In September, the San Jose City Council voted unanimously to implement a 45-day moratorium on new private detention facility proposals. This temporary measure allows city staff to draft permanent land-use rules for such facilities, addressing how and where they might operate within city limits. This local action reflects a broader trend among municipalities examining the placement and regulation of correctional and rehabilitation facilities.
For instance, the El Paso City Council is holding a public hearing today on proposed zoning changes that would significantly restrict where correctional facilities, detention centers, and halfway houses can operate inside that city. These proposed amendments to Title 20 of the El Paso City Code, which governs zoning citywide, introduce requirements for special permits and buffer zones.
Under the proposed changes in El Paso, correctional facilities and detention centers would no longer be allowed outright in certain commercial and manufacturing zoning districts. Instead, they would require a special permit approved by the city council before commencing operations. A key part of the proposal is a one-mile separation requirement between these correctional facilities and protected areas, which city documents identify as residential areas, parks, schools, daycares, and churches. However, a separate city presentation lists a half-mile separation requirement for the same category of facility, indicating a potential point of discussion. The council retains the authority to approve modifications to this distance requirement as part of the special permit process.
Halfway houses in El Paso face a distinct set of regulations under the amendments. These facilities would need to maintain a distance of at least 1,000 feet from other halfway houses, as well as from residential and apartment areas, parks, schools, higher education institutions, daycares, and churches. The amendments would also remove the current two-year operating permit limitation placed on halfway houses, granting the council authority to attach its own conditions through the special permit process. Like correctional facilities, halfway houses would also be required to obtain a special permit to operate in designated commercial and manufacturing zoning districts. El Paso City Code Section 20.02.429 defines a halfway house as a facility intended for housing, rehabilitating, and training individuals who are on probation, parole, or early release from a correctional institution.
These proposed zoning changes in El Paso include specific exemptions. They would not apply to facilities under state or federal agency control, administration, or jurisdiction. This carve-out is rooted in Texas Local Government Code Section 211.013, which bars municipal zoning regulations from applying to any building, structure, or land under the direct control of a state or federal agency. It is important to note that this statutory limit applies to property under state or federal agency control, not county-run property. Additionally, the ordinance would not affect existing permitted facilities already operating within El Paso.
The El Paso City Plan Commission voted 7-0 on July 30 to recommend approval of these amendments, and city staff have also recommended that the council approve the ordinance. As of today's hearing, the proposed changes have not yet been formally approved.
San Jose's own unanimous vote in September to establish a moratorium on new private detention facility proposals, to allow time to draft permanent land-use rules, highlights the ongoing efforts by municipalities to manage the development and placement of such facilities thoughtfully within their communities. This local initiative, alongside similar considerations in other cities like El Paso, underscores a shared interest in establishing clear and appropriate land-use guidelines for these specific types of institutions.
