COMMENTARY
by John Bradley, WILLIAMSON COUNTY DISTRICT ATTORNEY
Under Texas law, a convicted felon can avoid a prison sentence by being
placed on probation. If the felon fails to follow the conditions of supervision, a judge has broad discretion to continue
his probation or revoke it and send him to prison. But now comes House Bill 2193, the latest proposal for solving prison overcrowding.
Some reports have described HB 2193 as an improvement of Texas' overburdened
probation system. And given the Legislature's repeated failure to increase the budget for probation departments, the system
certainly is overburdened. But a careful reading shows that the bill would add no new services, severely damage our ability
to protect society from criminals and increase the likelihood that criminals will be sentenced to prison.
The bill begins by cutting in half the time a judge can place a defendant
on probation. This radical surgery is followed by another provision that would authorize judges to release that same defendant
from supervision after he completes only half of his probation.
These changes would increase the likelihood that felons will be released
from probation in a quarter of the time that's now required. This would cause judges, juries, prosecutors and probation officers
to lose confidence in probation as a sentencing alternative, making it even more likely that prison will be the preferred
option.
And during the short time these felons would be on probation, judges
would have less authority to send violators to prison. The bill's sponsor claims this is necessary to stop judges from revoking
probations for "technical" violations. But such violations reflect serious misconduct, such as drug abuse and flight from
supervision, and serve as a warning that a defendant may soon commit a new crime. HB 2193 effectively tells judges and prosecutors
to wait until a defendant harms another victim before revoking a probation.
And when a probationer does commit another serious crime and is required
to go to prison, these bills make it likely that less time will be spent there. The judge is encouraged to award the defendant
all sorts of time credits, even though no time has yet been spent in prison.
So why would lawmakers cut probation sentences, promote early release,
weaken the authority to revoke probation and grant credit for time not served?
Because, as the bill sponsors proclaim, these changes will save money
and help Texas avoid building new prisons.
Of course, these "savings" don't take into account the pain that new
victims of crime will feel, the costs of re-arrest and prosecution that law enforcement will absorb and the cost of finally
imprisoning these repeat criminals for even longer prison sentences. The public will never get an accurate accounting of these
costs.
A smarter approach would be to provide more money for the probation programs
that have a record of success. Lawmakers also could enact a limited system of early release of low-level, nonviolent criminals
from probation, tied directly to their progress in rehabilitation and a specific standard of review.
Instead, these lawmakers made the same mistake they made 20 years ago.
In the late 1980s, Texas' prisons were overcrowded. But rather than build new prisons, the Legislature amended parole laws
to permit early release from prison.
Those bills, too, promised to save the state lots of money by avoiding
prison construction.
The result? The widespread early release of prisoners, a skyrocketing
crime rate and victims who suffered needlessly. Only after the media publicized the more violent crimes did the Legislature,
in 1993, toughen parole laws, build new prisons and protect society.
It's a shame that the Legislature doesn't appear to have learned from
recent history. On Tuesday, the Senate followed the House in approving HB 2193.
In comments opposing the bill, state Rep. Terry Keel, R-Austin, a former
prosecutor and sheriff, summed it up best. This mesaure, he said, will bring "unforeseen and serious consequences to victims
of crime . . . The governor should veto it."
