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Showing posts with label S.B. 1338. Show all posts
Showing posts with label S.B. 1338. Show all posts

Monday

Another "Sign it and we'll count the cost later" legislation!

The Sheriffs of Texas didn't know about it. Neither did the Constables. Nor the Justice of the Peace, Municipal and County Court Judges, County Judges and Commissioners, or even most of the Legislators.
This is another Obamacare type, pass it and then count the cost once they accumulate type bill.
There should have been awareness by the state and county officials but there wasn't. The public should have a voice in this.
Look what has happened in New Jersey! Google bail reform. 
This will lead to elimination of Bondsmen services for misdemeanors and give the burden to the Counties. It will cost time and manpower. And we don't even know the cost of the programing or support elements.
By the way, about 93-97% of illegals who are given P.R. bonds and told to show up in court leave smiling and never look back.
Oh, and Chicago leads the way in P.R. bonds. How's that working out?
Contact your State Rep. and Senators now! The bill has been passed to the House and could be up for a vote by May 11, 2017! There is no time to waste! 
The best thing would be to Kill the Bill. The second best thing would be to put it on hold until those affected can have their voice heard.
jb
Issues and Concerns regarding SB 1338 and HB 3011 Substitutes

Will Bonds be set by computer programs?



  I was leaving a great night with law enforcement officers, spouses, and supporters for the Thin Blue Line Ball held at the Rock Creek in McKinney on Sat. May 29th. On the way home I get a phone call from Honolulu. 
  Dog the Bounty Hunter wants to talk to me. We share some common ground. I'm from the Dumas area and Dog is from Pampa. We have some other connectivity that kept the conversation going into the night.
  The reason for the call was to alert me to a bill which passed a Senate sub committee (S.B.1338) and (H.B. 3011) and goes to the floor this week. This is a bill that can be traced back to Soros/Holder connected legislation designed to reduce jail occupancy by allowing more accused to be released.
   I am doing my research. Today I talked to sheriffs, constables, JP's, police chiefs, and legislators. I have no opinions. Well, not exactly. 
  What about letting a computer program determine qualifications for Personal Recognizance bonds?
  The following is worthy analysis, then I ask for smarter people than me to chip in opinions.
jbblocker


Issues and Concerns regarding SB 1338 and HB 3011 Substitutes—Updated 4/20/17
These bills create a costly and unnecessary bureaucracy that would result in many unintended negative consequences. This seems especially problematic given that current law already provides Judges the ability to utilize PR and Pretrial Release options for those that cannot afford bail.
The proposed legislation is an Unfunded Mandate to Counties.  Cost of implementing the mandatory Automated Risk Assessment Tool and related costs to each county will vary but for reference: 2015 pretrial budget for Travis County was 5. 5 million; Tarrant County was 1.1 million; and Harris County was 7.2 million.  

Texas Senate Bill 1338 Is it a good thing?

The Texas Senate is considering a bill to allow an increase of PR Bonds to those who can't afford a bond. There is of course much more to the ramification. It will affect the smaller counties differently than the big boys.
I have my opinions, but they don't count. Smarter people than I need to fill in the blanks.





 
By: Whitmire 
S.B. No. 1338
 
       (In the Senate - Filed March 6, 2017; March 14, 2017, read
 
first time and referred to Committee on Criminal Justice;
 
April 24, 2017, reported adversely, with favorable Committee
 
Substitute by the following vote:  Yeas 7, Nays 0; April 24, 2017,
 
sent to printer.)

 
COMMITTEE SUBSTITUTE FOR S.B. No. 1338
By:  Whitmire



 
A BILL TO BE ENTITLED
 
AN ACT

 
relating to bail and to judicial education regarding bail
 
practices.
 
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 
       SECTION 1.  Chapter 17, Code of Criminal Procedure, is
 
amended by adding Articles 17.027, 17.028, 17.029, and 17.034 to
 
read as follows:
 
       Art. 17.027.  PRETRIAL RISK ASSESSMENT. (a)  The judges of
 
the county courts, statutory county courts, and district courts
 
trying criminal cases in each county shall adopt an instrument to be
 
used in conducting a pretrial risk assessment of a defendant
 
charged with an offense in that county. The instrument adopted must
 
be the automated pretrial risk assessment system developed under
 
Section 72.032, Government Code, or another instrument that is:
 
             (1)  objective, validated for its intended use, and
 
standardized; and
 
             (2)  based on an analysis of empirical data and risk
 
factors relevant to:
 
                   (A)  the risk of a defendant failing to appear in
 
court as required; and
 
                   (B)  the safety of the community or the victim of
 
the alleged offense if the defendant is released.
 
       (b)  A magistrate considering the release on bail of a
 
defendant charged with an offense punishable as a Class B
 
misdemeanor or any higher category of offense shall order that: