tag:blogger.com,1999:blog-8597101.post4070897407065797117..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Pretrial detention, unnecessary incarceration driving Texas jail overcrowdingGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-8597101.post-72602466160984377182014-08-27T12:14:12.773-05:002014-08-27T12:14:12.773-05:00Mr. W. W Woodward, of those arrested while on adul...Mr. W. W Woodward, of those arrested while on adult probation on new unrelated charges,<br /><br />*what percentage did you witness being advised to take the plea despite a Guilty or Not jury verdict - based on their probation being revoked at the time of arrest? Yes, it's a lie and the easiest method to pull off being a Fake CDL. I took the bait in 84. Thanks.Thomas R. Griffithhttp://www.projectnotguilty.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38580987394312482472010-01-05T01:48:48.025-06:002010-01-05T01:48:48.025-06:00So where are the stats on the INFAMOUS Williamson ...So where are the stats on the INFAMOUS Williamson County? Is there a pre-trial intervention system available there? What are the numbers? How many low-level kid criminals are sitting in that "HoosKow." It has to be a ton...based on reputation alone. <br /><br />The harshest judges, the harshest system...the ZERO sympathy zone.<br /><br />What say you?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-13353631328906778332008-02-12T06:39:00.000-06:002008-02-12T06:39:00.000-06:00WWW, if your experience with that is from the '80...WWW, if your experience with that is from the '80s, then it's worth mentioning that the portion of jail inmates awaiting trial statewide has gone up a lot since then. I don't have figures that far back, but in 1995 it was 30% statewide, now it's 53%.<BR/><BR/>On repeaters, the "thinking error," as the TYC counselors would say, is that pretrial detention is helping the problem. If someone is arrested 14 times in a year, it's because the SENTENCES being imposed aren't either incarcerating him for significant lengths of time nor discouraging misbehavior. <BR/><BR/>It's harder for that guy to live out in the world than it is to sit in jail - why give him the "easier" punishment that's more expensive and less effective for the rest of us? That approach doesn't make sense to me. That's exactly the type of offender who benefits from stronger probation in a special sanctions/drug court setting. best,Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-48642484493460770342008-02-11T12:56:00.000-06:002008-02-11T12:56:00.000-06:00Jail overcrowding in small county jails due to pre...Jail overcrowding in small county jails due to pretrial detainees - Some things to think about:<BR/><BR/>A number of the pretrial inmates are repeaters. The jailers in my county refer to them as “frequent fliers”. The community, the police, and the court are sick of dealing with them. An example - When I was sheriff, I had a young man who was booked into my jail 14 times in a single year, usually for drunkenness, domestic abuse, DWI, theft, and other non-felony offenses (this was back in the 80s before enhancement of repeated domestic abuse convictions). Believe it or not when he wasn’t in my jail he was in one of the adjoining counties’ jails for committing like offenses. Members of the criminal justice system in at least three counties knew him and his family members by first name. He and his family was living on the dole and he couldn’t, or wouldn’t, make bond if it was $0.50. Granted, he was an extreme case but there were and still are “frequent fliers” who just will not stay out of jail. These people actually invite arrest and incarceration. I’m sure that other sheriffs, small town police, county attorneys, and county judges can relate stories of similar individuals in their respective communities. <BR/><BR/>The community (read voters) expects violators to be locked up and doesn’t want to see them bonded out and walking the streets a couple of days after the offense (I believe it’s a righteous revenge thing). “By Gawd, that S.O.B. did whatever he did and should be locked up and here he is walking the street. The police and the courts aren’t doin’ their jobs if they can’t keep him in jail!” “Unless - of course - the defendant is me or one of mine.” For the most part the general public doesn’t know or care about the right of a defendant to bond, they just see him on the street when he “should still be in jail”.<BR/><BR/>Many county judges are not lawyers and see criminal cases merely as a necessary evil that’s just attached to their more important elected duties. They realize that when they find a local taxpayer guilty of an offense and sentence him to whatever the Penal Code dictates for the offense, they are running a high risk of losing the votes of not only the offender but his family and friends. In my county the criminal court is usually in session only one day per week. The county attorney pro tem ( out of Lubbock 60 miles to the west ) usually only shows up once a week to go over cases. The backlog of county court misdemeanor cases is probably around 300(+) for a county with a population of about 3,000. Usually, once every five years or so the appointed county attorney pro tem gets so overwhelmed and exasperated he quits and a new attorney pro tem is appointed. The new attorney sees the sunami of backlogged cases bearing down upon him and moves to wholesale dismiss all of them and start over. The motion is granted and the cycle starts over again because police, highway patrol troopers, and deputies are out there arresting violators and bringing them to jail . BTW - One of the best methods in my county to “beat the rap” is to enter a