The rapid growth of transition homes in the Treasure Valley and statewide has created a sense of urgency for local and state officials.
The Valley has about 65 transition homes for ex-inmates, up from 27 last year, according to Idaho Department of Correction figures. Statewide, the number rose from about 40 to 104.
New Hope Community Health, the largest of 38 Valley providers on the Correction Department's housing resources list, opened its first home in May and plans to open its 14th this week in Caldwell's Canyon Hill neighborhood. New Hope representatives say the need for ex-inmate housing is so great that the faith-based business plans to open 40 to 60 more in the Treasure Valley within two years.
Who can regulate where and how transition homes for ex-inmates can locate in Idaho, and to what extent do the federal anti-discrimination laws hamstring local authorities?
Treasure Valley lawmakers aim to help answer those questions.
"We're getting our arms around this issue," District 13 Rep. Brent Crane, R-Nampa, said. "We're going to see if we can craft some legislation that can define where these homes should be located."
Some say the issue is best addressed by local authorities through zoning and other local codes, but Idaho lawmakers may be able to help make that possible by adjusting state law to allow cities and counties more options, such as requiring conditional-use permits that would address parking and other issues.
"I think at the end of the day there's work to be done with the Legislature to see if there's more local control we can get," Nampa City Attorney Terry White said last month.
A meeting this week will bring various officials together to discuss how to serve the interests of neighbors and the increasing number of ex-inmates who rely on transition homes to get a new start on life.
'ARE OUR HANDS TIED?'
All agree there is confusion about whether group homes, some with 12 or more residents, can operate legally in single-family neighborhoods and whether federal regulations prohibiting discrimination against people with drug or alcohol addictions can override local ordinances that restrict the number of unrelated people who can live in one home.
"It's difficult to get a straight answer on how people interpret the Fair Housing Act," Idaho Department of Correction Director Brent Reinke said.
The big question, said District 10 Rep. Darrell Bolz, R-Caldwell, is, "Are our hands tied?" The answer may be yes.
Lynn Luker, a Boise lawyer and Republican state representative for District 15, said a U.S. Supreme Court ruling (City of Edmonds v. Oxford House, 1995) determined that "the Fair Housing Act trumps city ordinances in this regard."
The case centered on a Washington city's attempt to enforce its zoning ordinance on an Oxford House transition home that housed more residents than the ordinance allowed. Under the Fair Housing Act, as amended in 1988, the definition of "disabled includes those in rehabilitation programs for drug and alcohol abuse," Luker said.
Nampa, Boise and other Idaho cities have ordinances barring more than four or five unrelated residents in a home in a single-family zone, but Luker said the Supreme Court ruling would seem to override that regulation in the case of transition homes serving people with drug and alcohol addictions.
"But there might be some things that can be enacted to regulate the flow," Luker said, declining to specify what those things might be. "We're exploring that."
Bolz said he hopes a meeting Wednesday with Reinke, lawmakers, local leaders and state agency representatives will help clarify the situation for all involved.
Reinke held a similar meeting last month with Crane, Bolz and District 13 Sen. Patti Anne Lodge, R-Huston. Crane said he called for that meeting after two different types of transition homes roused residents in his Nampa district, sparking emotional community meetings that drew at least five Canyon County legislators.
'A PROPERTY RIGHTS ISSUE'
Neighborhood opposition jettisoned plans for a transition home for sex offenders and other ex-inmates in one south Nampa neighborhood this fall. But a similar uproar over a New Hope transition home in the Maplewood subdivision has not uprooted that operation, which does not allow sex offenders or ex-inmates with recent violent crimes.
Residents say they applaud the group homes' mission - helping former inmates transition into community life and get their lives back on track - but don't believe they should be allowed to operate in single-family neighborhoods.
Lawmakers and other officials echo those sentiments.
"We want these homes. We need them," Lodge said. "But they would be better located in light industrial zones, where these guys can walk to jobs."
Released inmates shouldn't be placed in hostile environments where their neighbors want them gone, she said.
"We want to give them (ex-inmates) every chance possible, but we want our neighborhoods to retain their values, too," Lodge said.
"I think it's becoming a property rights issue," Crane said. "A home is an individual's major asset."
But New Hope representatives say a residential setting is crucial for creating a sense of normalcy for people adjusting to life after prison.
"There's good intent behind these homes and reasonable objections on the part of neighbors," Luker said. "Is there a way to get a win-win situation?"
Kristin Rodine: 377-6447
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