Hey everyone--another initiative to help keep this blog going! First ever advertising! Grits may be cheap and nutritious, but they are not free. ;-) So we're going to try launching ads in the right hand column and banners across the top through Blogads and independently. The link below takes you to blogads. Or, below that, advertise with me independently.Grits for Breakfast reaches a dedicated and engaged audience of policymakers, criminal justice professionals in Texas (and the nation) and families of the incarcerated.Traffic, you may ask? Traffic, indeed. Grits sees 1,400 or more unique visitors per day, making it a top blog in Texas and a top criminal justice blog nationwide.Position on Google? The best. If your potential audience searches on Google using keywords related to criminal justice in Texas, Grits is nearly always at the top of the "natural" search list--they come straight here.Who are the readers? Place your ad in front of staff, officials and…
More shameless self-promotion: Advertise on Grits!
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Isn't "Amnesty" for Immigrants Just a Statute of Limitations?
As I read folks going crazy on the right-wing blogs about how "amnesty" for illegal immigrants would spell the end of civilization and the final abnegation of the rule of law, a nagging question recurs that I'll finally break down and pose to you readers, particularly the lawyers in the crowd:What's the difference between "amnesty" for immigrants and the statute of limitations for any other crime?An immigration violation is a nonviolent federal misdemeanor. Most nonviolent misdemeanors have a statute of limitations of two years. A marijuana smoker may have violated the rule of law lighting up a joint, just like the guy who swam the river, but after a couple of years the law makes the entirely rational judgment for the pot smoker that justice wouldn't be served by their punishment.Is there any substantive difference between "amnesty" for immigrants and the statute of limitations for most other crimes? If so, what is it?
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Adios, Jay Kimbrough! Ed Owens Now TYC Czar
Apparently having done all the damage he can do in the short term, Texas Youth Commission conservator Jay Kimbrough has been named deputy chancellor of Texas A&M, where he'll be the number two man under another former top aide to Gov. Rick Perry, Dr. Mike McKinney (who happens to have been my boss years ago at the Texas Health and Human Services Commission).Kimbrough's departure leaves former TDCJ #2 man Ed Owens Czar of the TYC system for the next two years. I've already explained why I don't think he's a good choice, but it may surprise readers to learn that the Governor did not solicit my opinion before Mr. Owens' elevation to czar status.Owens' wife, Rissie is also a Perry appointee - she chairs the state's Board of Pardons and Parole, which places an inordinate amount of authority over the state's corrections system in the hands of this little known power couple.TYC seems to have fallen off the media radar screen for…
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Ex-prosecutor: Counsel waivers good for 'judicial economy' but not justice
"Do rights matter if you don't know about them?," asks Robert Guest, a criminal defense attorney in Kaufman County and former prosecutor at I Was The State.Guest explains from first-hand experience why Texas defendants need the protections in HB 1178, which would disallow prosecutors from solciting waivers of defendants' right to counsel. He writes:HB 1178 [by Escobar] would ensure that no defendant pleads guilty without signing a waiver of his right to an attorney. It ends the practice of prosecutors plea bargaining with pro se defendants. Prosecutors are not excited about 1178. See the TDCAA discussion.Their main complaints about 1178 are 1) It will take more time and 2) They feel insulted that anyone would think a Texas prosecutor is only out to convict, not to see that justice is done.I was a DA and worked with a written waiver process that complies with the statute. It worked great. The judge asked each defendant if he wanted to hire a lawyer, fill out…
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Competency restoration legislation moving, funding for new forensic beds in jeopardy