plea of “not guilty”, insist upon a jury trial, and then make bond. Your case will very probably never see the courtroom and will be dismissed when the new county attorney pro tem is appointed. You’ll be a guest of the county ( pretrial detainee ) for anywhere from a few days to a couple of weeks until the paperwork is sorted out and you are bonded or released on personal recognizance but you won’t have a conviction on your record. Meanwhile, the public sees “absolutely nothing” happening in the court system ( see above paragraph). <BR/><BR/>Well, that’s enough of that rant. There are other factors involved in why pretrial detainees are a high percentage of country jail occupants but it’s time for me to climb down off my soapbox.W W Woodwardhttps://www.blogger.com/profile/13326046112820327760noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-14711090331977781792008-02-10T00:36:00.000-06:002008-02-10T00:36:00.000-06:00Why not make more use of ELM or work release. If a...Why not make more use of ELM or work release. If a guy has a job<BR/>- help him keep it. Are the work release beds full across the state?? If so, get more? Big problem is the Judges, DA's and Defense are all slow and self serving. I think someone needs to pick two or three courts and get in there and examine these cases on a one by one basis and the water will clear.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-89446967629184826702008-02-09T12:14:00.000-06:002008-02-09T12:14:00.000-06:00Whoever is the criminal judge is the shortest dist...Whoever is the criminal judge is the shortest distance between two points. In bigger counties with more judges, there's more politicking involved.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-14818990512008274392008-02-09T12:02:00.000-06:002008-02-09T12:02:00.000-06:00Scott: In my county the county judge is the crimi...Scott: In my county the county judge is the criminal judge. I would think maybe the county attorney would also be a person to approach about the pre-trial detention. Also, you say the sheriff is one to approach. Can the sheriff have a say as to whether someone is released on a PR bond? BTW, the county judge is not a lawyer, and he pretty much takes what the county attorney says. Hadn't thought about the commissioners, though you are right in that they would probably be the primary ones concerned about saving money.Donhttps://www.blogger.com/profile/16902834245861000386noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-84098785679236814752008-02-09T11:20:00.000-06:002008-02-09T11:20:00.000-06:00jsn: the report has a separate category for parol...jsn: the report has a separate category for parole violators, not included in the pretrial/convicted columnsDonhttps://www.blogger.com/profile/16902834245861000386noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-45726983789793856752008-02-09T08:14:00.000-06:002008-02-09T08:14:00.000-06:00JSN, the categories are "pretrial" and "convicted,...JSN, the categories are "pretrial" and "convicted," so I think the probation revocees would be under "convicted."<BR/><BR/>The deal about the crime labs is a problem everywhere in the state I didn't have time to talk about in SA, but it's especially true in drug cases where there's a big backlog at DPS.<BR/><BR/>Using jail as an intermediate sanction is euphemistically called "jail therapy." Part of the shift toward progressive sanctions has been to do things like Tyler's Alternative Incarceration Center, where they're required to report more often until they get a job, etc., and stabilize their life. While somebody's in jail their life's on standstill, whereas at the end of the day the goal is to transform the person into a productive citizen through a system of carrots and sticks. My view, anyway, FWIW. best,Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-63332730924223161192008-02-09T07:58:00.000-06:002008-02-09T07:58:00.000-06:00Are they all pretrial detainees held on a new char...Are they all pretrial detainees held on a new charge or is a mixture of pretrial and some type of noncompliance (parole/probation violation, failure to appear/pay, contempt or a violation of a non-contact order)? I estimate that about half of our so-called pretrial detainees are held for noncompliance. <BR/><BR/>In our county community based correction will use 30 days in jail as an intermediate sanction for parole/probation violators instead of revoking them and sending them to prison. The state pays for the parole violators and in some cases they pay for the probation violators. The judicious used of a week or a month in jail for contempt can result in a reduction in jail population once the word spreads (Johnny will behave if you hit the kid next to him). <BR/><BR/>Our crime lab is overloaded and it can take weeks or months to get a final report from them. In some types of felony cases that can be a major source of delay because neither the prosecution or the defense can do much without that report. We are short a couple of judges because we have no place to put them. We are also short on attorneys and for public defenders we often have problems with conflict-of-interest. It can take an inordinate amount of time to complete a pre-sentence investigation so we have both pretrial and post-trial (not as many) detainees.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-62348116691002064452008-02-09T05:53:00.000-06:002008-02-09T05:53:00.000-06:00Thanks, Leviathan, I made the correction in the te...Thanks, Leviathan, I made the correction in the text.