The prliminary numbers on the success or failure of the legislature's answer to the "broken" sytem of community supervision and corrections here in the Great State are not yet in but nevermind: read this article from the March 3nd 3006 issue of the Ft. Worth Star-Telegram. Comments?


OVERHAUL OF PROBATION SYSTEM URGED

By JOHN MORITZSTAR-TELEGRAM AUSTIN BUREAUAUSTIN - Even though Gov. Rick Perry vetoed legislation last year designed to ease restrictions on nonviolent offenders who are placed on probation, lawmakers should try again to pass similar legislation to reduce prison crowding and help rehabilitate low-level lawbreakers, a legislative panel was told Wednesday.
The House Corrections Committee heard testimony from probation officials and advocacy groups who said that closer monitoring of probationers and treatment programs for people with substance-abuse problems have gone a long way to keep nonviolent offenders from straying.
"Texas cannot sustain a broken probation system and the escalating cost of prison overcrowding," said Ana Yanez Correa, who heads the Texas Criminal Justice Coalition, a watchdog group that monitors trends in prison, parole and probation policies.
Correa was an enthusiastic supporter of a probation-overhaul measure that easily passed the Legislature last year but was vetoed by Perry after several prosecutors raised objections.
The bill would have reduced probation for some felonies from 10 years to five, boosted funding for drug courts and community-service programs, and given judges greater oversight over probationers. Supporters said the bill would lighten the workload of probation officers and lead to fewer probation revocations because of rule violations such as failing to pay fees.
In his veto message, Perry pointed out that the state budget lawmakers approved for the 2006-07 cycle contained money for several regions of the state to hire more probation officers and develop innovative programs to prevent offenders from having their probation revoked.
Tom Plumlee, who heads the Tarrant County adult probation offices and a statewide probation advisory panel, said the extra money has helped cut officers' caseloads. But more must be done to change what he called the "culture of probation" that in some cases encourages officers to recommend revocation for minor transgressions.
"If somebody misses a [meeting with a probation officer], he goes to jail," Plumlee said. But if an officer can find out why the probationer failed to report and can correct the behavior, the probationer will have a better chance of succeeding, he added.
"When you fix that part of it, you can make some positive changes," said Plumlee, whose office oversees about 20,000 probationers.
The corrections committee is gathering information on what legislation it might offer when lawmakers return to Austin in January for the regular legislative session. The earliest any bill could be filed is December.
The panel also heard testimony that the state's 151,000-bed prison system is operating near capacity and that more money might be needed to lease space from local jails and private correctional facilities.
Bonita White, director of the Texas Department of Criminal Justice's community justice assistance division, told the panel that judges statewide have said the state needs additional drug-treatment programs for probationers.
"We need more substance-abuse treatment ... so people don't go from one violation to prison," White said.
Plumlee said most cases that arrive at his office involve drug and alcohol abuse.
"Most of them are nonviolent property offenders," he said. "And of course, drug use drives just about most everything."

quote:

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"Most of them are nonviolent property offenders," he said. "And of course, drug use drives just about most everything."

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That's sweet. I know the folks who get burglarized at home and in their business feel like those crimes are non violent. Or the ones who are robbed.

Here are a few modest proposals from the Texas Criminal Justice Coalition. The reporter identifies the organization as a "watchdog group." If you read the last paragraph of this post it looks more like a lying dog group. Where is this jurisdiction where prosecutors and judges are ignoring Gideon v Wainwright? Gulag County? If such violations are ongoing, what possible state-enacted policy will deter officers of the court from trampling on the US constitution?
for a rueful smile click here

b) Texas should reduce the length of sentences for other nonviolent, low-level offenders.

An individual's third petty theft offense should be a misdemeanor, rather than a felony. Or, at the very least, there should be a minimum value attached to the theft convictions, like $500, to be sure that the smallest $1 theft does not turn into a felony.

Essentially, judges and juries should have the discretion to apply penalty enhancements, instead of having mandatory penalty enhancements based on the offender's criminal record or due to an offender re-using drugs.Ultimately, our Campaign has three constant and ongoing goals: (a) to identify formerly incarcerated persons who are eligible to vote; (b) to educate these individuals, as well as state government agencies and those who work with formerly incarcerated individuals on a daily basis, about the eligibility of formerly incarcerated persons to vote; and (c) to mobilize formerly incarcerated persons to exercise their right to vote by registering them to vote and getting them to the voting booth.

Texas should adopt policies that prevent prosecutors and judges from unfairly pressuring defendants into entering uncounseled guilty pleas. In Texas, it is not unusual for prosecutors or judges to compel a defendant to enter into an uncounseled plea negotiation, even after that defendant has requested counsel � which is in clear violation of constitutional law. Prosecutors and judges cannot suggest or otherwise initiate counsel waivers, and in no circumstances are they allowed to elicit a wavier once a defendant has indicated that he or she wants a lawyer.

Take one more moment to read these personal stories of oppressionhere. As prosecutors we can read in the details the convicts have omitted but our fellow citizens are in danger of being misled. Clearly, these proponents of reform believe the truth will not advance their agenda.

[This message was edited by BLeonard on 03-25-06 at .]

Welcome to my world, Ben.

But fear not -- your peers are working with legislators over the interim to find common ground on changes to probation. We'll also have information on this topic in future issues of the Texas Prosecutor, so stay tuned for more details.

Anyone interested in working on these issues can contact me at TDCAA HQ.

Why is it that the drumbeat for reform is sounding before the numbers are in for the reform passed last session? The leg made money available for those jurisdictions willing to go to the graduated sanctions ladder prescribed by the act. There is no way that any usable statistics yet exist to tell the tale.

Since when are facts necessary to advocate for a certain public policy? Most lobbyist-advocates are employed to get around the facts, and their volume level is usually inversely proportional to the facts on their side.

It's like that old courtroom adage: "When the law is on your side, argue the law; when the facts are on your side, argue the facts; and when neither are on your side, argue like hell!"


p.s. - and in my own defense, I will add that now you also know why I rarely have to testify at these interim policy hearings.