Texas House Bill HB358

Texas 2021 - 87th Regular

Caption

Relating to certain technical violations of conditions of community supervision.

Impact

One of the key features of HB358 is that it prevents the revocation of community supervision for defendants who violate no more than three conditions under specific circumstances. Instead of revocation, judges are encouraged to modify or extend the community supervision, rather than impose confinement. This change aims to reduce the number of individuals incarcerated due to minor technical violations, thus addressing the overcrowding issues in Texas prisons and promoting rehabilitation over punishment.

Summary

House Bill 358 introduces new procedures concerning technical violations of conditions of community supervision in the State of Texas. The bill aims to provide judges with a framework for handling violations committed by defendants, particularly those who are under community supervision for state jail felonies or third-degree felonies. This legislation seeks to differentiate between various types of violations, allowing for a more tailored judicial response depending on the severity and nature of the breach.

Contention

The bill delineates certain serious violations that would remain grounds for revocation, such as new felony charges, contact with victims, or firearm possession. There is concern among critics that while the bill is a step towards reform, it may lead to inconsistencies in how judges interpret the discretion granted to them. Some argue that judges may vary greatly in their responses to similar situations, which could lead to disparities in how justice is administered. Others feel that the thresholds set by the bill may still leave room for potential misuse, and they call for further clarity in the provisions.