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31521516940125657892008-02-09T01:40:00.000-06:002008-02-09T01:40:00.000-06:00Uh, Scott . . . Smith County doesn't need to creat...Uh, Scott . . . Smith County doesn't need to create a pretrial services department. As much as County officials have tried periodically to gut it, Smith County has had one for several years. It's just been politically unpopular with county officials and the bondsmen who support them.<BR/><BR/>http://www.smith-county.com/PreTrial/PreTrialHome.htmThomas Hobbeshttps://www.blogger.com/profile/10832779920216463979noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-16137006685954702412008-02-08T20:23:00.000-06:002008-02-08T20:23:00.000-06:00Grits, on Bexar County not giving tickets for DWLI...Grits, on Bexar County not giving tickets for DWLI and POM. I can not understand this? Those chargers will get probation and if you violate probation on DWLI the judges only give the defendants 15 days which turns to 5 days. So why not give the tickets out- what kind of logic is it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79120556651065603302008-02-08T18:26:00.000-06:002008-02-08T18:26:00.000-06:00Don, you're 100% on the right track. My suggestion...Don, you're 100% on the right track. My suggestion: Start by talking to eight people in this order face to face, plus anyone else these people suggest: The court administrator, the sheriff, the DA, the county judge, and the four commissioners. Wanna go the extra mile, make a phone call to each of your criminal judges.<BR/><BR/>In a small county like that, they could hire 1 person to be a pretrial services person, <A HREF="http://gritsforbreakfast.blogspot.com/2005/11/pretrial-diversion-erath-countys.html" REL="nofollow">as they did in Erath County</A>, and save loads of money. <BR/><BR/>Let us know how it turns out! <BR/><BR/>BTW, this is model reader behavior, people. You can take the same data and advice and make the same case in you own county. Go forth and raise hell! best,Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40176748740072287762008-02-08T16:53:00.000-06:002008-02-08T16:53:00.000-06:00Stir away! Just remember, jail provides leverage ...Stir away! Just remember, jail provides leverage for the DA to obtain plea bargains and save court/trial time.<BR/><BR/>I don't think this is a good trade off financially but be warned.<BR/><BR/>Criminal justice is about the crime, not about justice.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31768237222053164782008-02-08T16:36:00.000-06:002008-02-08T16:36:00.000-06:00Thanks for the link to the population report. I bo...Thanks for the link to the population report. I bookmarked the site. Now. I live in Levelland, Hockley County. They are not clamoring for a new jail yet, but they are at 100% capacity, so it is only a matter of time. Out of 63 detainees, 43 of them are pretrial, or almost 70%<BR/>26 of the pre trials are misdemeanants. If we could let half of those out, it would save $700 a day. Should somebody be asking some questions about this high percentage of pre trials? Unless I am missing something, I'll start asking questions. For some reason, I live in a complacent, apathetic town, but I love to stir s**t up. Any input?Donhttps://www.blogger.com/profile/16902834245861000386noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-80467197794947506752008-02-08T12:36:00.000-06:002008-02-08T12:36:00.000-06:00This is one of my favorite reports:http://www.tcjs...This is one of my favorite reports:<BR/><BR/>http://www.tcjs.state.tx.us/docs/incar.pdf<BR/><BR/>Incarceration rate by county. Mine is right up near the top, as always. <BR/><BR/>I'd like to give a special shout out to the county commissioners, county judge, district attorney, district judge, and the assorted other magistrates who set an unreasonably high bail for misdemeanors. Thanks for wasting those tax dollars folks. For the price of 40 pre-trial misdemeanors in jail (which is less than half of what it's been in recent months), we could hire a dozen new deputies to work the streets.<BR/><BR/>Jackasses.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-10644537903480404722008-02-08T11:26:00.000-06:002008-02-08T11:26:00.000-06:00Don, the monthly report is here To calculate those...Don, the monthly report is <A HREF="http://www.tcjs.state.tx.us/docs/abrerpt.pdf" REL="nofollow">here</A> To calculate those ratios, add the columns for pretrial misdemeanors, pretrial state jail felons and pretrial felons, and divide by the jail population (NOT capacity). If a county's pretrial numbers are above 50%, IMO, they have no business asking to build more jail beds.<BR/><BR/>BTW, TCJS puts the new report at that link each month, so when you calculate data it's always good to either print it out or date and cite it, because they remove the historical ones.<BR/><BR/>I wish TCJS would just put all the historical monthly data online, but they're understaffed for that kind of thing.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-26149168285237781272008-02-08T11:16:00.000-06:002008-02-08T11:16:00.000-06:00How can I get the information on % of pre-trial de...How can I get the information on % of pre-trial defendants in jail in my community? Must I file a public information request? Or how?Donhttps://www.blogger.com/profile/16902834245861000386noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-39821701728165353852008-02-08T10:30:00.000-06:002008-02-08T10:30:00.000-06:00My experience is that in smaller counties the perc...My experience is that in smaller counties the percentage of pre-trial misdemeanors is even bigger. It would take forever to verify with every county, but I know of several where at times misdemeanors make up almost 50% of their population.<BR/><BR/>Crazy.Anonymousnoreply@blogger.com