tag:blogger.com,1999:blog-8597101.post7730081110474215063..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Technical revocations still awfully high after much-vaunted probation reformsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger49125tag:blogger.com,1999:blog-8597101.post-45442641098364716882012-08-02T19:00:53.589-05:002012-08-02T19:00:53.589-05:00I was released on parole after serving 9 years and...I was released on parole after serving 9 years and 9 months of a ten year sentence, and have 10 days to go left on the 3 months. If my parole is revoked, do I have to serve the full 3months or just the 10 days left?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25441629227359445182011-11-26T00:53:58.919-06:002011-11-26T00:53:58.919-06:00Many revocations for tech violations are because i...Many revocations for tech violations are because it's quicker and easier to prove the technical violation to the judge than it is to go through all the motions of a trial on a new offense.argumentative essay writinghttp://www.online-essays-help.co.uk/essay-writing/argumentative-essays.htmnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-48868259776144942462011-02-15T20:26:14.109-06:002011-02-15T20:26:14.109-06:00Bexar County has had to make haste hastily and wit...Bexar County has had to make haste hastily and with success. The new Administration has done more in the last year than the previous Administration ever did in five. That ship is on course. A rough one for sure, but still on course. Officers are being retrained in their practices. Revocation rates are going down and graduated sanctions are being utilized. <br /><br />Hopefully, the new top dogs will hold their management as accountable as their subordinates and clienteleAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51720564473326513502011-02-11T12:13:19.231-06:002011-02-11T12:13:19.231-06:00What is a TECHINAL violation and how should it wor...What is a TECHINAL violation and how should it work. I was not at the time familiar with the Texas Judicial System. I received a deferred adjudication sentence. This was to be 450 hours of community service along with fines and fees adding up to $375.00 a month. The fees were for various programs and had nothing to do with my crime. I was picked up at the PO for not paying my fees. I had paid the fees but had paid $12.00 to one and $35.00 to another which shorted one and the other over. This resulted in spending 3 days in jail until I had a court date at which time I was released when the court saw the discrepancy. My PO never ask why, he left the room and two plain clothes officers came in and arrested me. My second violation was on a positive drug screen. The day I went to be tested I gave the PO a note from my Dr. stating that I had received IV Narcotic drugs (the night before)in the emergency room for a kidney stone. The next monthly meeting I was again arrested for a dirty UA despite the medical record was in my file. This time it was 6 days in jail until I went before the judge. I had to point out where in the file the records where. I was released that day. I found out that with the judge I had she ran the probationers in her court not the probation department. My PO was someone who simply filled in the blanks every month, he even told me he had no control over what a revocation was. The files with all violation of any kind were sent to the judge each month she made the decision. I think if the PO department was allowed to do its job in Harris county things might be a little different.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-70415639517049970692011-02-11T08:14:43.949-06:002011-02-11T08:14:43.949-06:00All good points but they need to pull out tech vio...All good points but they need to pull out tech violations that were used instead of filing a new case. Many revocations for tech violations are because it's quicker and easier to prove the technical violation to the judge than it is to go through all the motions of a trial on a new offense. <br />Most DAs don't really know much more about a case than the cause number, judges even less...unless the victim is a voter!<br />Experienced probation officers should have much more f a role in the entire process.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-34820542670412566042011-02-08T11:25:01.950-06:002011-02-08T11:25:01.950-06:00"The PO is not diverting? It's a tug-of-w..."The PO is not diverting? It's a tug-of-war. The PO tries to encourage the released felon to change his habits and the felon is often not willing to consider that."<br /><br />I am sorry, but I must call bullshit on this. The one and ONLY goal for a probation officer is to ensure the person is in compliance and if not they setup paperwork for the judge to revoke. Please don't hand out the PO is a good old boy/girl nonsense, we know better.<br /><br />be that as it may though, the only sure way for a probationer to avoid the big house is to keep their own noses clean, or else the above mentioned PO will happily shoot your butt off to Huntsville.<br /><br />One aspect of Probation that those on it never take time to learn is that your rules are different than the average citizen for a set number of years. The judge gives you a road map to follow of all the do's and don't while on probation. Read the stipulations, learn them by heart, keep a copy on you or in the car, and live each day specifically by what is written. If you do that, you will NEVER be revoked.