I've got good news and bad news for sheriffs, jail administrators and mental health professionals who are worried about the growing backglog of mentally ill and retarded inmates in county jails declared incompetent to stand trial.When the 80th Legislature started, there were two, equally important initatives the Texas Lege needed to undertake to fix these chronic problems: Rationalizing outdated laws related to competency restoration and providing new funding for additional forensic beds at state mental hospitals.Last year the Legislative Budget ponied up $13.4 million for new forensic beds, about $28 million shy of what the Department of State Health Services said would be required to eliminate the backlog. I'd hoped they'd return to that commitment this year and increase forensic bed funding further, but neither the House nor Senate budget includes ANY money for new forensic beds, instead giving crisis care money to community MHMR centers. (That would be fine,…
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Cite and summons for low-level offenses could free up jail space
Good news for local officials managing understaffed and overcrowded jails - the 80th Texas Legislature's best chance to assist counties with the crisis in local jail overcrowding, HB 2391 by Madden, passed on second reading this afternoon on the House floor on a voice vote. See the House Research Organization's bill analysis. The bill would give police officers discretion to cite and summons instead of arrest for a handful of the most common petty crimes, including:Marijuana possession, (up to 4 oz)Criminal mischief with less than $500 damageGraffiti with less than $500 damageTheft by check with less than $500 stolenTheft of service with less than $500 stolenContraband in a corrections facility (B misd. only)Driving With an Invalid LicenseThe Midland County jail administrator has supported the idea, as does the jail administrator in Bexar. Why? "It takes just as much time to book them and get rid of them (for misdemeanors) as it does a murderer," says…
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Drug courts, stronger probation clears Texas House
Two important probation strengthening bills by House Corrections Committee Chairman Jerry Madden cleared the Texas House this week - HB 530 expanding use of drug courts (discussed here and here), and HB 1678 strengthening community supervision and reducing probation officer caseloads (discussed here).The drug court bill passed unanimously, and only seven members opposed Madden's probation bill, which had much more opposition in 2005. Congrats to Chairman Madden and supporters of stronger probation. Here's hoping these bills are similarly well received in the Senate.The next key probation bill up on the House floor will likely be HB 3200, described here, which passed out of committee and is awaiting a a floor vote. That legislation adjusts funding incentives for probation departments to encourage offenders to earn their way off supervision through good behavior. Another important progressive sanctions bill, SB 1909 by Ellis/Madden, described here, is scheduled for a…
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It's Good Friday - A time to reflect on snitching
Today is Good Friday, the day after Judas betrayed Jesus to the Roman authorities, launching the chain of events that led to Christ's crucifixion and ultimately His Easter resurrection. Judas was a paid Roman informant according to canonical biblical texts. Like the principal snitch portrayed in the book and movie Rush, set in my hometown of Tyler, tradition says Judas committed suicide following his betrayal.Other non-canonical "gospels," however, portray Judas as Christ's double agent, a provocateur luring the Romans to arrest Jesus in the Garden of Gethsemene as part of the Lord's grander plan. Whichever depiction is more accurate (and we cannot know), that's why for me on Good Friday my thoughts always turn to the subject of informants, their motives, and how longstanding and profoundly human are the conflicts that arise from the practice - this morning is no exception.Of the nearly 2,000 posts on Grits, one I'm proudest of was an item on…
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More prisons not needed for sex offenders - drug laws drive incarceration growth
Writes past Grits guest blogger Marc Levin of the conservative Texas Public Policy Foundation in today's Austin Statesman:No Texan should be fooled into thinking that we need more prisons to keep up with population growth or lock up sex offenders. The real question is whether we need more prisons to lock up more nonviolent drug offenders.Bingo - good stuff, Marc! Definitely read the rest.Levin backs SB 1909 as an alternative approach, which he says would "sentence nonviolent drug addicts to community-based treatment instead of prison." The bill was voted favorably from the Senate Criminal Justice Committee yesterday. See this Grits preview of the committee hearing (SB 1909 is the last bill discussed) and also prior Grits coverage of Levin's work on overincarceration.
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A Comeback for Tulia-Style Drug Task Forces?
