Loading...
HomeMy WebLinkAboutResolution 2096Resolution ~~~ and Plan of Action FOR REGULATING THE LOCATION AND OPERATION OF COMMUNITY RESIDENTIAL FACILITIES, OR HALFWAY HOUSES, IN THE CITY OF FORT WORTH, AND FOR OBTAINING THE IMMEDIATE AND CONTINUED REDUCTION OF THE NUMBER OF NON-RESIDENT OFFENDERS WHO ARE ASSIGNED ON PAROLE OR MANDATORY SUPERVISION TO FORT WORTH AND TARRANT COUNTY, TEXAS A RESOLUTION ~ ® ~~ ADOPTING A PLAN OF ACTION TO REGULATE THE LOCATION AND OPERATION OF COMMUNITY RESIDENTIAL FACILITIES, OR HALFWAY HOUSES, IN THE CITY OF FORT WORTH; AND TO OBTAIN THE IMMEDIATE AND CONTINUED REDUCTION OF THE NUMBER OF NON-RESIDENT OFFENDERS WHO ARE ASSIGNED ON PAROLE OR MANDATORY SUPERVISION TO FORT WORTH AND TARRANT COUNTY, TEXAS • WHEREAS, there are currently operating in the City of Fort Worth two community residential facilities, or halfway houses, which have contracts with the Texas Department of Criminal Justice, Paroles Division, for the housing, training, education, rehabilitation, and reformation of offenders released on supervision pursuant to Section 42 18 of the Texas Code of Criminal Procedure; and WHEREAS, an investigation reveals that these facilities are housing an unreasonable and disproportionate number of offenders, including sex offenders, who were not residents of Tarrant County at the time they committed their offenses; and WHEREAS, given the nature of these facilities and the offenders who are housed therein, it is the opinion of the City Council that stricter location, population and operational parameters should be prescribed if halfway house facilities are to be located in the City of Fort Worth; and WHEREAS, the City Council desires to adopt a Plan of Action to obtain the immediate reduction of the number of all current and future non-resident offenders who are assigned on parole or mandatory supervision to the City of Fort Worth and Tarrant County, Texas; and WHEREAS, the City Council desires that such Plan of Action further provide for the assurance that the location, population and operational parameters of all current and future halfway houses, and the method of assigning offenders to these facilities, are in the strictest compliance with Article 42 18 of the Texas Code of Criminal Procedure, and will not compromise or impair the safety and welfare of the citizens of Fort Worth; NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS • I PURPOSE That the Plan of Action adopted herein is for the purpose of (1) Obtaining the immediate and continued reduction of the number of non-resident offenders, including sex offenders, who are assigned on parole or mandatory supervision to the City of Fort Worth and Tarrant County, Texas; (2) Guaranteeing that all offenders, including sex offenders, assigned on parole or mandatory supervision to the City of Fort Worth and Tarrant County, Texas, will be assigned in the strictest compliance with Article 42 18 of the Texas Code of Criminal Procedure; and (3) Guaranteeing that the location, population and operational parameters of all current and future halfway houses in the City of .Fort Worth and Tarrant County shall be in the strictest compliance with Article 42 18 of the Texas Code of Criminal Procedure, and shall not compromise or impair the safety and welfare of the citizens of Fort Worth • II PLAN OF ACTION That said Plan of Action shall include, but shall not be limited to the following A The Mayor is hereby authorized to deliver, immediately upon adoption of this Resolution, a letter to the Texas Department of Criminal Justice, Paroles Division, requesting That all offenders, including sex offenders, who are assigned on parole or mandatory supervision to Fort Worth and Tarrant County, and who were not residents of Tarrant County at the time they committed their offenses, be removed from Fort Worth and Tarrant County in accordance with Article 42 18 of the Texas Code of Criminal Procedure 2 That the Texas Department of Criminal Justice, Paroles Division, not exercise the option to renew the Esmor facility contract for fiscal years 1996 and 1997 3 That there be strict compliance with Article 42 18 of the Texas Code of Criminal Procedure on all future assignments of offenders, including sex offenders, to • 2 Fort Worth and Tarrant County, so that the number of non- • resident offenders, including sex offenders, assigned on parole or mandatory supervision to Fort Worth and Tarrant County, remains at a minimum 4 That if the parole panel assigns non-resident offenders to Fort Worth and Tarrant County, the Texas Department of Criminal Justice, Paroles Division, shall give written notice of such assignment to the Mayor, the Chief of Police, the County Judge, and the Sheriff of Tarrant County, citing the reason for such assignment, and the applicable provision under Section 8A of Article 42 18 o-f the Texas Code of Criminal Procedure, which allows such assignment 5 That the Texas Department of Criminal Justice, Paroles Division, not locate in the City of Fort Worth or Tarrant County, more community residential facilities, or halfway houses, than are necessary to house paroled or supervised offenders who committed their offenses while residing in Tarrant County, Texas 6 That the Texas Department of Criminal Justice, Paroles Division, take such steps as necessary to assure that when considering the location of future halfway houses in Fort Worth and Tarrant County, Texas, the Department complies with the letter and the spirit of Article 42 18 • of the Texas Code of Criminal Procedure; and that all public hearings, and notices thereof, include the following a Publication of adequately sized and placed notices in the newspaper, no less than 5 x 8 , notifying the public of the required public hearing to consider the proposed location; b The published notice should state in specific, but plain language, the purpose of the public hearing; and c The public hearing should be held at a time and place where the average working person can attend 7 That in addition to the notice requirements of Article 42 18, the Texas Department of Criminal Justice, Paroles Division, should give written notice of the proposed location of all halfway houses to the Chief of Police and to the Sheriff 8 That prior to the execution of a contract between the Texas Department of Criminal Justice and the provider of halfway house facilities, a copy of the proposed contract should be furnished to the Chief of Police and to the • 3 Sheriff, allowing for review and comment as to the proposed location, parolee population, security, safety zones, and compliance with all local laws and ordinances 9 That the Texas Department of Criminal Justice consider undertaking the operation of halfway houses rather than operation by private contractors 10 That the Texas Department of Criminal Justice and the Texas Board of Pardons and Paroles require as a condition of parole or mandatory supervision, electronic monitoring of all offenders assigned to Fort Worth and Tarrant County 11 That the regional directors for the Paroles Division be given the authority to issue warrants for the arrest of all parole and mandatory supervision violators 12 That there be developed and included in all future Requests for Proposals and contracts for the operation of halfway houses, specific training requirements for the directors and staff 13 That Esmor Fort Worth, Inc , and the Salvation Army be required to comply with the Resident Monitoring requirements contained in paragraph 3 05 of their contracts, and, specifically, to establish appropriate • safeguards to enable the facility operator to monitor the whereabouts of each resident at all times as required by Section (a) thereof Due to the extraordinary concerns expressed by the community .relating to the location and operations of the Esmor and Salvation Army facilities, particular attention should be given to Section 3 05(b)2 of each contract which addresses unescorted access into the community 14 That the parole panel assigning sex offenders to the Esmor facility at 600 North Henderson, establish as a condition of parole or mandatory supervision, a child safety zone with respect to the nearby Ripley Arnold housing complex, pursuant to Section 8(u) of Article 42 18 of the Texas Code of Criminal Procedure; and as to all sex offenders who are assigned to Fort Worth and Tarrant County, establish as a condition of parole or mandatory supervision, a child safety zone for all schools, day-care facilities, playgrounds, public and private youth centers, public swimming pools and video arcade facilities Copies of the Mayor s letter, together with a copy of this Resolution, shall be delivered to Lieutenant Governor Bob Bullock, State Senator Mike Moncrief, State Senator John Whitmire, all Tarrant County legislative representatives, the • 4 ..-- Chairman of the Texas Department of Criminal Justice, the • Chairman of the Texas Board of Pardons and Paroles, and to Melinda Bozarth, Director, Texas Department of Criminal Justice, Paroles Division B The Mayor is hereby authorized to request the County Judge of Tarrant County to prepare and deliver to the Texas Department of Criminal Justice, Paroles Division, and to the Texas Board of Pardons and Paroles, a letter containing the same requests as those made by the Mayor of Fort Worth; and that Tarrant County take such action as is legally necessary to assure strict compliance with the provisions of Article 42 18 of the Texas Code of Criminal Procedure relating to the location and operation of halfway houses in Tarrant County, and to the assignment of offenders on parole and mandatory supervision to Tarrant County C The City staff is hereby directed to prepare and forward to the City Council for consideration, ordinances which legally propose to 1 Limit the size, population, location and number of halfway houses in the City of Fort Worth 2 Impose Planned Development (PD) zoning requirements on halfway houses in the City of Fort Worth, thereby allowing specific site review, imposition of operational • and physical parameters, including the review and approval of security plans by the Police Department, requiring the review and comment by the Police Department of contracts for the operation of halfway houses, and allowing the records and premises of Halfway houses to be inspected by the Fort Worth Police Department at all times 3 To the extent the City is not preempted by state law, limit the assignment to the City of Fort Worth of only those offenders who were residents of Fort Worth at the time they committed their offense 4 Require that as a condition precedent to the issuance of building permits and certificates of occupancy for halfway houses, the Fort Worth Police Department be allowed to review all such applications 5 Allow the City of Fort Worth to collect from the operators of halfway houses a fee for excessive police calls made to such facilities each month The purpose of such fee will be to reimburse the City for all costs associated with excessive police calls due to the nature of halfway houses and their residents • 5 With respect to Plan of Action C1 and C2 above, the City staff • is directed to include such ordinance or ordinances, to the extent of their legality, on the November 15, 1995, agenda of the City Zoning Commission, and the Zoning Commission is urged to review such ordinance. or ordinances and to forward the Commission s recommendations to the City Council for con- sideration at the City Council meeting of December 12, 1995 D The City Attorney is hereby authorized to take such actions as are legally permitted to Guarantee that the Texas Department of Criminal Justice, Paroles Division, and the Texas Board of Pardons and Paroles, strictly comply with the provisions of Article 42 18 of the Texas Code of. Criminal Procedure relating to the location and operation of halfway houses in Fort Worth and Tarrant County, and to the assignment of offenders on parole and mandatory supervision to Fort Worth and Tarrant County 2 Guarantee that the rights of the citizens of Fort Worth are not impaired or compromised by the contracts for operation of halfway houses in Fort Worth, or by the failure of either party to comply with the provisions thereof To enable the City Attorney to review and determine the • remedies available to the City, he is further authorized to prepare and deliver Open Records Requests to the Texas Department of Criminal Justice, and to the Texas Board of Pardons and Paroles, asking for copies of the following items 3 Notice or notices published in a newspaper of general circulation in Tarrant County pursuant to Section 25(c) of Article 42 18 of the Texas Code of Criminal Procedure, which gave notice of the public hearings on the proposed locations of the Esmor facility and the Salvation Army facility The dates of these publications also are requested 4 Notices posted pursuant to the Texas Open Meetings Act, whereby the Texas Department of Criminal Justice, or such other entity required by law to authorize the letting of contracts for the operation of halfway houses, awarded the contracts for the Esmor and Salvation Army facilities 5 All Bid Specifications or Requests for Proposals issued by the Texas Department of Criminal Justice for the operation of the Esmor and Salvation Army facilities 6 Resolutions, minutes and/or minute orders of the appropriate board or commission reflecting the award of • 6 contracts for the operation of the Esmor and Salvation • Army facilities 7 The name of each non-resident offender assigned to Tarrant County as of Wednesday, September 13, 1995; the name of each non-resident offender assigned to Tarrant County as of the date of the City Attorney s Open Records request; the date of their assignment by the parole panel; the location or facility in Tarrant County to which they were assigned; and the identification of their offense 8 The written decision appearing in the permanent record of each such offender, pursuant to Section 8A(b) of Article 42 18 of the Texas Code of Criminal Procedure, which states why the parole panel decided to assign the offender to Tarrant County rather than to the county where the person resided at the time of committing the offense E The City Manager is hereby directed to deliver a letter to Esmor Fort Worth, Inc , acknowledging the City s receipt of Esmor s Action Plan ,dated September 13, 1995, and informing Esmor that the City of Fort Worth is relying in good faith upon the representations and commitments made by Esmor in its Action Plan , and that the City of Fort Worth expects complete and continued implementation of the fifteen • components described therein for as long as the Esmor facility remains open F The City Manager is hereby directed to deliver a letter to the Salvation Army requesting that the Salvation Army prepare and implement an Action Plan similar to Esmor s, no later than thirty days following the receipt of such request G The City staff is hereby directed to work with Tarrant County legislators to enact laws during the 75th Session of the Texas Legislature which will 1 Provide greater regulation of the location, population, operation, and number of halfway houses in the State of Texas 2 Provide for more adequate notice and public hearing requirements when considering the location and operation of halfway houses, including but not limited to a Publication of adequately sized and placed notices in the newspaper, no less than 5 x 8 , notifying the public of the required public hearing to consider the proposed location; • 7 • b The public notice should state in specific, but plain language, the purpose of the public hearing; and c The public hearing should be held at a time and place where the average working person can attend 3 Place greater restrictions on the assignment of offenders to counties other than the county where the offender resided at the time of committing the offense 4 Provide municipalities with greater authority to determine the location, population and operational parameters of halfway houses in the municipality, and to monitor such facilities 5 Provide municipalities with the authority to participate in the assignment and location of offenders in the municipality, and to monitor the whereabouts of such offenders, particularly sex offenders • 6 Prescribe specific training requirements for directors and staff of all halfway houses H The Mayor is hereby authorized to prepare and deliver a letter to the Fort Worth Housing Authority, requesting the Housing Authority to 1 Adopt a resolution expressing its opposition to the location of the Esmor facility at 600 North Henderson, near the Ripley Arnold residences; urging the closure or relocation of the Esmor facility; and requesting that until such closure or relocation, the parole panel of the Texas Board of Pardons and Paroles establish the Ripley Arnold complex as a child safety zone, applicable to all sex offenders residing at the Esmor facility; and forward a copy of said resolution to the Texas Department of Criminal Justice, Paroles Division, and to the Texas Board of Pardons and Paroles; and 2 Take such other action as legally necessary to secure the relocation or closure of the Esmor facility at 600 North Henderson, or at the very least take such action as necessary to assure the safety of the residents at Ripley Arnold from all offenders assigned to the Esmor facility • I The Mayor is hereby authorized to deliver letters to the Fort Worth Independent School District, the White Settlement Independent School District, the Castleberry Independent School District, and the Eagle Mountain-Saginaw Independent School District, requesting the School Districts to 8 1 Adopt resolutions expressing their opposition to the location of the Esmor facility at 600 North Henderson; requesting the closure of the Esmor facility; and requesting that the parole panel of the Texas Board of Pardons and Paroles designate their schools as child safety zones ; and forward a copy of said resolution to th,e Texas Department of Criminal Justice, Paroles Division, and to the Texas Board of Pardons and Paroles; and 2 Take such other action as legally necessary to secure the removal or closure of the Esmor facility at 600 North Henderson, or at the very least take such action as necessary to assure the safety of children attending schools near the facility III Effective Date This Resolution and Plan of Action shall be in full force and effect .from and after the date of adoption by the City Council ADOPTED this 26th day of September, • Kay ranger Mayor APPROVED o~TY cou~ce~. SEF 26 199 ~ e~ City S®crela-rp~ 04 ~ Citg of Fort @d'or~. Teams 9