Effective Solutions for the Texas Criminal Justice System

May 13, 2005 Fort Worth Star-Telegram "Bill would loosen rules for probation"
Home | Solutions | F.A.Q.s | At the Legislature | In the News | Library | Events

Bill would loosen rules for probation

By John Moritz
Star-Telegram Austin Bureau

AUSTIN - Legislation that would shake up the way Texas handles lawbreakers on probation won passage in the House on Thursday, with backers saying the state is finally meshing its tough-on-crime reputation with its penchant for stretching tax dollars further.
 
House Bill 2193, which faces a final vote today, was approved 90-48. It would lower the probationary maximum sentence for nonviolent, low-risk offenders from 10 years to five and have their sentences come up for review periodically during their prison terms.
 
"Our probation system, as it exists today, is broken," said state Rep. Ray Allen, a co-author of the bill who pointed out that each probation officer is responsible for about 150 lawbreakers. "It's not working because no one is being watched."
 
Allen said the legislation would reduce the state probation rolls, now well over 200,000, by about 75,000. It would dovetail with measures expected to be included in the 2006-07 state budget that vastly increase the number of officers supervising those on probation.
 
Critics of the bill, however, warned that the state was drifting back to the mind-set that prevailed before the $1 billion prison-building boom in the 1990s that saw criminals being shuttled back onto the streets well before their original sentences had been served.
 
"Years ago, when we had prison overcrowding, we just turned everybody loose," said state Rep. Dan Gattis, R-Georgetown, a former prosecutor. "This is the same situation. ... We've got too many people on probation."
 
Allen, along with the bill's primary author, Rep. Jerry Madden, R-Richardson, said the bill would actually toughen the state's stance against crime. Because low-risk offenders would be free of the probation system, officers would have more time for oversight of those who need supervision.
 
State analysts say that the state's 150,000-bed prison system, which is triple the size of the system in 1990, is nearing capacity and it would cost taxpayers tens of millions of dollars to add more prison cells.
 
State Rep. Sylvester Turner, D-Houston, said it's time to use tax dollars more efficiently by focusing on rehabilitating lawbreakers before they become hardened criminals.
 
The Senate is considering a similar measure, which is expected to come up for debate within a few days.


John Moritz, (512) 476-4294 jmoritz@star-telegram.com