Washington DC -- Rep. Madden (R-Plano) recently appeared before the U.S. House of Representatives Judiciary Committees Sub-committee on Crime Terrorism & 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 states 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 states prison population was again projected to grow sizably over the next five years (14000 to 17000 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 Between 1997 and 2006 the number of people who had their probation withdrawn and then went to prison increased 18 percent despite a 3 percent decline in the probation population.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 2000 individuals were awaiting placement in such programs and facilities.
- Fewer approvals for parole. Parole grant rates were lower than even those suggested by the parole boards own guidelines. For example had the parole board adhered to its minimum approval rates for low risk individuals an additional 2252 releases would have been made from prison to community supervision in 2005.
Additionally other facts emerged from this analysis: approximately 5500 prisoners in Texas had been convicted of multiple DWIs; over 50000 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.
