HomeMy WebLinkAboutResolution 2098A Resolution o~098
URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION RELATING TO
THE ASSIGNMENT ON PAROLE OR MANDATORY SUPERVISION OF NON-RESIDENT
OFFENDERS TO TEXAS CITIES AND COUNTIES AND REGULATING THE LOCATION
AND OPERATION OF COMMUNITY RESIDENTIAL FACILITIES OR HALFWAY HOUSES
IN TEXAS CITIES AND COUNTIES
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 Article 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 the intent of Article 4.2 18 Section 8A subsection (a) of the Texas Code of
Criminal Procedure was to require that as a condition of parole or release to mandatory
supervision the defendant be assigned to reside in the county in which the defendant
resided at the time of committing the offense and
WHEREAS the Texas Board of Pardons and Parole and the Texas Department of Criminal
Justice Paroles Division have been circumventing the intent of Article 42 18 Section 8A
subsection (a) of the Texas Code of Criminal Procedure by citing exceptions to these
provisions to the extent that one city (Fort Worth) was the recipient of 24% and 30% in
1994 and 1995 respectively of all sex offenders assigned in the state even though only a
limited number of those offenders were from Fort Worth or Tarrant County and
WHEREAS given the nature of halfway house facilities and the offenders who are housed
therein it is the opinion of the Fort Worth 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 or any city in Texas and
WHEREAS to affect the placement of offenders released on parole to halfway houses to
affect the location of halfway house facilities to require stricter adherence to the intent of
Article 42 18 Section 8A subsection (a) of the Texas Code of Criminal Procedure by the
state to ensure a distribution of released offenders based on former residency and to provide
for greater public notice and public participation on placement of offenders and' location of
halfway house facilities changes in state law are required and ` ' ~~~' i
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WHEREAS changes in state law will affect cities statewide and as such the City of Fort
Worth requests the Texas Municipal League to take an active part in shaping any legislation
that will be presented to the Legislature for consideration
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CITY OF FORT WORTH
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS.
That the City Council. of the City of Fort Worth urges the Texas Municipal League to support
fegisl'ation that 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 house 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
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 and
6 Prescribe specific training requirements for directors and staff of all halfway
houses
Adopted this ~~day of October 1995
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APPROVED
CITY COUNCil.
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Kay anger ~
Mayor
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CITY OF FORT WORTH