The Texas Senate Criminal Justice Committee has posted its 115-page Interim Report (pdf) online, which is a written summation of recommendations in response to "interim charges" given to the committee by the Lt. Governor to prepare for major issues where legislation is anticipated. I haven't yet gone through the thing with a fine-tooth comb, but here's a preliminary taste of highlights from the recommendations:
Don't participate in new federal sex offender regimen
The committee recommended against Texas' participation in the federal Adam Walsh Act related to additional restrictions on sex offenders. Mostly the reason is money. The feds punish noncompliant states by reducing their "Byrne" criminal justice block grants by 10%, however, "Retaining the ten percent of federal funding is not adequate incentive because the cost to implement the changes to registries would cost much more than states would lose. In Texas the loss would be $1,404,571, where as the cost is assessed at $38,771,924."
Eliminate or scale back Driver Responsibility program; allow deferred for DWI
The committee declared the need to, "Eliminate or greatly reduce the Driver Responsibility Program surcharges as they relate to DWI convictions. The increasing number of drivers who are unlicensed and uninsured is unacceptable." They also want to eliminate Texas' prohibition on deferred adjudication for DWI.
Reduce causes for driver license revocations
Only maintain requirements for license revocation in Texas statutes required under federal law. Consolidate all those in one statute and eliminate the rest.
Compliance enforcement on indigence defense
A potential sleeper recommendation for the Task Force on Indigent Defense suggests that the state "Enhance TFID's ability to enforce compliance with the Fair Defense Act and track local indigent defense processes by improving data collection and transparency, including reporting on caseloads of appointed counsel and public defenders."
Require new reporting on municipal jails
The committee suggested requiring new reporting from municipal jails to the Texas Commission on Jail Standards which would be public, but did not go so far as to advocate putting them under full-blown TCJS regulation/inspection, etc..
Make crime labs independent
Here's a suggestion that won't happen quickly: "All crime labs should be independent of law enforcement, investigators and prosecutors. DPS should ensure that state crime labs are free from influence from other divisions of DPS."
Charge counties for DPS crime lab services
There's a suggestion that DPS begin charging law enforcement for crime lab services, which would be a big economic blow to smaller agencies: "Inequities exist with state crime labs services being provided free to only half of the citizens and no consideration given to the citizens who support these programs with local funds. State crime lab services should be on a fee recovery basis and legislature mandating such is supported." Presently, DPS provides crime lab services for free, but backlogs are large and most bigger jurisdictions have their own labs paid for by local taxpayers, creating the "inequity" described in the report. Making smaller counties pay for this service makes sense from an equity standpoint, but from their perspective it would be a big unfunded mandate.
Improve TCJS monitoring of mental illness in jails
The committee considered the issue of mentally ill people in jails, but settled on advocating additional reporting requirements through the Commission on Jail Standards. "Due to the limited authority the state has over local jails, the only possible enforcement and monitoring tool is through the TCJS standards. Requiring TCJS to incorporate compliance standards in their routine inspection practices will partially address this situation."
Downsize TYC, merge with juvie probation
The committee advocates that Texas "Continue to downsize TYC and its central office to the appropriate level required for their reduced population," and "Revisit the last session's sunset recommendation to consolidate all Juvenile Justice Agencies into a new Department of Juvenile Justice and reduce the apparent redundancies in the current organization structure." That latter recommendation flies in the face of the Sunset Commission recommendation to keep TYC and the Juvenile Probation Commission separate.
Reduce criminalization of school discipline
I'm a big fan of two of the changes recommended related to school discipline. First, they recommended the Lege "Amend Chapter 37 of the Education code by narrowing the definition for "Disruptive Activities", "Disruption of Classes", "Serious and Persistent Misbehavior" to eliminate non-criminal acts." They also suggested to "Amend Chapter 37 of the Education Code by changing the dangerous or disruptive violation to dangerous and disruptive, In order to insure students are not being removed for simple disruptions to class." Another notable suggestion: "Exempt 18-21 year olds from the truancy laws."
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22 comments:
School discipline should be a school responsibility. LE should be called in only when there is "a clear and present danger" to lives that schools cannot handle. End school to prison pipeline.
Rev. Charles, Tulia
Reverend,
There are a lot of things that should not only be a schools responsibility, but should be a local government responsibility, whether it be city or county.
The question of school discipline in my upbringing in the late 60's and early 70's was never in doubt. Schools imposed discipline reinforced later at home. None of this AEP and the likes which causes more local financial burden on those who financially support local school systems in Texas.
So the question to be asked is how does the state and federal government seem to get involved in local affairs going so far as to tell us what we are going to do, how we are going to do it but don't give us the money to do it with.
The answer is us. We are a stupid, simple people here in Texas to have allowed this to go on for so long. We are a people of wusses.
It is heartening to see that most of these recommendations from the Senate Criminal Justice Committee move in a direction that reflects the available research in the law and society, criminal justice, criminology, sociology and psychology fields. The shift in direction is away from traditional justice system approaches toward more localized community justice and sensible public policies that begin to address the real (vs. the symbolic) issues that underlie crime and problem conduct (by individuals and organizations) within our society.
Hopefully the vocal minority doesn't come out against these decisions. I applaud the state lege for taking a stand against the fed attempting to horn ni on what should be state rights issues, however I do not think it goes far enough.
So programs need to be done away with altogether, but the criminalization train is hard to stop once it gets going so one can only hope that eventually someone will put it on a dead end track one day.
The problem with "downsizing" TYC is while there are still too many useless employees at central office, the units are still suffering from a personnel shortage in key areas.
