AUSTIN
? Even though Gov. Rick Perry vetoed legislation last year designed to
ease restrictions on nonviolent offenders who are placed on probation,
lawmakers should try again to pass similar legislation to reduce prison
crowding and help rehabilitate low-level lawbreakers, a legislative
panel was told Wednesday.
The House Corrections Committee heard testimony from probation
officials and advocacy groups who said that closer monitoring of
probationers and treatment programs for people with substance-abuse
problems have gone a long way to keep nonviolent offenders from
straying.
"Texas cannot sustain a broken probation system and the escalating
cost of prison overcrowding," said Ana Yanez Correa, who heads the
Texas Criminal Justice Coalition, a watchdog group that monitors trends
in prison, parole and probation policies.
Correa was an enthusiastic supporter of a probation-overhaul measure
that easily passed the Legislature last year but was vetoed by Perry
after several prosecutors raised objections.
The bill would have reduced probation for some felonies from 10
years to five, boosted funding for drug courts and community-service
programs, and given judges greater oversight over probationers.
Supporters said the bill would lighten the workload of probation
officers and lead to fewer probation revocations because of rule
violations such as failing to pay fees.
In his veto message, Perry pointed out that the state budget
lawmakers approved for the 2006-07 cycle contained money for several
regions of the state to hire more probation officers and develop
innovative programs to prevent offenders from having their probation
revoked.
Tom Plumlee, who heads the Tarrant County adult probation offices
and a statewide probation advisory panel, said the extra money has
helped cut officers' caseloads. But more must be done to change what he
called the "culture of probation" that in some cases encourages
officers to recommend revocation for minor transgressions.
"If somebody misses a [meeting with a probation officer], he goes to
jail," Plumlee said. But if an officer can find out why the probationer
failed to report and can correct the behavior, the probationer will
have a better chance of succeeding, he added.
"When you fix that part of it, you can make some positive changes,"
said Plumlee, whose office oversees about 20,000 probationers.
The corrections committee is gathering information on what
legislation it might offer when lawmakers return to Austin in January
for the regular legislative session. The earliest any bill could be
filed is December.
The panel also heard testimony that the state's 151,000-bed prison
system is operating near capacity and that more money might be needed
to lease space from local jails and private correctional facilities.
Bonita White, director of the Texas Department of Criminal Justice's
community justice assistance division, told the panel that judges
statewide have said the state needs additional drug-treatment programs
for probationers.
"We need more substance-abuse treatment ? so people don't go from one violation to prison," White said.
Plumlee said most cases that arrive at his office involve drug and alcohol abuse.
"Most of them are nonviolent property offenders," he said. "And of course, drug use drives just about most everything."
John Moritz, (512) 476-4294
jmoritz@star-telegram.com