification, thus easing their transition back into our communities. Additionally, we must push for an extensive reentry and reintegration plan, along with a Task Force that advises state agencies on the policies, programs and procedures for inmates released into the community.
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CSHB 2161 [Turner, S., Marquez]: Relating to the issuance of a personal identification certificate to present or former inmates of the Texas Department of Criminal Justice.
Analysis: Requires TDCJ to notify DPS no later than 90 days prior to an inmate’s transfer to pre-parolestatus that DPS should issue a personal identification certificate for that inmate if s/he does not possess a valid driver’s license or personal identification certificate. Also requires DPS to comply with 2005 legislation and accept TDCJ-issued identification cards as satisfactory proof of identity.
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CSHB 1711 [Turner, S., Guillen, Martinez, "Mando," Veasey, Marquez]: Relating to requiring the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility.
Analysis: Establishes a reentry and reintegration plan in which individuals released from prison are provided with identification papers, medical prescriptions, job training certificates, housing and structured programs, and referrals to services. Note: An amendment was added to establish a Reentry Policy Council, which would also take into consideration county and city reentry efforts, that will be under the Office of Court Administrators.
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HB 2162 [Turner, S., Guillen]: Relating to the creation of the Reentry Policy Task Force to review corrections policies, programs, and procedures for inmates released into the community.
Analysis: Establishes a Reentry Policy Task Force for the State of Texas composed of members from many varied backgrounds. The Task Force would be responsible for advising TDCJ, TYC, and the Department of State Health Services on policies, programs, and procedures for inmates released into the community.
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CSHB 3226 [Madden, Edwards, McReynolds, Christian]: Relating to the payment of temporary housing costs for certain inmates who are eligible for parole.
Analysis: Establishes a housing voucher program for individuals eligible for parole. It provides a debit card with funds that could be used to find housing when released on parole. This bill would be helpful for those individuals who do not have a permanent post-release residence and who are being denied parole based on the fact that they have not established housing provisions.
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HB 4178 [Christian] & CSSB 2280 [Ellis]: Relating to the creation of the Reentry Policy Council to review corrections policies, programs, and procedures for inmates released into the community.
Analysis: Creates the Reentry Policy Council composed of 33 members from various backgrounds, including several state agencies and non-profit organizations. The Counil would be required to:
(1) Analyze the obstacles individuals released from TDCJ face and work to improve their reintegration into the community;
(2) examine the resources and revenue made available to ex-offenders in effort to reduce the recidivism rate;
(3) identify proven best practices for treatment, intervention, and re-entry support;
(4) advise the Governor and the director of the criminal justice division of the Governor’s office on effective reentry policies and programs that can be funded through federal, state and private grants; and
(5) perform the duties requires by the Second Chance Act of 2007.
Additionally, the Reentry Policy Council must submit an annual report including their findings and recommendations to the Governor, Lieutenant Governor, speaker of the House of Representatives, and the standing committees of the House of Representatives and the senate with primary jurisdiction over corrections matters. These bills would help ensure that the reentry process of individuals exiting TDCJ runs smoother while maintaining public safety.
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CSSB 1783 [Carona]: Relating to the use of an offender identification card or similar form of identification as proof of identity for an applicant for a driver’s license or commercial driver’s license.
Analysis: Establishes an inmate identification verification pilot program within the Department of Public Safety (DPS). This bill allows DPS to work with the Texas Department of Criminal Justice (TDCJC) and the Department of State Health Services (DSHS) to establish an identification verification process for inmates of TDCJ. Once an inmate’s identity has been confirmed, DPS may issue them a driver’s license or identification card, if the inmate meets all other requirements necessary to obtain these documents. At the end of the pilot program, agency heads may agree to continue the program on a permanent basis.
Furthermore, DPS & TDCJ must issue a report addressing the status, effectiveness, & feasibility of implementing a statewide program to certain legislative committees with jurisdiction over criminal justice & homeland security by December 1, 2010.
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CSSB 1948 [Hinojosa]: Relating to the supervised reentry into the community of certain inmates nearing their date of discharge from the Texas Department of Criminal Justice.
Analysis: Creates a supervision re-entry program for individuals who are one year away from their release date. The program is mandatory and must be complied with in the same manner as parole and mandatory supervision.