tag:blogger.com,1999:blog-8597101.post117380101692891741..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Despite Texas prison overcrowding, Criminal Jurisprudence keeps hearing enhancementsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-8597101.post-78178426390897179562008-02-15T07:49:00.000-06:002008-02-15T07:49:00.000-06:00lindad, fyi the cost is actually about $16,000 per...lindad, fyi the cost is actually about $16,000 per year, and that's likely substantially understated for various reasons. So a 15 year minimum gets you to a quarter of a million (present day) dollars per inmate.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-46764185251942244122007-03-15T11:57:00.000-05:002007-03-15T11:57:00.000-05:00It should not require the budget office to do the ...It should not require the budget office to do the math on enhancement bills. The sponsors of these bills know full well. If you take simply the 'cause de jour' Jessica's Law which can garner such frenzy and political points:<BR/>approx. 10,000 sex offenses tried in Texas every year (none that I have heard of that fit the criteria of the horrendous crime that Jessica's Law seeks to prevent).<BR/>Now each of these would be sentenced to 15-25 years minimum.<BR/>Year one: 10,000 total<BR/>Year two: 20,000 total<BR/>Year three 30,000 total and so on for the length of (say) 20 years. By year 20, the number would remain constant, fueled by the new 10,000 to replace the outgoing Year one offenders: 200,000 prisoners on this offense alone. <BR/>I have read Grits posts on the hope that monetary sense would prevail in the Senate committee to stop enhancement abuse. However, Ogden has himself a bill that would deny any parole of any offender who is required to register as a SO, for any reason. Where is the sanity, when we don't even want life without parole for capital murder?<BR/>Now apply the same criteria to the administrators of the TYC. Are we really saying that we will sentence state officers to life without parole for these repeated offenses? How about the death penalty provisions for second offenses? If not, why others?<BR/>The Legislature can so easily pass a mess and run away for two years. Dewhurst and Abbott however, owe it to the citizens of Texas to be honest and stand up to the media frenzy, not aiding and abetting. Bad law is not better than no law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173834811000605882007-03-13T21:13:00.000-05:002007-03-13T21:13:00.000-05:00one more comment about hb1480...WHO do they report...one more comment about hb1480...WHO do they report the info to? the sheriff/police dept? those folks are overworked already, they don't need all the so's calling in every day reporting what websites they are going to that day. get real.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173834426781253912007-03-13T21:07:00.000-05:002007-03-13T21:07:00.000-05:00who is this castro guy? is he serious? having so'...who is this castro guy? is he serious? having so's report the urls they plan to visit? huh? what happens when he/she hits a website and it sends 'em to another website? oops! does that mean they're in violation? c'mon, get serious! how silly can these redneck legislators get? and how are they going to enforce it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173829829866538602007-03-13T19:50:00.000-05:002007-03-13T19:50:00.000-05:00Please don't put more people in prison for longer ...Please don't put more people in prison for longer terms. We can't afford the prisoners we have. How long will it be before we have so many laws that everything is illegal in Texas!<BR/><BR/>Oh my God, did I just spit on the sidewalk? Spit'n on the sidewalk is probably a state jail felony now.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173813478192194392007-03-13T15:17:00.000-05:002007-03-13T15:17:00.000-05:00Most of the folks subject to "enhancement" started...Most of the folks subject to "enhancement" started their careers as misdemeanor offenders. Those of us who work with that level have long been frustrated that we have no facilities for treatment. Our answer to those who want it is that they need to commit a felony, then assistance is available.<BR/><BR/>If you want to get a grip on the problem, start on the bottom - with juvies and misdemeanors. Those are the folks with whom you will see the greatest impact per dollar spent. Of course, neither is "glamorous", so neither is funded..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173810333487275252007-03-13T14:25:00.000-05:002007-03-13T14:25:00.000-05:00My husband worked as an LCDC in aftercare, then ra...My husband worked as an LCDC in aftercare, then ran a womens residential facility, and now is a parole officer. As good as HB 403 sounds, there are not enough facilities to provide 5 months of residential treatment to anyone, much less thousands of parolees, and few people will build any since the state pays only $30/day for their care.<BR/>When Ann Richards began the Substance Abuse Treatment program in prison there were numerous aftercare facilities. Most have long since shuttered their doors, since the R's cut the program down several years ago. Now no one will trust the state enough that they will be willing to risk borrowing the kind of money it will take to open enough treatment centers, since the next round of budget cuts may shut everything down.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173809869519003532007-03-13T14:17:00.000-05:002007-03-13T14:17:00.000-05:00And HB 628 means, even if I invoke "the Rule" to k...And HB 628 means, even if I invoke "the Rule" to keep witnesses out of the courtroom, the lead officer will get to sit at the prosecution table and direct the show/orchestrate testimony? I can't even begin to describe how bad that would be...Mike Howardhttps://www.blogger.com/profile/18111524970633256292noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173809803762838582007-03-13T14:16:00.000-05:002007-03-13T14:16:00.000-05:00On HB 312, I like it's chances. I see no reason it...On HB 312, I like it's chances. I see no reason it wouldn't get out of committee, and Turner should have the leverage in Calendars to get a floor vote. Of course, the odds are stacked against virtually every piece of legislation - it's a lot easier to kill a bill than to pass it - but with the push for reducing revocations for technical violations, I think it's got a good shot.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173809516289864462007-03-13T14:11:00.000-05:002007-03-13T14:11:00.000-05:00HB 312 - what are it's chances of passing? That w...HB 312 - what are it's chances of passing? That would be a great idea. I'd love to see the State have to prove that a defendant actually could've paid but didn't. Lots of judges will disregard it if passed, but some would heed the change and that would be big.Mike Howardhttps://www.blogger.com/profile/18111524970633256292noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173804456252463722007-03-13T12:47:00.000-05:002007-03-13T12:47:00.000-05:00Now that we've got all that straight. Wasn't the ...Now that we've got all that straight. Wasn't the point that the legislators should look long and hard at enhancements that make for long prison terms and figure out how to pay for them before voting?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173804276482095822007-03-13T12:44:00.000-05:002007-03-13T12:44:00.000-05:00Now I see the problem, item (7) about a child does...Now I see the problem, item (7) about a child doesn't have anything to do with the added item (13) which is about Section 37.10Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173804167706045232007-03-13T12:42:00.000-05:002007-03-13T12:42:00.000-05:00Good catch - the second anonymous rightly identifi...Good catch - the second anonymous rightly identifies the section I misread as narrowing this bill to children. I've corrected it in the main text. Thanks.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173803833333616442007-03-13T12:37:00.000-05:002007-03-13T12:37:00.000-05:00Here is the "child" extract.(7) any offense under...Here is the "child" extract.<BR/><BR/>(7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;<BR/>(8) any felony offense under Chapter 32;<BR/>(9) any offense under Chapter 36;<BR/>(10) any offense under Chapter 34 or 35;<BR/>(11) any offense under Section 37.11(a); [or]<BR/>(12) any offense under Chapter 20A; or<BR/>(13) any offense under Section 37.10.<BR/><BR/>As far as I can tell, anyone under 18 is a child.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1173802930679410112007-03-13T12:22:00.000-05:002007-03-13T12:22:00.000-05:00I would really suggest you actually read the bills...I would really suggest you actually read the bills you post about. HB 126 has nothing in it about enhancing penalties if the victim is a child.Anonymousnoreply@blogger.com