<br /><br />I've been on probation before, for a total of 7 years. One thing impressed upon me by the judge at the time was, if you so much as forget the . at the end of that stipulation I will revoke you. And with a hearty, Never let me see you in my court again, I promptly began what I thought was the worst years of my life.<br /><br />However those years would have been alot worse in prison.<br /><br />So things I learned from others failings. <br /><br />1 'sip' of alcohol is still drinking, and will get you revoked.<br /><br />No one 'visits' a friend that is smoking, and doesn't toke.<br /><br />When you cannot go 200 feet from somewhere due to a stipulation, that means 200 feet, NOT 199 feet.<br /><br />Staying employed CAN be picking up cans on the road if you are without full time employment if that is all you've got.<br /><br />Taking Responsibility is a full time job, and not something you practice only while at the PO's office or in Therapy.<br /><br />Your wife/husband/mother/father are not at fault for your crime; You are completely to blame for your past actions. There are no mitigating facts if you enjoy your freedom.<br /><br />The PO is not your friend, they are actually wanting you to fail. They are not doing their job unless you do fail. If you live life by the rules given you, you are in essence telling the legal system and the PO to kiss your ass.<br /><br />learned a lot more too, but the last one I learned is:<br /><br />Put your faith in no one but yourself; Everyday the guy you thought was perfect was actually lying to everyone.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-81211739278493655032011-02-04T23:00:57.418-06:002011-02-04T23:00:57.418-06:00TDCJ BY A LONG SHOT!!!!TDCJ BY A LONG SHOT!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-88256257216499820962011-02-04T22:17:50.203-06:002011-02-04T22:17:50.203-06:00TCJD is criminals supervising thugs. Who are the w...TCJD is criminals supervising thugs. Who are the worst? Close the units and do away with the inmates.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-29251294097977527482011-02-04T21:13:54.945-06:002011-02-04T21:13:54.945-06:00Rizzie Owens will figure out a way to save the day...Rizzie Owens will figure out a way to save the day and of course her high paying job and pay raise. Why do we even need Parole? The parole board does not release anyone; however, they will do anything to save their kick backs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-4842565867495959292011-02-04T13:57:06.720-06:002011-02-04T13:57:06.720-06:00Our prison for profits aka TDCJ is set up for when...Our prison for profits aka TDCJ is set up for when one bed is empty another body has to be placed in it. So probation and parole is just another tool to keep the prisons full and the top TDCJ cronies in those high paying jobs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-81397784839097550692011-02-04T13:15:31.831-06:002011-02-04T13:15:31.831-06:00The problem is, in light of the massive "cuts...The problem is, in light of the massive "cuts" CSCDs are currently facing, which will eradicate most treatment options, at least on a local level, how can revocations do anything but increase? To cut this level of funding from a CSCD and then ask that the revocations decline is ridiculous.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-608482367189523202011-02-03T16:37:18.375-06:002011-02-03T16:37:18.375-06:00Wish some of you would stop whining about PO's...Wish some of you would stop whining about PO's losing their jobs. CACD's were not established as jobs programs.<br /><br />Secondly, the state pays juvenile probation certain amounts of money not to send kids to TYC. Could a program like that help out CSCD's?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-47985115860914957662011-02-03T09:10:15.391-06:002011-02-03T09:10:15.391-06:00"Most people can afford $60 per month."
..."Most people can afford $60 per month."<br /><br />Tack on programming, classes, ignition interlocks, SCRAM, GPS monitors, etc., and the cost gets a lot higher than that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-83383998025397927872011-02-03T09:01:19.817-06:002011-02-03T09:01:19.817-06:00I agree with you, 8:15, great comments everybody!I agree with you, 8:15, great comments everybody!Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25896894433470523032011-02-03T08:47:23.445-06:002011-02-03T08:47:23.445-06:00Punish the Judiciary. The lege should talk about ...Punish the Judiciary. The lege should talk about taking away their funding for filling up prisons with technical violators. <br /><br />Punish the District Attorney's Offices. The lege should talk about taking away their funding for filling up prisons with technical violators. <br /><br />Those are the governmental entities who also play a part in the revocation, a much larger part than a CSCD.<br /><br />People need to get their head out of the sand (for example, legislators) and admit the CSCD isn't the sole responsibility for prisoners who are in prison because they violated the terms of probation for a technical.