by Mike Ward
Controversial yet highly touted reforms to Texas' probation system were
killed Friday with a gubernatorial veto, scuttling what legislative leaders had high hopes would ease an impending crisis
with overcrowded state prisons by keeping more nonviolent felons under close supervision in local communities.
The measure was one of 19 bills that Gov. Rick Perry vetoed, including
one that would have required police officers to get signed consent from a motorist before searching a vehicle.
In vetoing House Bill 2193, Perry harshly criticized the probation measure
as a "flawed piece of legislation" that prosecutors across Texas had strenuously objected to since its passage.
"I can only conclude their opposition stems from good cause," Perry said
in a proclamation accompanying his veto.
"Attempts to improve this legislation that would have provided greater
public safety were rebuffed, ensuring a flawed piece of legislation that would endanger public safety made it to my desk instead
of one that could have made needed improvements to our probation system," the governor wrote.
Senate Criminal Justice Committee Chairman John Whitmire, a sponsor of
the measure who refused the last-minute changes late in the legislative session, said he was deeply disappointed by the veto.
"This is a huge loss for improving public safety . . . and without fixing
a probation system everyone agrees is broken, we will have a huge prison population problem we'll have to address sooner rather
than later," Whitmire, D-Houston, said.
House Corrections Committee Chairman Jerry Madden, R-Richardson, a key
House author, could not immediately be reached for comment.
Williamson County District Attorney John Bradley, a vocal opponent of
the reforms and one of more than two dozen prosecutors who urged the veto, applauded Perry's decision.
"Governor Perry acted in the best interest of the public to prevent the
inappropriate early release of convicted felons," Bradley said. "We need to make sure probation officers have enough resources
to safely supervise and treat convicted criminals while they are on probation, but early release is not the right solution."
In his veto proclamation, Perry said the reforms improperly reduced the
maximum term of probation for some crimes such as assaulting a police officer and taking a police officer's weapon from 10
to five years.
"I will not sign legislation that reduces penalties for offenses against
law enforcement officers," the governor said.
In addition, he said, the legislation also would have reduced the maximum
period of probation for crimes such as kidnapping, injury to a child, repeated spousal abuse, intoxication assault and habitual
felony drunken driving.
He said that though the measure would have increased court fines to expand
drug-crime courts, a wording mistake made no appropriation for the new revenue.
Whitmire insisted that several of Perry's assertions were flat wrong:
Though the measure would have limited probation for many crimes to five years, instead of the current 10, it would have allowed
judges to extend the probationary period to 10 years if a defendant needed the additional supervision. And the drug court
funding, he said, was properly appropriated.
"This is really a missed opportunity to strengthen our probation system,"
he said. "This bill would have helped focus our resources better to more closely supervise the people who need supervision
the most."
In all, more than 267,000 Texans are on probation, 157,000 of them for
felony crimes and 110,000 for misdemeanor crimes. Nearly 25,000 had their probation revoked and were sent to prison last year,
at least 10,000 for rules infractions such as showing up late for appointments, having a dirty urinalysis test or not completing
community service hours on time.
It is the latter group that legislative leaders had hoped to keep out
of prison to free up bunks to handle the growing number of felons. According to official projections, the state expects to
be at least 3,500 prison beds short in two years.
With the 151,000-convict state prison system already brim full, prison
officials are making plans to lease 575 additional beds in county and private lockups beginning in July.
According to aides, Perry will spend today approving and vetoing line-items
in the budget.
