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HB 312 would require the State of Texas to prove that probationers are able but unwilling to pay their probation fees
before revoking them to prison for a failure to pay fees.
HB 337 requires the courts to sentence probation violators appropriately and not revoke them to prison for minor mistakes.
The solutions strengthen sentencing practices in Texas because:
•While the number of felony probationers on supervision did
not significantly increase from 1996 to 2005, the number
of felons revoked from probation during this period
increased by almost 27% from 20,234 in 1996 to 25,639 in
2005.
•Inconsistent revocation policies, and revocation for
indigency, contribute significantly to the growing
pressure on Texas to build new prisons, although the state
cannot staff the prisons we have.
Improve sentencing policy. The Texas Department of Criminal Justice asked a team of Texas judges to study probation
conditions and consistency in enforcement, due to the significant increase in probation revocations that fill our prisons.
The team found that probation officers enforce probation conditions inconsistently and, as a result, many probationers are
revoked because they could not follow certain rules, while others stay out of prison. The judges recommended swift, certain,
and graduated systems of sanctions, appropriate to the severity and frequency of the violation, for each and every probation
violation. These bills will move that important recommendation forward.
Probation is difficult to complete in Texas. Texas’ probation terms are 67% longer than the national average
for all states. Probation in Texas is difficult to complete successfully because of the many conditions imposed, and because
of the inconsistent way those rules are enforced. Probation officers can not respond adequately or consistently to problems
when they occur because caseloads are too high.
Probation revocations drive prison population growth. While the actual number of those placed on probation in 2005
mirrored 1996 numbers, the proportion of those revoked to prison from probation supervises in increased; 45% of those placed
on probation in 2005 were revoked, compared to 36% in 1996. This increase represents 25,404 people occupying prison cells,
many of whom could remain under supervision with graduated penalties and consistent enforcement of existing rules.
Reducing revocations will save taxpayer money. The average amount of time spent in Texas prison after probation is
revoked is 4.3 years. Texas taxpayers shelled out $370 million just to imprison all of the probationers who were revoked from
probation in 2005. Texas cannot afford to pay nearly $63,000 dollars each for every person revoked unnecessarily.
Texas should invest in effective solutions,
not new prisons.
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