<br /><br />Regarding absconders. If a probationer runs away from probation and never reports for an extended period of time, but that person does not commit a law vioaltion while on the run, that person ought to remain on probation with some sort of sanction. Even if a law violation was committed, depending on what type of violation, that person still should remain under supervision. Like it or not, communty suppervision really hasn't been attempted with such an individual.<br /><br />Too often I hear the defendant would rather just do his time. Well, the defendant would also just rather break into your house, share a needle with someone, sell dope to High School kids, drive intoxicated, etc. <br /><br />Allowing the defendant to do his time because that is what he wants to do is part of the problem. Why does the defendant get to keep doing what he wants to do. Is he in charge? I thought the Court was in charge. How is that Public Safety?<br /><br />Putting him on probation and working with him within a continuum of sanctions will cause the defendant to reevaluate his lifestyle, at leasst that is the idea. In the Courtroom, the DA, the defense and the Court are giving up, not the CSCD. Because they give up, the community is not safer, public safety is effected negatively, but no one will admit it.<br /><br />Don't keep the defendant comfortable with a lifestyle of crime. Teach him to not hurt others so they feel safe in the their home, teach him not to escape reality with a drug addiction so others won't die from poor choices. Teach him how to remain sober so he doesn't operate a vehicle putting all of us in danger.<br /><br />If the defendant harms someone, put him in prison. By harm, I'm talking serious assault, repeated burglary, predatory actions toward children and women.<br /><br />Most pprobationers are going to the same Church as the PO, the same grocery store as the PO, the same movie theatre as the PO, the same restaurant as the PO. In all actuality, most of them are our siiblings, parents, sibling's spouses, etc. Remember the 1 in 12 study by PEW.<br /><br />It is that one percent that need to be put in prison. However, try saying all of that in a Courtroom. Try having someone listen to all that, you would get cut off and be told you are a liberal fool and the probationer has had enough chances. Lock him up.<br /><br />The CSCD has a responsibility to educate the Judiciary about how probation really works. That's difficult because the Judiciary can be somewhat omnipotnet at times.<br /> <br /><br />Althoough I hate passing the cost of business on to the consumer, don't reduce probation fees as a matter of statute. CSCDS should consider reduction of fees if it is determined it is in the best interest of the defendant based on documented evidence of the inabilty to pay such as copies of check stubs, utility bills, etc. Just like all decisions should be made in the best interest of the defenant while taking into consideration public safety.<br /><br />Presently, the probation fee makes up anywhere from 40%-75% of CSCDs budgets. Talk about a cut in funding if the fee was reduced.<br /><br /> <br />Most people can afford $60 per month. If a person buys one 16 oz. coke per day, that equates to about $45.00.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25741845471176649352011-02-03T08:15:02.571-06:002011-02-03T08:15:02.571-06:00I want to applaud all the persons who posted regar...I want to applaud all the persons who posted regarding this topic Scott. One of the more civil, thoughtful, and valuable discussions I have followed on your blog from people with expertise, and obviously who care about the system the the outcomes of the offenders they work with.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-18433168479458069802011-02-03T07:38:52.380-06:002011-02-03T07:38:52.380-06:00A few observations about the data and information ...A few observations about the data and information offered. <br />First, CSCD's do not revoke probation, rather judges revoke probation. CSCD's report non-compliance to the courts and some CSCD's have the ability to recommend alternatives to incarceration, but judges are the final and sole decision makers on placement in alternatives and the revocation of probation.<br />CSCD's may not have much discretion in the use of diversion programs without the court officially modifying the terms and conditions of probation in a formal proceeding. Most likely in such cases the CSCD has the defendant's case docketed before the court for technical violations and then the supervision plan can be reviewed and modified accordingly. Diversion programs are very limited despite funding from the state and some probationers may not qualify for services within the specific program available, so what options does the court and CSCD have regarding alternative progams? Sadly, few if any options may be available. <br />Finally, there has been a growing attitude among defendants at initial sentencing, defendants appearing before the court for revocation proceedings, and among overworked probation officers that jail and/or prison is the easier option for the defendant. Defendants do not want to have to do everything required and expected while on probation so they just take the time offered and move on with their lives, and probation officers have limited time to assist uninterested, chronic violators so PO's move to have those cases removed from their caseload through technical revocation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67801200611895225542011-02-03T07:22:49.849-06:002011-02-03T07:22:49.849-06:00@9:20, let me know when you'll be in Austin an...