The Canadian Record (Canadian, Tex.), Vol. 98, No. 26, Ed. 1 Thursday, June 30, 1988 Page: 4 of 36
thirty six pages : ill. ; page 19 x 13 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
/
L
3*. i«*. RECORD
CANADIAN. HEMPHILL CO.. TEXAS
THURSDAY 30 JUNE 1988
bservations-v
/^NE CAN BE happy and sad at the same
time when leaving home to live in a new
place.
BY SMILEY
Senator Bill Sarpatius
Reports
CONVICTS CHOOSING PRISON OVER PROBATION
AUSTIN - Something strange
seems to be happening in Texas’
criminal justice system. More and
more convicted criminals are choos-
ing to serve their sentences in pris-
on rather than on probation.
This phenomenon first was no-
ticed by reporters for a Houston
newspaper who quoted one pros-
ecutor as saying defendants “laugh
in my face” when offered pro-
bation as a sentencing option.
More than a few. the prosecutor
said, claim prison is a much better
option. Here’s why:
When a person is convicted
of a crime, a judge has two choices
in imposing a sentence. The judge
can order the defendant to serve
time in prison or, if the prisoner
does not represent a major threat,
on probation.
A person serving time on pro-
bation must follow a strict set
of court-imposed guidelines, such
as maintaining constant employ-
ment and making restitution to the
victims of the crime. Probation
in most circumstances lasts for
the full term of the sentence.
Those currently serving time in
prison face a different set of
circumstances. Texas' prisons are
severely overcrowded, so non-vio-
lent prisoners are being paroled
very early in their sentences.
Some serve less than one-fourth
of the time to which they were
sentenced.
Once paroled, these convicts tech-
nically must meet a set of parole
guidelines, but enforcement of
parole rules at times is weaker
than enforcement of probation
rules. Parole violations often are
harder to detect and the prisons
are so overcrowded that only
serious violations result in parole
revocation.
So, the prosecutors quoted in the
Houston story say, many convicted
criminals would just as soon serve
a brief prison sentence and be
done with it. They find a prison
sentence easier to live with than
the longer-lasting probation.
The obvious question is whether
we have a serious problem in
our criminal justice system if
criminals would rather go to
prison that serve their time at
home Surprisingly, the answer
is no.
You have to understand that
Texas is releasing convicts early
not because it wants to but be-
cause a federal district judge has
ordered the state to keep its prison
population at 95 percent of capac-
ity or face severe fines. No one in
state government likes the federal
court order, but we have to
comply.
We are responding by building
new correctional faciltites as fast
as we can — one new one is slated
for Amarillo - so that we can
end this early-release problem as
fast as possible.
Secondly, you must remember
that the people who are choosing
prison instead of parole are those
who do not have a history of
violent crimes. These usually are
people who commit crimes against
property; that’s why they are
eligible for both probation and,
if they choose prison, early
parole.
The best solution frankly is for
Texas to keep moving in the cur-
rent general direction. We are
building new prisons, and that
will ease the overcrowding problem
which in turn will cut down on
early paroles. Suddenly, real
prison terms will gel longer and
maybe they won't look so much
better than probation.
If we could add a couple of
ingredients to the mix it would
be to improve parole supervision,
so that the prison/early parole
option would seem even less at-
tractive. And then, most important
of all, we would recommend the
state continue its recent efforts
to stress crime prevention.
During the course of our hearings
with the Senate Select Committee
on the Juvenile Justice System,
the evidence has become clearer
and clearer that if we could do a
better job in Texas of rehabilita-
ting juvenile offenders we could
begin closing down prisons in
Texas rather than spending mil-
lions on new ones.
If you have any questions about
itie prison overcrowding problem
or other issues, please write us at
P.O. Box 12068, Austin, Texas,
78711.
Reform Workmen's Comp
Front the Lubbock Avalanche-Journal
"p HE ADVERSARIAL NATURE of the Texas
1. workers' compensation insurance program is
overdue for reform.
