The article in "issues in prosecution" on this website ("100s Could Be Freed From TYC") quotes the Guv's investigator for TYC problems as saying that a panel made up of representatives from the ACLU, LULAC, and NAACP, as well as TDCAA and the Spec. Prose. Unit will decide on which JD's should be kept on at TYC and which others will be sent home.

What expertise have the ACLU, LULAC and the NAACP in managing juvenile delinquents? Zero. If you wanted to find organizations to serve on such a panel with their combined expertise, you could pick any random group, and do no worse. What about the state P.T.A.? What about the Texas 4-H Club execs? Or for that matter, what about the Texas and Southwestern Cattle Raisers Association, or the oldest civil rights organization in the U.S., the National Rifle Association?

I can't speak about the NAACP, but when I spent a couple of days waiting to testify before the House crim. jurisprudence committee, I have seen the ACLU-LULAC representative (he is one and the same guy) testify numerous times about various bills. In every case, his organizations are in favor of bills that would radically weaken probation and prosecution. He has testified to the effect that: Studies show prison does little to lower crime (in fact, "studies show" exactly the opposite.) They make no bones about their hostility to incarcerating criminals.

The article says the panel is going to release "low risk" TYC inmates, and this will radically reduce the number of JD's in TYC. How many low risk JD's does TYC have? In my experience, a J.D. has to work double overtime to get himself sent to TYC. If they are serious about only releasing low risk inmates, I doubt very many JD's will be coming home soon. But I have the feeling that this panel will not be very interested in protecting the public.

[This message was edited by Terry Breen on 03-28-07 at .]

[This message was edited by Terry Breen on 03-28-07 at .]

As I understand it, the panel will only make a recommendation and a retired judge will make the final decision. I suspect that these groups were included in the review to give the process some credibility, which is sorely needed at this point in time. However, I agree that individuals without an agenda, one way or the other, should have been chosen for the panel.

What also seems to get lost in all the rush to "do something" is the legality of any of this. By what authority does such a "panel" even exist? We are bound by the law, not someone's temporary vision of what would be fair. Frankly, I have concerns about any prosecutor serving on a panel that has no legal authority and questionable goals.

In addition, the Legislature should take some responsibility for this situation. Several years ago, the Leg amended the law to take away from a local judge the decision on whether to release a juvenile from TYC. Instead, the Leg gave the authority to TYC.

That would be like telling a warden he could decide when an adult leaves prison. We wouldn't think that was fair, as the governing body of the institution has some self-interest in making the decision.