@9:20, let me know when you'll be in Austin and I'd be happy to visit with you about Bexar probation, which as you may know I've <a href="http://www.google.com/search?source=ig&hl=en&rlz=&=&q=site%3Agritsforbreakfast.blogspot.com&btnG=Google+Search&aq=f&oq=#sclient=psy&hl=en&safe=off&source=hp&q=Bexar+probation+site:gritsforbreakfast.blogspot.com&aq=f&aqi=&aql=&oq=&pbx=1&fp=2dcb6979649afcb0" rel="nofollow">episodically covered on Grits</a> over the years. Most of my informants at Bexar CSCD were run off under the last administrator, so I'd love to hear how things are going under the new management. I agree with Steve that Bexar's turnaround in the last year with their first-ever revocation reduction can likely be attributed to different management. I wonder if you'd concur?Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-14845367827874904012011-02-03T06:44:22.745-06:002011-02-03T06:44:22.745-06:0010:39 writes: "The solution is to have other ...10:39 writes: "The solution is to have other government entities be punished for the technical violation revocations."<br /><br />Which ones? And how would you do it, as a practical matter? That's not a rhetorical question or a joke, I'd really like to know. I'm open to good ideas; what I'm not open to is saying it's too complex so just leave the status quo for counties trending the wrong direction. Other counties changed and they can too.<br /><br />Again, I get that it's a complex system with many actors and lots of moving parts. I also know that the CSCD doesn't make the decisions. But there are only so many tools in the legislative toolbox, and I continue to think that if Collin and the smaller, recalcitrant counties lost grant funds, the CSCD's issues would quickly rise up local decisionmakers' priority lists. I agree that right now "the Judge isn't putting the interest of the CSCD at the forefront of decision making," so maybe dumping this big budgetary turd in their lap will alter their priorities. It's worth a shot, Collin's probation revocations have nearly doubled since they began taking diversion funding, it's not like the state loses much from their nonparticipation.<br /><br />Tangentially, I've always suspected just reducing probation fees would reduce revocation rates and also the number who choose incarceration. Probation can be so onerous for poor people (especially those with transportation troubles) that often it makes incarceration look easy by comparison. It would cost the state some to make up the difference for basic probation if fees were lowered, but expanding incarceration is a LOT more expensive by comparison.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67212134240435759272011-02-03T03:42:02.893-06:002011-02-03T03:42:02.893-06:00Well, I am so excited that I have found this in yo...Well, I am so excited that I have found this in your post because I have been searching for some information about it almost three hours.Find missing DLLhttp://www.softpicks.netnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-41417179817157562562011-02-02T22:39:21.568-06:002011-02-02T22:39:21.568-06:00Grits says, "The missing link ... is that jud...Grits says, "The missing link ... is that judges run CSCDs and probation officers report to them in court." <br /><br />Yes, judges run CSCDs per statute, but I am certain most Judges acquiesce to the CSCD Director about everything related to probation.<br /><br />The best interest of the CSCD isn't what Court is all about. Judges have enough to do, that's the point, that is just one missing link. <br /><br />Yes, officers report to the Judge but in the Courtroom, the Judge isn't putting the interest of the CSCD at the forefront of decision making.<br /><br />Grits says, "No one said counties are "willy nilly" revoking on technicals, but it was the counties ... who reported the data ... It's not like TDCJ (or I) made it up."<br /><br />Grits,<br />No one said it was made up. The CSCDs report data they are required to report. The fact is the reported data is skewed because it is inaccurate as it doesn't tell the whole story. <br /><br />The required data doesn't ask the CSCD what was the CSCD's recommendation at the revocation hearing. That is another missing link. <br /><br />If the CSCDs are asking for revocation when there is only technicals, then most certainly CSCDS should not receive diversion program funding. I doubt CSCDs are recommending revocation due to technical violations. The DA is abandoning other violations at the Hearing so all that is reported is the technical because that is all the computer will allow to be reported (software issues, which CJAD and CSCDs are not up to snuff about anyway, and is a whole other story). <br /><br />Revocation virtually always is an agreement between a DA and a Def. Atty. rubber-stamped by the Judge. Doesn't sound like someone who is running a CSCD (other than maybe running it into the ground). <br /><br />Someone who is running something they valued would pay attention to what is hurting his employee and if the final decision maker -- the fact finder is the Judge and his finding of fact is putting the CSCD in the poorhouse then maybe the Judge should be penalized for the technical violators going to prison? The data doesn't show what happens in the Courtroom.