Effective Solutions for the Texas Criminal Justice System

June 14, 2005 News 8 Austin "Probation bill could impact labor pool for nonprofits"
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Probation bill could impact labor pool for nonprofits

by Allie Rasmus
 
Hundreds of people fulfill their community service requirement at Goodwill every month. More than 300 of them are on probation, as part of Travis County's adult probation system.
 
"We rely heavily on our volunteer workforce," Malcomb Gardner of Goodwill said.

Community service is a requirement for many convicted criminals and can be ordered in lieu of jail time or immediately following it.
 
Once finished with prison, they continue to be supervised by the courts, in some cases for up to 10 years. During that time, they have to give back to the community.
 
"We give them an opportunity to work off those hours," Gardner said. "It's a good labor pool."
 
Lawmakers passed HB 2193 this session. The bill could cut down that labor pool for nonprofits.
 
"This session the legislature changed the law on third-degree felonies and said that the maximum someone can be [initially] placed on probation is five years - cuts it in half," Rep. Terry Keel, R-Austin, said. The probation changes would not apply to third-degree felony convictions for certain violent crimes and sex crimes including any conviction requiring registration as a sex offender. Additionally, judges could extend probation at the end of five years for as much as an additional five years back to a total of 10 years.
 
Also, community service time would not longer be manditory but instead required at the discretion of the judge.
 
Some nonprofit groups around Central Texas worry that these changes will mean less time spent working on behalf of their organizations.
 
"We could lose potentially 20 to 30 percent of our volunteer hours," Gardner said.
In 2004, more than 9,500 probationers in Travis County did community service for a total of 500,000 hours. That was worth $2.5 million to the community.
 
Nonprofits aren't the only groups who may be affected. Keel said the bill raises safety issues.
 
"There may be real good reasons to keep somebody on third-degree felony probation for arson, or kidnapping or assault and family violence for a lengthy supervision," he said.

The bill's authors say the changes are needed to help streamline the state's probation system and save tax dollars. In Travis County, there are 130 probation officers and more than 11,000 people on direct supervision.
 
Ann del Lano, an attorney for the ACLU and a member of the Austin/Travis County Reentry Round Table Planning Council, favors the changes. She said that it isn't clear that a change in the initial probation terms will have any impact on the number of community service hours to be worked at nonprofits. She said that judges would have more latitude in setting probations and community service requirements based on individual situations and will have expanded drug treatment options for probationers under the bill as well.
 
If signed, the bill would be retroactive, which means as many as 7,000 people in Travis County, along with 30,000 probationers, could see their supervision time reduced.