By J. Lyn Carl, GalleryWatch.com
Austin, TX –
If you were wondering who might carry Gov. Rick Perry's proposed legislation on public school finance during the current special session, it's a good bet it won't be Rep. Jerry Madden (R-Richardson).
Madden's HB 2193 was one of the 19 bills from the 79th Regular Session that were vetoed by the governor.
Today, Madden penned a letter to the governor, expressing his dismay and disappointment with the veto. In his letter, Madden called the bill "well-tuned and balanced," noting it would improve the state's probation system. "The changes were sensible, realistic and economical ways to enhance public safety," wrote Madden, who added, "Passage of the bill would have allowed our probation resources to be properly used on the most dangerous probationers."
Perry, in his veto proclamation, said he would not sign legislation that would reduce penalties for offenses against law enforcement officers, noting the bill would shorten the probation for such offenders from 10 to 5 years. He also objected to reduced periods of probation for offenses such as kidnapping, injury to a child, repeated spousal abuse, intoxication assault and habitual felony drunk driving.
Madden pointed out that the bill had "overwhelming" support by the House and Senate and had only one person testify against it during the committee process. He also pointed to the more than six years of study through interim charges and the input from judges, prosecutors, defense attorneys and probation officials, who all supported the bill.
Madden also took the governor to task because neither the governor nor any of his representatives contacted him to discuss the provisions of the bill before the veto.
"Your proclamation states that attempts to modify the bill to improve public safety were rebuffed," wrote Madden. "It is my recent understanding that your office presented recommendations to Senator (John) Whitmire the day he heard the bill in the Senate Committee; however, this amended version of the bill was never brought to the author's attention. Subsequent discussions indicate that your efforts were made only in the Senate after the bill had passed through the House Chamber.
"Governor, I feel that it is legislative courtesy that attempts to change the bill are at least discussed with the author of the bill. The changes your office proposed were never discussed with the author. While the Senate is clearly capable of altering legislation in their own chamber, on a bill of this magnitude and importance it is only correct to hold open discussion of proposed changes."
Madden also noted that he met with groups and individuals who had concerns about the legislation, which resulted in a five-page amendment to the bill as well as the incorporation of other issues. He also added that pertinent amendments that truly represented "serious and significant" suggestion to better the bill were accepted.
Madden addressed Perry's claims in his proclamation relating to assault of a peace officer. "Had someone from your office addressed the author of the bill with this concern prior to your veto, I would have been more than happy to explain it to you," wrote Madden. "It appears to me to be a bad job by the prosecutor if someone who seriously assaults a Peace Officer or takes away a Peace Officer's weapon receives probation. A Third Degree Assault on a Peace Officer requires infliction of a minimum amount of pain - but no injury. Second Degree Assault on a Peace Officer requires serious bodily injury be inflicted. Suspended Sentence probation as well as Deferred Adjudication probation have been available for both of these offenses for over 20 years. As I am sure you are aware, there are different degrees of assault, and a defendant who seriously assaults a Peace Officer should not receive probation."
Madden said his bill "did not simply shorten probation terms, it required more judicial involvement."
In Perry's veto proclamation, he also noted that the bill would add court fines to expand drug courts in Texas, but did not appropriate these funds and "the intended purpose would not be funded."
Madden said that he agreed that there was no appropriation of the new revenues, however, he added, "Since there was a problem with the appropriations bill, we will be back in 2007 to address drug courts."
Madden also pointed out that Perry was incorrect in his proclamation when he said that the Appropriations Bill provides $55 million in additional funding for probation officers. "The Appropriations Bill provides $28.2 million in additional funding for probation officers and $27 million for residential treatment and sanction beds. Although $28.2 million will assist in easing the strain on our probation system, it is merely pennies in the bucket. Reducing caseloads through additional funding is not enough to make our probation system effective. The State needed real probation reform - the state needed House Bill 2193."
Madden also took the opportunity to point out to Perry that his line item vetoes in SB 1 will reduce the number of contract beds in county jails at a time when the state's prisons are reaching capacity. Another $6.5 million was vetoed that provided Treatment Alternative and Incarceration Programs (TAIP). "This veto furthers our crisis and need for additional funds for treatment in our criminal justice system. Denial of these treatment resources will only result in more low-level drug offenses going to an already overloaded and expensive prison."
In concluding his letter, Madden said he wanted to point out some of the conservative aspects of the bill, including the following:
"1. The bill would have made it impossible for a jury to give probation in a First Degree murder case. Current law prevents a judge from suspending a murder sentence and granting probation. There certainly wasn't anything soft in this provision.
"2. The bill would have required review of most probationers when they completed the supervision period and all other terms of their probation, with the judge retaining full authority to continue them under supervision if they pose any danger to public safety. Current law permits a judge to grant early release to many probationers when they have completed 1/3 of their supervision period or 2 years, whichever is less. The bill would have required review after half of the supervision period and those offenders would have thus been under supervision longer than is permitted in current law.
"3. As of now, roughly 20% of our probationers are absconders. The proposal that you have vetoed would have strengthened the probation system by redirecting scarce resources to more dangerous offenders as well as probationers that have fled. HB 2193 would have allowed the review and release of low level Third Degree felons who fully complied with supervision rules so that probation officers could concentrate on finding and supervising the First, Second, and Third Degree felony absconders who are currently in our communities without any supervision or sanctions whatsoever. Wouldn't it make more sense to supervise them, rather then those who have successfully followed the rules? Thus, the bill would have made our communities safer.
"4. This bill would have allowed judges to use more discretion within their communities, and would have expanded the extremely popular and successful drug courts from our eight largest counties to our twenty largest counties. Your veto of this bill eliminated the mandatory drug court provisions. These courts have been extremely successful in reducing crime across Texas and the nation and those results come at a minimal cost.
"5. The bill would have reduced the initial supervision period for some Third Degree felons from 10 years to 5 years, with the judge having full authority to extend the period up to 10 years if necessary. The supervision for serious and violent offenders would have remained unchanged."
Madden told the governor that while Perry indicated there is a need for improvements to the probation system, Madden was never given any amendments or recommendations from the governor's office relative to his bill.
"It is my hope that you take into consideration six years of hard work and dedication by both the Corrections and Criminal Justice Committees and work with us to improve community supervision in the future," concluded Madden.