<br /><br />The last thing I would want to do is give up. Public Safety is too important.<br /><br />Grits says, "But at some point, just repeating your failures isn't an option." <br /><br />Grits,<br />It isn't the CSCD that is failing. It is the whole process that is failing. 122 CSCDs, 254 counties, so many District Court Judges, so many County Court at Law Judges, so many prosecutors, all with a different value system, and all with a different idea of how to punish and/or rehabilitate the offender. Each county has its own culture and personality, Texas is a huge State, counties aren't mirror images of one another.<br /><br />The Judge, the Prosecutor, and the CSCD aren't all on the same page of the Special Grant Conditions of the Awarded funds nor are they all on the same page of the Progressive Continuum of Sanctions nor does anyone care about those things except for the CSCD. The CSCD is at the bottom of the food chain once you get in the Courtroom. <br /><br />The Judges don't want the grant monies. If they were given the monies, they would tell the CSCD to manage it anyway or ask the County auditor to do it who would also just turn it over the the CSCD. <br /><br />The solution is to have other government entities be punished for the technical violation revocations. Don't just punish the CSCD. Because CSCDs funding is threatened to be cut because of a failure they have been alleged to have committed with no culpability by anyone else being mentioned is ludicrous. If the pocketbook of the DA or the Judge was threatened, then I can almost guarantee there would be less technical violations, maybe even zero of the them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76778552257825460472011-02-02T22:18:42.093-06:002011-02-02T22:18:42.093-06:00Amen to the last post!!!Amen to the last post!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-68249146013643723372011-02-02T21:52:56.184-06:002011-02-02T21:52:56.184-06:00Scott, one thing you did not consider in your revi...Scott, one thing you did not consider in your review is the fact that the direct felony population in Texas has grown by over 16,000 offenders since 2005. The increases have been most prominent in probation departments that were awarded diversion funding. Revocations have not increased in proportion to the significant growth in the felony population. Considering that offenders are most at risk for violation and revocation in their first two years of probation, it is remarkable that revocations have not exceeded 2005 numbers.<br /><br />It is also important to recognize that diversion funding did not increase in proportion to the population growth. Consequently, the average amount of diversion funding per offender has steadily gone down as the population has grown. Departments continue to stretch the dollars they have but at some point, there is no more room to stretch. So, yes the diversion funding may have maxed its impact but the reason has more to do with the significant population growth than most of the factors that have been cited. When we are measuring the impact of the Legislature's investment in diversion programs, we need to take into account the fact that the increased alternatives led to significantly more offenders being sentenced to probation on the front end. Revocations are only one measure of how the funding has impacted the prison population. Yes, Texas divert more offenders from prison with sufficient diversion funding but don't short change the success.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-65790987328287558072011-02-02T21:30:52.627-06:002011-02-02T21:30:52.627-06:00I'm in Bexar and I honestly hate to file a Mot...I'm in Bexar and I honestly hate to file a Motion To Revoke! I have no control or say after that. Which is fine but not if our funding is tied to revocation rates. Our caseloads are to high and we make a salary of 31,000 a year with no pay scale. So you make that forever. Most of us are looking for jobs elsewhere. You have quite a few officers who want to stay and really care but just cant afford to stay. In other words you have to have a staff that cares to lower rates!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79872033853499351692011-02-02T21:20:53.392-06:002011-02-02T21:20:53.392-06:003:59 writes, "Judges revoke probationers. CSC...3:59 writes, "Judges revoke probationers. CSCDs don't revoke probationers." <br /><br />Then from Grits-"The missing link, though, is that judges run CSCDs and probation officers report to them in court."<br /><br />Ok!In Bexar the Judges have decided they hate progressive sanctions. We lowered the revocation rate on the backs of the CSO's. Bexar's rate still is in line with other large counties. I try very hard every day to try programs and keep that violation report away from the district attorney. I really feel we have hit a wall and you can only go so low on the revocation rate. We could maybe go down one or two more percentage points. My defendants are getting into court and asking for time!!!! No fees and no programs. They get 3 for 1 and come out and are off paper quick. The ones that serve up front time always run, get the technical, then take time with credit for time served.<br /><br />Grits, I would be happy to take a day off come to Austin sit down and tell you how it really is in Bexar.Anonymousnoreply@blogger.com