It may be time to declare war on the Parole Board.

As many of you have noticed, the parole rate has been creeping up over the last few years. Although the Board denies it, I think it is a fair statement to say they are using parole as a mechanism for relieving some of the pressure building from potential prison overcrowding.

Rather than commit to building new prisons to keep up with the need to confine violent and repeat offenders, state officials seem to be returning to the ways of the late 1980's when early release was an actual policy for controlling prison populations.

I recently had a case that woke me up. Defendant has been sentenced to prison 5 times by my local judges -- going back to the late 1980's. Each time, he got a slightly longer prison sentence -- eventually he got 60 years in prison. But each time the Parole Board released him early.

And every single time he committed a new felony offense fairly soon after release.

As prosecutors, we have to speak out and remind the Austin politicians that prisons serve a very important purpose in civilized society. Probation and reintegration are great concepts -- for the right cases. But there must always be sufficient prison space to hold violent and repeat offenders for a substantial percentage of their sentences.

I urge you to look at the cases being granted parole in your county and speak out when the Parole Board is wrong. Otherwise, we are going to see history repeated and a rising crime rate follows.

Do you think the whole parole system is accomplishing anything? I mean they won't even revoke someone on a new offense unless they have been convicted by a jury in the underlying offense. So whats the purpose, if they have received their punishment on the offense? Further it bogs down my misdemenor docket they won't plead because their parole will be revoked even if they have served the maximum sentence on their misdemenor offense. If they can't revoke administrativly waht good are they?

(a) It was my understanding that TDCJ won't revoke parolees for pending new cases because years ago, prosecutors pitched a fit when our cases kept getting screwed up by mistakes in the administrative hearings, which were also often used by defense attorneys for discovery, deposition, etc. (a la ALR hearings).

(b) I've heard a rumor (unconfirmed, of course) that TDCJ may stop revoking parolees for misdemeanor convictions anyway, so you might not have to worry about your dockets anymore, Randal (talk about being careful what you wish for!).

... but not finding it with parole board actions.

When I'd like them to revoke so I can run CC - they want to await my conviction - usually, of course, by trial! When I want to hold the case to use it as leverage for some purpose, the board "steps up to the plate" and revokes - taking away some of my negotiating room.

Simple consistency would be nice - knowing that everyone will play by the same rules and knowing what those rules are (in advance) would help us work our cases with some degree of justice.