TYC will always say they are 'short', this, that, something. They always want more money to waste and misuse. Flush the entire pot - Austin and the field criminals and start with fresh people and a new name. Even a painted turd still stinks.
1/05/2011 11:07:00 AM said:
"TYC will always say they are 'short', this, that, something."
You ever spent time lately in the units? I didn't think so. They say they are "short" because they ARE short. Mainly, it's a shortage of educational personnel and special ed services.
And, you can give up on the constant drone of doing away with TYC. It won't happen. It necessarily fills a void. They may change the name, or merge the agency, but it will always be there.
I am once hopeful. My son is on the registry for a consensual relationship. His family is harrassed on a daily basis. His children have no friends and they are tormented at school. This charge is the only time my son has ever been in trouble. I pray that our lawmakers will for once use some common sense. It looks like they may be trying. Thank you Grits for keeping me informed
Everyone wants to keep pushing back to the counties. But the small counties dont have programs for these youth. They may have the money, but it will be interesting to see if what they spend the money on really helps these youth. Only time will tell...
Anonymous 12:14pm I can empathize your thinking, but to support tyc, is to support pedophilia and other forms of state sponsored child abuse. I understand that people don’t know they are deceived because they are deceived. I would recommend some spiritual counseling.
The only reason tyc thinks they are short in the field is because there is not enough staff for one staff to hold jiggers while the other molest a child or some other state property. Rolling up tyc to TDCJ’s future juvenile corrections division would not only do away with the retched tyc, but provide a more cost effective way to warehouse the more hardened juveniles that the county’s just can’t handle. This will divert bad money from tyc to good money used for county diversion programs. The old gladiator farm, Ferguson, would be a good choice for the juvenile correctional facility with room to grow if juvi crime rates sore. Doubtful though. The easiest from a logistical point to just move out the older kids and move in the younger kids, just a matter of bureaucrats shuffling some paperwork. Shuffling inmates is great busy work and no one does it better than our beloved corrections people. And what to do with all those job core pedophiles at tyc stealing tax money, prosecute their ass.
Anonymous 12:25pm The sex offender registry started as a good idea but has become the greatest assault on the Texas citizenry since the republican governor Ed Davis created the Texas State police to harass the civilized white folks during reconstruction. This needs to go away except for the real chester perverts like those employed by the state at tyc.
Sheldon
I think they could just give TYC to TJPC and let the local counties run their own probation/detention without interference from the Juvenile Commission. It is getting to be so onerous with paperwork! TJPC is getting in the way of POs doing real work. Just a thought....probably not popular though.
Am I the only one that senses a smell of dung on this post when TYC is brought up? The only way to get rid of dung smell is to bury it. Let it be written and done.
"I pray that our lawmakers will for once use some common sense."
When it comes to the lege, common sense isn't all that common.
7:47 I know, but as a mom and grandma I can hope that maybe those folks in Austin will pull their heads out and see the daylight. The reigistry is no bueno por nada.
Bottom line is if you want to save a buck merge them, but the long term costs would not pan out, just look at TDCJ.
If they originally said it would take 6 years to see if the new programs are working then move forward with the reforms. After 6 years and they still have not moved forward, then look at alternatives. But I can tell you now the communities do not want the current youth who reside in TYC, if they did they would be there now.
Mom/grandma, the folks in Austin have not pulled their heads out in 100 years. They are the problem. This baby needs to be thrown out with the bathwater.
Sheldon:
You really need to see a professional. Such animosity! I am sorry for what TYC did to you, but 99% of workers at TYC are good people. You always say that they ALL are pedophiles, etc. Get a life, and get better.
A typical response from another abusive TYC employee. Close this monstor. Anyone still working for TYC these-days, is a criminal or idiot.
The secret to de-criminalizing school discipline is to bring back pops/swats. Boy oh boy, the fear of getting 3 from the football coach or one of the asst. principals kept me out of a lot of trouble. Let Mommy or Daddy supervise if they're afraid of their little boy (or girl) getting a sore behind. I got my pops at school, and more when my folks found out.
Geez starts off with the whole state of affairs and ends up with TYC again! There is no disputing that it is a money pit. Mostly going to salaries for Program Supervisors who don't supervise or assist in training or anything else. Takes a concerted effort to just get them to sign the paperwork required of them. LE trainers would call this the SILO effect. No communication between the folks in the big fancy offices in austin and the boots on the ground praying they can make it home safe for just one more day. They continuously doctor their statistics. There is more recividism and gang activity than ever before. The felons there now are out of control and continually bait staff with the fact nothing can be done to them. BUT for the first time in decades some tyc youth are being treated in mental hospitals rather than medicated on the units. This is a step forward.
As a parent with a child in TYC, I'm seeing very little improvements.Staff are not being held accountable for abuse, civil rights still being violated.Staff is still able to lie on 225's, leave them in sercurity longer than they should be there. For normal teenager behavior. Taunt them, provoke them. Abuse stage advancement if caseworker does not like you ect ect....No two kids are alike. One child could be trying to the best of their abilty and still not be satisfying staff caseworker.My son is a non-violant offender with a large file but not one violant offense.But will there be a program out there for him upon release? My County had nothing to offer prior.And no 99% of the staff is not good people. That number is a bit high.One on every shift on every dorm tends to have some type of abusive way about them. And you can't get angry with some of the results and the state of mind tyc can put on a person.Tyc staff tend to say alot to the abused get over it. Somehow a abuser will shift the blame.Like breaking your arm and then calling you a lying cry baby get over it.
So the Sunset panel flips and votes unanimously to merge TYC and TJPC.
It just got more interesting downtown
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