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Texas has the largest probation population in the U.S. due to our long probation terms for nonviolent offenders.
Texas Criminal Justice Policy Council, Biennial Report to the 78 th Texas Legislature,
January 2003.
Texas' probation terms are 67% longer than the national average for all states. Probation
in Texas is difficult to complete successfully because of the 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.
TDCJ asked a team of Texas judges to study the issue of probation conditions and
consistency in enforcement, in response to the 58% increase in probation revocations from
1994 to 2000 for probationers who were sent to prison because they did not follow all of
their probation rules. The team found that probation officers enforce probation conditions
very differently around the state and made recommendations that might seem like common sense:
- Expand use of alternatives to prison through increased state funding for an array of treatment programs.
- Utilize swift, certain, and graduated systems of sanctions, appropriate to the severity and frequency
of the violation, for each and every probation violation.
- Provide judges with information on available sanctions and treatments.
- Institute written probation procedures with recommended responses to probation violations.
- Direct judges to evaluate procedures for dealing with probation violations.
- Conduct additional research on reasons for the increase in technical revocations.
- Distribute information to all judges and probation officers about "what works."
Although it has been several years since the team of judges completed their study, TDCJ
has not fully implemented the team's recommendations and the Texas Legislature has not provided
the requested funding for programs that work.
Probation in Texas can last up to ten years. Extremely long probation terms increase the
chance that probationers will eventually fail to meet their rules of supervision and face a
technical revocation, even if they have made serious long term improvement in their lives. A
person who has successfully completed every probation condition for several years can still be
sent to prison if he or she is late to one monthly meeting or late paying a fee.
The average amount of time spent in Texas prison after probation is revoked is 4.3 years.
Texas taxpayers shell out $470 million just to imprison all of the probationers who were revoked
from probation in 2001.
Early dismissal for successful probationers exists as an option in the law, but is rarely
utilized. The early dismissal option allows a probationer to show the judge that he or she has
successfully completed a certain number of years of probation and request to be released from
probation early. Almost half of those sent to Texas prison with revoked probation have already
successfully completed several years of their probation.
If a person has successfully completed all of the conditions of probation for the period of
time set out in the law for early dismissal, the person should be encouraged to take advantage
of the early dismissal option. This is one component of "what works" -- use of incentives and
other motivational tools to reward success. The individual will have earned his or her freedom,
Texas will be investing in "what works", taxpayers can save the cost of incarcerating a person
who may violate a technical condition of probation after already having been successful for years.
Plus, the probation officer can close the case and focus on probationers who require more attention.
Probation officers in Texas carry an average of 150 cases each - twice as many as professionals
recommend. Due to these unreasonably large caseloads, probation officers frequently fail to respond
when a probationer has a problem and are not able to adequately supervise those who need it the most.
If Texas would shorten its maximum probation terms to be more in line with the rest of the country,
we could release people from probation after they have successfully made serious long-term change
in their lives. Then our probation officers could carry fewer cases at a time. Our system would
become stronger and more responsive to those probationers who require more personal attention in
order to succeed.
Texas' long probation terms and failure to grant early dismissal to those who have earned it
make our probation system weak. We should make our probation system more effective by assuring
that we have the right people under supervision.
Adapted from the Texas LULAC Criminal Justice Policy Brief, 2004.
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