Petition Statement
I am requesting emergency legislation that will make all prisoners not under a sentence of death, including Article 42.12, Section 3g (offenders) of the Texas Code of Criminal Procedure, eligible for release on parole upon reaching 20 consecutive years of confinement; or, alternatively, legislation which creates a “special supervision” (release) for the aforementioned prisoners. Also, I request this proposed legislation will include a clause to implement a mandatory release for prisoners with 20 consecutive years of confinement or more, who have completed the requirements of their individual “Inmate Treatment Plan” (ITP).
Petition Background
In the Texas Department of Criminal Justice (TDCJ), there are too many offenders, who have been incarcerated 20 consecutive years or more. Despite being rehabilitated, some have received parole set offs – while far too many have been denied any consideration due to the current legislative construction of parole laws. This is not only unfair, but inhumane. Particularly, when the status quo creates predicaments where prison sentences virtually become indefinite terms of slavery or bondage.
Without question, it’s understood in the interest of justice that prison sentences and prisons should be equally for punishment as they’re ideally for rehabilitation. Nevertheless, justice itself is frustrated when either component is overlooked, unbalanced, or used as an instrument of oppression.
Therefore, it’s fair to say, the scales of justice are broken in Texas. Right now, legislators are failing the numerous offenders, who have spent 20 consecutive years incarcerated in TDCJ. Especially, those in this lot who walked into prison young; and subsequently have outgrown delinquent behavior and criminal thinking. It’s more shocking and unfair that an unreasonable percentage of these are first-time offenders.
Undoubtedly, this a serious problem. A problem that doesn’t rest solely upon the excessive sentencing from their trial courts, but hinges primarily on the ongoing lack of viable legislation – which would allow them to be interviewed and released by the Texas Board of Pardons and Paroles (BPP) before reaching the legislative requirements of 30 and 40 calendar years to become Parole eligible. Moreover, it’s a problem amplified by the consistency which legislative leaders disregard offenders confined 20 consecutive years or more – simply because many have been classified, strictly by their crimes, as violent (“3g offenders”).
This totally ignores their current character, and what is blatant: “Change in character, whether positive or negative, will occur over the expanse of 20 consecutive years.” Thus, it’s worthy to note, there are a significant number of these same offenders, who have defied the “incorrigible” and “violent” labels society, courtrooms and legislators have placed on them.
Yes, against inconceivable odds, many of these offenders (who have spent 20 consecutive years or more in prison) have truly transformed their lives. Some have utilized their time academically to earn college degrees, or acquired vocational training in various trades, and now maintain exemplary conduct. Notwithstanding the common pressures and oppressions associated with incarceration, many of them have also completed (long ago) the requirements set by TDCJ for their personal ITP.
Ultimately, they have done everything to merit immediate release – whether by parole, or alternatively our legislative leaders creating some type of special supervision to rectify this problem.
Frankly, the balance can only be restored at this juncture by recognizing our marred system has served its purpose in their lives; and thus, any further confinement for them is pointless and barbaric. Without a doubt, 20 consecutive years in itself is beyond long enough. It’s time legislators give these rehabilitated offenders a second chance at life.