The state’s employers are paying premiums
which are among the 10 percent highest but the
employees are receiving benefits which are among
the 10 percent lowest in the nation, according to
Bob Leonard jr., a former legislator who repre-
sents Texans for Equity in Workers’ Compensation
(TEWC).
Obviously, if that's the case, a lot of money is
going into the pockets of lawyers who specialize in
“comp” cases and/or into the administration and
investigation of claims, rather than to employees
who are hurt on the job.
The TEWC, a coalition of employers, says this is
bad for workers, a hardship on business and
industry and a detriment to Texas' economic
development.
One essential remedy, it says, is to change the
Industrial Accident Board’s administrative pro-
cedures in order to eliminate trial de novo lawsuits,
thereby reducing the adversarial nature of appeals
and the profit motive that spurs on contingency-fee
lawyers.
Restricting lump-sum settlements which may
“subvert" the interests of the employer and
employee to those of service providers is another
goal of the TEWC.
A better approach to eliminating bad-faith or
groundless claims also is needed, it says, as are
clearer definitions of terms that Texas’ ultra-lib-
eral Supreme Court has interpreted in a way to
adversely impact on the consumer, who ultimately
pays the cost of workers’ compensation claims.
The system is financed through insurance that
employers buy. The rates went up 2 percent in
1984, marking the beginning of w hat has become a
crisis.
Rates jumped 8.6 percent in 1985, another 30.9
percent later that year, 17.9 percent in 1987 and 25
percent this year, according to the TEWC.
Then, on April 7, the state Supreme Court voted
5-4 “to allow a workers’ compensation claimant to
recover damages from two insurance carriers
outside the scope of — and in addition to — his
admitted workers’ compensation benefits," it
says.
Two of these, Kilgarlin and Robertson, are on
the ballot this fall, which is when voters can begin
to clean house and restore the Texas Supreme
Court to its former stature. But the main reform
work must be done legislatively.
Leonard says a fair and equitable plan should
end spiraling rate hikes, result in higher benefits
for disabled workers and their dependents, reduce
the incidence of fraudulent and excessive claims
and the profiteering by plaintiffs' lawyers, make
the system work better, improve the Texas
business climate, and benefit consumers.
That would be a good day’s work.
Panhandle
PHONE 323-6432
Veterinary
OFFICE HOURS
8-6 M-F, 8-12 Sa?
Service
LOCATED South HWY
JOSEPH
60-83 on West Side
PRAEGER,
AFTER HOURS Call
D.V.M.
323-5411
letters
to the editors
Dear Editor:
Lottie and 1 were very hurt to
learn as we were leaving on
vacation that someone had stol-
en the flags from the flagpole at
the Museum.
We had noticed Wednesday
(the second anniversary of
Bruce’s death) that the flags
were down. We assumed they
had been taken down for laund-
ering or something. These flags
cost $84. and were nearly new.
We hope that the person or
persons who took these flags
will return them. Someone
knows who took them. We hope
they will come forward with this
information. 1 cannot believe
that someone locally did this
cruel deed.
We will purchase additional
flags as it is our intention to
provide flags for this pole as
long as we are able to. We feel
this is what our son would want
if he were here. The Museum
Board has done such a fine job
we hate to see someone de-
stroying what has been provid-
ed.
EUGENE THOMPSON
Editor’s Note: The flags were
returned to the museum, anon-
ymously, in a paper bag last
Friday morning, and are now
flying again. Police were inves-
tigating the theft. Both the
American flag and the Texas
flag were un-damaged. If steal-
ing the flags was a prank,
nobody was laughing.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Ezzell, Ben & Ezzell, Nancy. The Canadian Record (Canadian, Tex.), Vol. 98, No. 26, Ed. 1 Thursday, June 30, 1988, newspaper, June 30, 1988; Canadian, Texas. (https://texashistory.unt.edu/ark:/67531/metapth519868/m1/4/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Hemphill County Library.