1. (a) Purpose. The temporary housing assistance program is intended primarily to provide housing assistance for offenders who have been approved for parole, but have no home plan, and to assist offenders in the transition from community residential facilities and transitional treatment centers. The Texas Department of Criminal Justice (TDCJ) is authorized to pay for temporary housing, including food, clothing, and hygiene items for any offender who has insufficient financial and residential resources when released on parole or mandatory supervision on or after January 1, 2010.

2. (b) Temporary Housing Site Approval.

   1. (1) Any provider that wants to provide temporary housing for an offender shall forward the following information to the TDCJ Parole Division, Huntsville Placement and Release Unit, 1650 7th St., West Building, Huntsville, Texas 77320.

      1. (A) Director's name or point of contact;
      2. (B) Email address;
      3. (C) Physical address, city, and zip code;
      4. (D) Telephone number;
      5. (E) Cost; and
      6. (F) Services provided.

   2. (2) The TDCJ shall investigate and approve the sites it deems appropriate. Priority shall be given to sites located in communities where halfway houses are not under contract with the TDCJ. Factors considered shall include, but not be limited to whether:

      1. (A) An on-site manager is available 24 hours per day, seven days per week.
      2. (B) The site is located within public transportation range, or transportation is provided by the provider to job interviews, employment, housing searches, and counseling appointments.
      3. (C) The site is located within 1,000 feet of premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility.
      4. (D) The site is properly maintained and clean.
      5. (E) The provider rules are consistent with parole rules and conditions of supervision.
      6. (F) Kitchen, cooking utensils, and food are provided by the provider or other arrangements are made by the provider for meals.
      7. (G) Hygiene items, clothing, washer, and dryer are provided by the provider.
   3. (3) The TDCJ shall maintain a list of all providers and sites that have been approved for temporary housing.

3. (c) Offender Selection and Placement.

   1. (1) The TDCJ shall not discriminate against any offender because of race, color, religion, gender, national origin, age, disability, or genetic information.
   2. (2) Offenders released on parole or mandatory supervision on or after January 1, 2010 with insufficient financial and residential resources shall be considered for temporary housing assistance.

   3. (3) Offenders released on parole or mandatory supervision on or after January 1, 2010, who are residing in a community residential facility or transitional treatment center and who demonstrate progress toward self sufficiency, may also be considered for temporary housing assistance if it appears they will become capable of meeting their own financial needs. The TDCJ shall consider whether the offender has:

      1. (A) A savings account balance;
      2. (B) Employment;
      3. (C) An employment history;
      4. (D) Vocational skills; and
      5. (E) A level of educational achievement above the sixth grade.
   4. (4) Offenders shall only receive temporary housing assistance at sites in the county in which the offender resided at the time of committing the offense for which the offender was sentenced to the TDCJ or in the county of conviction if not a resident of the state at the time of conviction.
4. (d) Payment. The amount of payment shall not exceed an amount that is equal to the system-wide average cost per day the TDCJ would incur to incarcerate the offender for the period for which the payment is issued. Such payment shall be made from funds appropriated by the legislature to the TDCJ for use in administering the parole system with respect to the housing of offenders on supervision.

Source Note:The provisions of this §195.81 adopted to be effective May 2, 2010, 35 TexReg 3287.