Proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.
Impact
The implications of SJR9 are notably substantial for the state's criminal justice framework. By enabling the Governor to grant pardons to those who have successfully completed their terms of deferred adjudication, the bill may facilitate a more rehabilitative approach to criminal justice. This could potentially lead to decreased recidivism rates, as individuals receive a second chance at becoming productive members of society free from the stigma of a criminal conviction. Furthermore, this legislative change may reflect broader trends towards criminal justice reform in Texas.
Summary
SJR9 is a proposed constitutional amendment that aims to allow the Governor to grant pardons to individuals who have successfully completed a term of deferred adjudication community supervision. This bill is significant as it seeks to revise Article IV of the Texas Constitution, specifically empowering the Governor to exercise this authority with the recommendation of the Board of Pardons and Paroles. If passed, the amendment will expand the avenues through which individuals can seek clemency and reintegration into society after fulfilling their community supervision requirements.
Conclusion
SJR9 intends to modernize and improve the existing pardon process for individuals completing deferred adjudication. By allowing the Governor to grant pardons, the legislation could help bridge the gap between punishment and rehabilitation within the state's justice system. Ultimately, the bill embodies a significant step towards addressing issues related to the stigma of criminal convictions and supports a more restorative form of justice.
Contention
While proponents argue that SJR9 promotes fairness and offers a necessary pathway for reintegration, there are concerns among critics regarding the potential for abuse of power by the Governor. Critics may question whether the change adequately safeguards against arbitrary decision-making regarding pardons. Additionally, there may be apprehensions about the Board of Pardons and Paroles' role and influence in the process, particularly how their recommendations align with public sentiment regarding crime and punishment.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to terminate the sentence of a person who has successfully served the required number of years on parole.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.