Tuesday, February 03, 2009

AG: Probationers can travel to other states with judges' approval

Reports the Tyler Morning Telegraph:
The attorney general's opinion, issued Jan. 14, states that the judges have the authority to grant permission to the defendants to travel or relocate out of state and "established common law provides that judges are not liable to civil actions for their judicial acts, and thus, it is likely that courts of other states would recognize the full scope of judicial immunity granted to Texas judges."
See the AG opinion.

13 comments:

sunray's wench said...

Does this have any implication for parolees who wish to travel or relocate out of state, particularly those who apply for the interstate compacts and for whom Texas drags it's feet, looses documents and generally obstructs people returning to their families elswehere?

Anonymous said...

This can't be new. As a felon on probation I have asked my (Bexar County) judge to grant my request to travel out of state 3 times within the past 9 years, I have always been given permission. I don't understand how this is any different.

Steve Henderson said...

Well its about time. Much to do about nothing, but glad my Judges now have something to hang their hat on.

Gritsforbreakfast said...

3:59 - Some judges were claiming they couldn't do it because it would subject them to civil liability for crimes committed in other states. The AG affirmed what, you're right, in most places had been longstanding policy. But it was a bit of a kerfuffle last year among the judicial set.

Sunray, I don't know the answer to that. This was definitely probation-specific.

Anonymous said...

Uhh, are you telling us something we don't already know? Is that another of your typos for which you will have to later arduously defend?

Probationers have ALWAYS been able to travel out of state with the judge's approval.

Get off the crack, Scott.

Gritsforbreakfast said...

No, the AG is telling you something you apparently already know. I'm just passing along his missive. ;)

Anonymous said...

As a probation officer from Bexar, the judges could let the defendants travel to another state for about two weeks with no reason, like vacation. They could move if they have family or a job waiting. If neither than no moving to another state.

Anonymous said...

I'm not an expert Sunray, but I don't think that it would have any implications for parolees. I don't think they fall under judicial authority after they have been sentenced or while on parole.

sunray's wench said...

Thank you 8.36 :)

Anonymous said...

Grits: If I am not mistaken, this opinion was asked for due to the fact that the law did not specifically address misdemeanor offenders and some jurisdictions, due to that fact, were not allowing, until a final determination was received from the Attorney General's Office, those offenders to travel out of the State of Texas. So no, to the person who stated you were on crack, you are not! He/she obviously is just another poster who doesn't know **** from shinola about the criminal justice system.

Anonymous said...

Yes, but the problem is that those other states only "supervise" the probationer. And the probationer is subject to interpretive law based on the conviction. I.E. probationers family lives in another state and approval is received in the other state for a move. However, the new probation department in the new state now imposes their laws on the probationer but holding to the laws of the probationers state of conviction. They have altered the original probation, overruled the original judges orders and now the probationer is victim to not one but TWO states probations. Travelling then falls on INTERSTATE COMMERCE ACT and noone seems to honor or even understand those conditions in full...only in part. And to make it worse - the legislature needs to universally make rules for probationers and parolees that are state to state to avoid those problems and they will understand that "supervising" is simply that - NOT resentencing, altering or adding...JUST SUPERVISING

Anonymous said...

When you are under supervision travel is a privilege......it is understandable that a receiving community may want to impose thier own standards. If the probationer does not want to agree to those he may return to the sending state. The probationer should remember that during the transfer process he agreed to abide by the rules set down by the sending AND the receiving state.

Anonymous said...

GRITS,
The isssue may have been brought up due to SEX OFFENDERS and the recently enacted "ADAM WALSH ACT". I would encourage you to look into that act, as there are much more stringent rules on travel by sex offenders and registration issues! Thought you may be interested.
By the way, JUDGES "DO WHAT THEY WANT".
"Moses"