79th LEGISLATURE

Shorter probation terms approved by House

Move signals shift away from prisons.

By Laylan Copelin
AMERICAN-STATESMAN STAFF
Friday, May 13, 2005
Probation terms for many nonviolent felons would be capped at five years under a bill tentatively approved Thursday by the House.

Supporters said the move would intensify supervision and perhaps keep the state from having to build more prisons.

But two former Central Texas prosecutors, Dan Gattis of Georgetown and Terry Keel of Austin, warned that House Bill 2193 would release almost 50,000 probationers from supervision immediately and might ultimately swell the state's prison population.

Supporters of the bill, including three former leaders of the House Corrections Committee, disputed that gloomy prediction. The vote was 90-48.

The bill would cut the maximum probation terms from 10 to five years for nonviolent, third-degree felonies such as stalking, making a terroristic threat, retaliation, escape, and possession or promotion of child pornography. Gattis said the measure represents one of the most dramatic changes in the state criminal justice system.

"This is a dangerous, dangerous bill," he said.

Rep. Ray Allen, R-Grand Prairie, disagreed.

He said the probation system is already broken because 3,000 probation officers are supervising 450,000 probationers.

"It's not working because no one is being watched," Allen said.

The Legislature is expected to provide money to hire more probation officers and more treatment programs for drug and alcohol abuse.

Capping the maximum probation term for some offenders will further lighten the caseloads and improve supervision, supporters contend.

"We can watch the ones who need to be watched," Allen said.

For months, witnesses urged lawmakers to beef up probation as an alternative to more prisons. But in recent days some judges and prosecutors and even probation officials began lobbying against a series of bills that at one time appeared to be on a fast track.

They have argued the changes could mean less money for probation at a time when lawmakers hope to put more people under supervision. They also argued that judges might send more defendants straight to prison instead of putting them on probation for only five years.

Thursday's vote, however, indicated that the last-minute concerns have not derailed the probation legislation.

The Senate, meanwhile, is considering a similar proposal.

The House must take up HB 2193 once more today, May 13, to meet the deadlines for legislation. So, prosecutors have one more chance today to talk to their legislators and make a difference.

I know what you're saying, Lee, but some of them are hanging with us although it looks like it might not make any difference. Our state rep voted against it and just called and told me that he did so. He said he appreciated me filling him in on the realities of this bill. So like John said, pick up the phone or fax a quick letter. At least we can tell our constituents that we tried.

The House finally passed HB 2193 on voice vote. Bill now goes on to the Senate.

the floor debate was very interesting. the general jist of it was that probation isn't working at all and no one is getting supervised today....so the solution is to wholesale kick big numbers of people off probation so we can focus whatever resources we have on those needed supervision. Not a bad idea to get the judges to review cases for possible early terminations, but the dangerous part is the automatic termination of a whole bunch of people which will occur on September 1, 2005. Now, that has been limited to 3rd degree felonies, which is good, but it still doesn't make sense to wholesale terminate those. Some bad guy is going to get off who shouldn't, and who a judge wouldn't early terminate if he had a chance...it's that kind of thing that crashed the system in the late '80's.

I guess we are going to go through this all again....

Rob, I just continue to be amazed at how, of all the money saving ideas the Leg. has come up with (or could come up with), "probation reform" has managed to get itself sold so quickly as a cure all to fiscal irresponsibility in the criminal justice system.

How kicking people off probation early translates into creating more prison beds is totally beyond me.

As it stands now, under 42.12, Section 20, all probationers except sex offenders, DWI probationers, and state jail probationers are eligible for early termination after serving 1/3 of their probation term or two years, whichever is less.

I may have missed it, but under HB 2193 are these 10 year felony DWI probationers going to automatically early terminate? They are all 3rd degrees. Same with Intoxication Assault. My personal feeling is that anytime a defendant gets to a 3rd DWI he needs to be on a 10 year probation--if not in the pen. Where is MADD in all of this?

You are right...in the debate there was a complete disconnect in the argument that probation will get better simply by dumping a bunch of people from it. It was an amazing thing to see our leaders say in essence that probation doesn't work, so what the heck, just get everyone off of it! There wasn't any talk of doing this in a way that would take into account any public safety concerns...

Sylvester Turner of Houston correctly argued that $$$ was on the way from the Appropriations process to give more alternatives and rehabilitation options, and that would help. It will. But there is no forward-looking policy in place to make sure we aren't making the same old mistakes of the past.

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I may have missed it, but under HB 2193 are these 10 year felony DWI probationers going to automatically early terminate? They are all 3rd degrees. Same with Intoxication Assault.

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You got it. If a person is, say, in his 7th year of a 10-year Intox. Assault probation, he can go to court on September 1 and get his walking papers, should this bill pass. Good luck explaining that to the victim he put in the hospital.

It's like Legislative CLEMENCY!!! It's been a few years since I took civics, but I thought that was more of an Executive Branch function.

Lee,

That was the same approach 20 years ago. They passed laws that granted "good conduct credit" anytime the prison population reached maximum capacity, thereby leading to the immediate release of inmates for reasons having nothing to do with good behavior.

Of course, today's political leaders think their plan is different and smarter. But it's the same old, same old.

For an idea of how media has responded to HB 2193, check out this clip.

[This message was edited by John Bradley on 05-14-05 at .]

Looks like John got his point across very well in his neck of the woods... Let's see if the rest of us can carry the ball in our backyard!

He shouldn't worry, it will be a short probation if his senator is successful:

County probation chief faces porn investigation

He is suspended amid allegations he downloaded material at work

By ANDREW TILGHMAN
Copyright 2005 Houston Chronicle

The head of Harris County's probation department is the target of a criminal investigation amid allegations that he downloaded pornography on his work computer.

I assume that defendants who are on probation for indecent exposure to a child and injury to a child will be getting off probation as well? Maybe now is the time to review all of these third degree probations for possible extension?

[This message was edited by BLeonard on 05-16-05 at .]

A talk radio station reported on the negative consequences of passing HB 2193: read the warning.

[This message was edited by John Bradley on 05-16-05 at .]

Unfortunately, JB, your link to the radio station is no longer current. I was also unable to 'search' on that website. (probably my ignorance rather than lack of resources) Can you post the summary or update the link?

X-Con, I read your post. While I agree you likely have a unique perspective on the circumstances, you also seem to express through the tone of your writing to have lumped every single poster on this site into one mindset that is underdeveloped and overaggressively self-righteous. So, as one of those 'law and order types', I'm going to refrain from responding contextually to your argument and simply leave you with a respectful, I disagree.

That link, to an Austin radio station, is gone. I replaced it with a link to a San Antonio radio station. I did an interview with them on the probation issue, and they posted a summary. So, try the link again.

A quick Google of 2003 FBI stats shows that the murder rate in Texas was six times that of Maine, robbery five times greater, and property crimes just under double. In fact, Texas' crime rate was 23.22% greater than the national average. Rather than too many in prison, we have too few.

http://www.nicic.org/StateCorrectionsStatistics/tx.htm

http://www.nicic.org/StateCorrectionsStatistics/tx.htm

[This message was edited by BLeonard on 05-16-05 at .]

What is all the up roar about?
We should be thanking our elected officials for ensuring our job security.