Liberty's Blog

Probation Reform in Texas

Its not often when it comes to fixing something the Texas lawmakers aply common sense. HB 575 is a Bill that varys from the norm. Grits for Breakfast explains:

the state is 1,000 probation officers short, and in the midst of a prison overincarceration crisis. Ironically, state leaders have said the only way to avoid building more prisons, at a potential cost of billions of dollars, is to use probation services MORE, and incarceration less.

That's where Rep. Haggerty's new bill comes in. His especially smart fix, which he also proposed in 2003, would not only resolve immediate, functional problems with the system but would acrtually establish incentives for better behavior. Under HB 575, "unless in the judge's opinion the best interest of society and the defendant will be served," or if the probated offense is drunk driving or requires the probationer to register as a sex offender, probation would end after completeing one third of the term if no new crime was committed. It would also charge probationers who were released under this provision a $500 early termination fee.

For probationers who were drunk drivers, sex offenders, who commit new crimes (even low-level misdemeanors), or who the judge simply thinks should remain on probation, they must serve out the full probation term received. And of course judges may still terminate community supervision for new crimes. Indeed, any judge can decide any individual probationer should not be released after one-third of the probation period -- all they have to do is include a statement in the record stating why.

That makes a whole lot of sense -- in the big picture, society wants probationers not to commit new crimes. One's messy personal life -- missing meetings or having marijuana show up in a urinalysis -- doesn't justify prison time, especially since such people currently would be taking up space the state needs to house more dangerous offenders. If probationers know they can get off community supervision completely, they have a lot more reason to comply with the rules than if they're stuck for 10 years no matter what. I'm not a big fan of that $500 fee, and I'd like to know what happens for probationers who can't pay it, but overall this bill is a dramatic improvement over current policy.

Once again we are in debt to the Chuck Kuffner for bringing this to our attention. When it comes to Texas politics he is the best for keeping us on top.

posted by Liberty @ 8:09 PM