UPDATEAre Tulia-style drug task forces preparing to make a comeback?Just a week after the last of the Tulia defendants were approved to receive compensation for wrongful imprisonment, a vaguely worded Memorandum of Understanding was published in the March 30 Texas Register between the Department of Public Safety and the Governor's Criminal Justice division. Mostly the document blandly discusses general information sharing and DPS participation in unnamed gubernatorial advisory committees, but the final paragraph declares that the MOU will "enable CJD and DPS to comply with state and federal reporting requirements and to assess the effectiveness of each drug task force funded by the state." (emphasis added)Huh?!I was under the impression that the Governor de-funded all of Texas' regional drug task forces last year!Rep. David Farabee, a Democrat from Wichita Falls, proposed a floor amendment this week to the House budget to supply the regional task force in…
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Sentencing Tuesday in Criminal Jurisprudence, Part Two
Time to finish up Grits' pre-hearing examination of bills being heard in Tuesday's Texas House Criminal Jurisprudence Committee. (See Part One.) The bills up in the second half of Tuesday's agenda perhaps aren't as sexy as those discussed earlier, but several still deserve attention:Close loophole avoiding treatment diversionHB 1610 by Madden is a small, but needed bill that affects sentencing for first-time drug offenders convicted of a small quantity possession offense, diverting them to community supervision with drug treatment. The bill plugs a loophole I've written about previously that allows local judges to sentence offenders to county jail time as a condition of probation. In Harris County, in particular, this accounts for most local jail overcrowding.Right now state law allows judges to impose the sentence for a Class A misdemeanor instead of a state jail felony in the interest of justice. However, some judges and prosecutors, particularly in…
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Good bill, bad analysis
I'm listening to Rep. Trey Martinez-Fischer promote HB 541 at the House Criminal Jurisprudence Committee. That bill would allow counties to release parolees on bail who are arrested on technical violations while they await revocation hearings. I think that's a good idea.While this is a good bill, it's really not true, as Martinez-Fischer stated (or rather overstated), that "blue warrants" or parole violators are the main cause of local jail overcrowding. This is certainly a piece of the puzzle, but pretrial detention decisions by prosecutors and judges are the biggest cause of local jail overcrowding.Rep. Terri Hodge rightfully pointed out that the bill may fail to achieve its goals by limiting its scope to technical violators, which are only 17% of statewide parole revocations. The better fix for "blue warrants," she said, would be to allow bail for parolees who've been picked up on new charge as well, especially low-level charges like…
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Legislature should prioritize mental health spending that relieves local jails
Mental health advocates are asking Texas DAs to speak out to expand funding for "crisis care" for the mentally ill, and certainly better services are needed, but I can't tell that their proposals will specifically address the most pressing mental health woes of Texas' criminal justice system - particularly the growing need for "competency restoration."Here's a portion of the letter to the DAs and CAs from the Texas Council of Community MHMR Centers:It is estimated that there are approximately 54, 255 individuals requiring crisis services annually in Texas.Our inability to serve these individuals adequately results in significant impacts upon hospital emergency rooms, county jails and law enforcement.The Department of State Health Services earlier this year established a Crisis Services Redesign Committee to develop recommendations for mental health crisis services that are delivered through the local mental health authorities.To see a full…
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Houston Judge to Rick Perry: Cut drug sentences to let felony courts focus on violent crime
It's not quite "Man Bites Dog," but a Republican state district judge in Houston this week called for Governor Perry and the Texas Legislature to reduce drug sentences. Reported Bill Murphy in the Houston Chronicle ("Judge calls for easing of drug penalty," Nov. 19):State District Judge Michael McSpadden once believed that long sentences would deter drug sales and drug use. But after more than two decades hearing felony cases in Harris County, the former prosecutor is calling on the governor and Legislature to reduce sentences for low-level drug possession. "These minor offenses are now overwhelming every felony docket, and the courts necessarily spend less time on the more important, violent crimes," he recently wrote to Gov. Rick Perry. Nearly twice as many defendants in Harris County were sent to state jails last year for possessing less than 1 gram of a drug than in Dallas, Tarrant and Bexar counties combined. McSpadden recommended making…
