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IMMEDIATE RELEASE Contact: Mark Hey
May 11, 2010 512-463-0544
Business as Usual
Not A Wise Choice When Better
Model with Proven Track Record Exists Washington,
DC----Today, Rep. Madden appeared before the U.S. House of Representatives
Judiciary Committee’s Sub-committee on Crime, Terrorism
and Homeland Security to promote enactment of HR 4080, the Criminal
Justice Reinvestment Act of 2009, and HR 4055, the Honest Opportunity
Probation with Enforcement (HOPE) Initiative Act of 2009.
Rep. Madden took the opportunity to use this national platform
to tell the story of how Texas is refocusing its criminal justice
policies which has produced numerous positive outcomes for society
and the state’s fiscal posture. For the better part of
a decade, Texas had engaged in a massive prison expansion endeavor
to the tune of billions of dollars, with the end result being
“if you build it, they will come.” In 2007, the
state’s prison population was again projected to grow
sizably over the next five years (14,000 to 17,000 new inmates),
requiring the construction of possibly three new prisons ($2
billion anticipated to only build these facilities, not including
operating and staffing expenses, outlays for food, medical care,
and other necessities for inmates, and ongoing maintenance).
In wake assuming chairmanship in the Texas Legislature of the
House Committee on Corrections in 2005, Rep. Madden set out
in 2007 to confront the problem of prison overcrowding through
the lens of a simple but critical question – "what
is the most effective way to spend limited resources in order
to protect and improve public safety?" By choosing to confront
the challenges and make the tough choices instead of just “kicking
the can down the road,” a new and effective program that
protects the public and minimizes expenditures was implemented.
- Working closely with his Democratic colleague,
Senator John Whitmire, Chair of the Senate Criminal Justice
Committee, and enlisting help from the Council of State Governments’
Justice Center with support from the Pew Foundation and the
Bureau of Justice Assistance--U.S. Department of Justice,
data was collected which yielded the following drivers in
the growth of Texas’ prison population:
- Increased probation revocations. Between
1997 and 2006, the number of people who had their probation
withdrawn and then went to prison increased 18 percent, despite
a 3 percent decline in the probation population.
- Reduced capacity of residential treatment
programs serving people on probation and parole. Reductions
in funding for community-based substance abuse and mental
health services during the 2003 Legislative Session forced
the closure of various treatment programs and facilities.
By 2006, more than 2,000 individuals were awaiting placement
in such programs and facilities.q
- Fewer approvals for parole. Parole grant
rates were lower than even those suggested by the parole board’s
own guidelines. For example, had the parole board adhered
to its minimum approval rates for low risk individuals, an
additional 2,252 releases would have been made from prison
to community supervision in 2005.
Additionally, other facts emerged from this
analysis: approximately 5,500 prisoners in Texas had been convicted
of multiple DWIs; over 50,000 drug offenders, who often are
non-violent or first-time offenders, were filling cells which
could be used for hard core, predatory offenders; and large
numbers of mentally ill offenders who would be better served
in community mental health facilities were residing in state
and local prisons. Going by the numbers, it was apparent the
system was overwhelmed by individuals who could receive alternative
treatment to incarceration, which would result in significant
cost savings to the public, and preserve precious resources
for the incarceration of dangerous, violent offenders.
Through the guidance of Rep. Madden and Sen. Whitmire, in 2007
the decision was made to invest $241 million over two years
to create a network of treatment and diversion programs--from
more probation officers to more drug courts to more residential
drug-treatment centers. Reforms to probation policies and procedures
as well as parole enhancements also were implemented. This new
criminal justice policy orientation has resulted in Texas experiencing
a declining or basically flat-line trajectory in prison population
for the first time in recent memory while experiencing a falling
crime rate simultaneously, consistent with the national average
of late.
What then was truly a game-changing vision that caused a shakeup
in the status quo now holds out the prospect of reaping significant
dividends on a relatively small investment, being our state
is facing a $12-14 billion dollar shortfall in the upcoming
2011 Legislative Session. This new strategy demonstrates that
protecting the taxpayer and promoting public safety are not
mutually exclusive goals, but rather a beneficial arrangement
which extends the opportunity to individuals who truly deserve
a second chance that option, while removing from society those
who fail to play by the rules.
Mark HeyLegislative Aide to Rep.
Jerry MaddenCapitol Bldg., Rm. GW.11
P.O. Box 2910Austin, TX 78768-2910
Ph. # 512-463-0544Fax # 512-463-9974
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