by Marie Delahoussaye
Substantial changes to Texas probation laws were vetoed by Gov. Rick
Perry Friday, leaving critics decrying the state's failure to reform an overcrowded criminal justice system.
House Bill 2193 would have reduced probation terms for less serious offenders
in an attempt to focus more attention on higher-risk felons.
Perry, however, was hesitant to reduce the sentences for some of the
crimes.
In his veto statement, Perry listed some of the crimes he felt should
not be included: assaulting a police officer, kidnapping, child or spousal abuse, intoxication assault and habitual drunk
driving.
"These are serious crimes, and I do not believe Texas should reduce probationary
sentences for offenders who endanger the lives of others in such crimes," Perry said in his statement.
Rep. Jerry Madden, R-Plano, who authored the bill, said he designed it
to reduce the workloads of overburdened probation officers, who can be responsible for up to 150 cases at a time.
Madden said probation officers frequently lose track of serious criminals
while monitoring the progress of people who have proven their rehabilitation.
"These people who have been on probation for quite some time are the
least likely to take off," Madden said.
By relieving them of low-risk cases, Madden said officers would keep
better track of serious offenders who frequently escape under the current system.
"We'd rather have the probation officers finding those guys," Madden
said.
Ana Yanez-Correa, Southwest legislative liason for the League of United
Latin American Citizens, said Perry's veto shows a lack of concern for public safety.
"I don't feel comfortable walking around and knowing that there's going
to be all of these people without supervision," Correa said.
In his statement, Perry said the state budget provides enough additional
funding to reduce probation officers' caseloads.
Marc Levin, director of the Texas Public Policy Foundation's Center for
Effective Justice, said he sees both sides of the issue.
Levin said he agreed that the probation system is broken and that the
probation reform plan had some good suggestions for solutions. Levin said he especially approved of language in the bill that
would have ensured intervention each time a probationer misses a meeting. That way, Levin said, offenders are discouraged
from accumulating so many infractions that they are sent to prison, which drains the state's resources. Levin said the state's
prison system is expected to exceed capacity by the next legislative session.
He said he was concerned about a few provisions, however. Levin said
one worrisome aspect of the bill was the rule that judges cannot deny an early probation request because the probationer is
indigent. Levin said indigence can sometimes indicate rehabilitation by showing whether a probationer is willing to work.
"The question is whether somebody is indigent because of a lack of effort,"
Levin said.
Levin said his organization will work with the next Legislature to come
up with a better solution for the state's probation problems.