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DUI’s and the Chaos to Custody and Parenting Time
The combination of drinking and driving leads to horrific and sometimes deadly consequences. However, there are situations where there is no accident and the impaired driver is simply arrested for the misdemeanor offense. He is also left with court dates, embarrassment and jail time. In Arizona, most DUI offenses are prosecuted as Misdemeanors. This means that they are less serious offenses and usually result in some jail time, therapy, fines and the offender may lose his driver’s license. A first-offense-misdemeanor DUI, while costly and embarrassing, will not destroy an individual’s life and the consequences are arguably designed to teach a lesson. However, if there is a DUI arrest during an ongoing or anticipated divorce/custody matter, it can have much further reaching consequences. Take for instance this situation: Mike, an architect, and Carol a 3rd grade teacher are in the middle of a fairly…
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Jury rejects manslaughter charge, instead convicts man of battery in deadly fight
A jury did not find enough evidence to convict a man of manslaughter in the death of another partygoer, but instead found him guilty of a lesser charge of felony battery. The man was accused of punching another man repeatedly while the man was already on the ground after a series of fights broke out during a bonfire, according to a report in the Florida Times-Union. The victim was rushed to the hospital but died from his injuries, the newspaper reported. Police said another man initially punched the victim in the face and the man fell to the ground, the newspaper reported. That's when the man who went to trial this week jumped in, the newspaper reported. The reduction from manslaughter down to battery is very significant for the defendant. Manslaughter is a second-degree felony punishable by up to 15 years in state prison. Felony battery, however, is a third-degree felony with a maximum penalty of five years in prison. He is scheduled to be sentenced next month, and it…
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Monday Open Thread
I'll be back to blogging this evening. In the meantime, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Crash at Garrity On Ramp Sends One to the Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 08/25/14 11:55 am Please direct questions to the District Office On Monday, August 25, 2014, at approximately 6:22 a.m., the Idaho State Police investigated a two vehicle injury crash on eastbound I84 at the 38 on ramp at Garrity Blvd. Ronald Perrie, 19 of Caldwell, driving a 2007 Dodge Caliber and was slowing in traffic for a pedestrian at a marked crosswalk. Jesse Higdon, 55 of Nampa was driving a 2008 Harley Davidson Road King and rear ended the Dodge Caliber. Higdon was transported by ground ambulance to Saint Alphonsus Heath Plaza in Nampa. Higdon was not wearing a helmet. Perrie was wearing a seatbelt. The crash is still under investigation by the Idaho…
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Former Criminal Defense Attorney Sentenced To Jail
A few months ago we posted an article about a criminal defense attorney who was arrested for smuggling various illegal drugs into the Baltimore County Detention Center. The police investigative reports and charging documents described a multi month conspiracy between the attorney, her son, secretary, and her current and former clients to introduce the contraband into the jail for sale and use by other inmates. Security at the Towson facility is more relaxed for attorneys who present their clearance cards upon entry, as it is not standard for the guards to thoroughly frisk lawyers. Part of the reason for this is that most visits at the jail are non-contact visits, where the attorney still must speak to the inmate through a glass wall. Contact visits typically have to be arranged ahead of time. But unlike the standard visitation area, the attorney visitation area has slits under the glass partitions so that legal documents may be passed back and forth. Though in the case of…
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Lowell Police Officer Charged With Operating Under The Influence Of Alcohol And Motor Vehicle Homicide
A terrible car accident in Methuen resulted in the death of a Lawrence man, serious injuries to another and a Lowell police officer in jail. The Lawrence Eagle Tribune reported that Lowell Police Officer Eric Wayne will face a judge in Lawrence District Court on Monday where he will be arraigned for charges of motor vehicle homicide, having an open container of alcohol in his motor vehicle, operating under the influence of alcohol and operating to endanger. The paper reported that the officer is held on $500,000.000 bail. Lowell Drunk Driving Defense Attorney The disgraced officer apparently had a previous charge of operating under the influence of alcohol that is pending in the Lowell District Court. This is a case that occurred last summer and was transferred to the Essex County District Attorney’s office because of a conflict of interest. Can The Government Prove Operating Under The Influence If The Defendant Refused To Perform Field Sobriety Tests? In most…
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