House Criminal Jurisprudence Invited Testimony February … · OFFICE of COURT ADMINISTRATION House Criminal Jurisprudence. Invited Testimony. February 27, 2017. Office of Court Administration,

OFFICE of COURT ADMINISTRATION

House Criminal JurisprudenceInvited TestimonyFebruary 27, 2017

Office of Court Administration, Texas Judicial CouncilDavid Slayton

Administrative Director1

OFFICE of COURT ADMINISTRATION2

OFFICE of COURT ADMINISTRATION

Texas Judicial Council• Policy-making body for the Judicial Branch• 22 members – Judicial, Legislative, Executive Appointees

• Chief Justice, Chair• Presiding Judge, CCA – Vice Chair• 2 appellate justices• 2 district court judges• 2 county court judges• 2 justices of the peace• 2 municipal court judges• 2 senators• 2 representatives• 6 public members appointed by Governor

• Executive Director – statutorily Administrative Director, OCA• OCA provides staff support

3

OFFICE of COURT ADMINISTRATION

Texas Judicial Council Efforts & Accomplishments

• Data Collection Improvements• Juvenile Justice

• School Ticketing Reform• Decriminalization of failure to attend school

• Guardianship• Strengthened guardianship alternatives and procedures in

guardianship cases

• Pretrial Detention Reform (Current)• Mental Health Improvements (Current)• Elder and Incapacitated Adult Exploitation Reforms (Current)• Courthouse Security Improvements (Current)• Criminal Court Cost Assessment Improvements (Current)

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OFFICE of COURT ADMINISTRATION5

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

Pretrial Population in Texas Jails by Year

PT Felons PT Misd PT SJF % Pretrial

Judicial Council has proposed pretrial bail reform

Annual cost to house pretrial inmates = $908 million

OFFICE of COURT ADMINISTRATION

Texas Judicial Council Reports on Mental Health and Pretrial Reform

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OFFICE of COURT ADMINISTRATION7

Statistical Information from

approximately 2800 courts across Texas

OFFICE of COURT ADMINISTRATION8

The number of new misdemeanors cases punishable by fine only continue to decline. Filings fell by 5% overall from the previous year.

Traffic and Parking9.1

5.7

Non Traffic2.1

1.40

2

4

6

8

10

87 92 97 02 07 12

Mill

ions

Fiscal Year

-17%

13%

-1%

-27%

-39%

-5%

5-Year

-3%

15%

7%

-7%

-22%

-8%

State Traffic Laws

Parking

Local Traffic Ord.

Non-Traffic - Penal Code

Non-Traffic - Non Penal Code

Local Non-Traffic Ord.

From Previous Year

Change in Filings

OFFICE of COURT ADMINISTRATION9

The amount of court costs and fines assessed in totaled over $1 billion.

5,373

12,553

121,867

Waived forIndigency

CommunityService

Jail Credit

Kept by County62%

Remitted to State38%

28,369

54,227

519,803

Waived forIndigency

CommunityService

Jail Credit

Kept by City67%

Remitted to State33%

Justice Courts Municipal Courts

OFFICE of COURT ADMINISTRATION10

The number of Class C cases involving juveniles or minors declined by 36% overall from the previous year and by 60% over the last 5 years.

-13%

-48%

-46%

-35%

-63%

-57%

-72%

-92%

-95%

-76%

5-Year -7%

-8%

-3%

1%

-12%

-15%

-11%

-91%

-62%

-71%

Traffic

Alcohol

DUI

Drug Paraphernalia

Tobacco

Local Daytime Curfew

All Other Non-Traffic

Failure to Att. School/Truancy

Other Education Code

Parent Contrib. to Nonattendance

From Previous Year

Change in Filings

OFFICE of COURT ADMINISTRATION11

585,499

414,605

200,000

400,000

600,000

87 92 97 02 07 12Fiscal Year

The number of new Class A and B Misdemeanors continue to decline. Filings have fallen by 29% since 2007.

-13%-16%

-26%-61%

3%14%

-4%-23%

-13%-9%

-3%-30%

5-Year

Change in Filings

-0.1%

-3%

-33%

-28%

7%

12%

-3%

-8%

-9%

-2%

2%

-8%

DWI 1st

DWI 2nd

Theft

Theft by Check

Marijuana Possession

Other Drug Offenses

Family Violence Assault

Other Assault

Traffic

Suspended/Invalid License

Other Misds.

Appeals from Lower Courts

From Previous Year

OFFICE of COURT ADMINISTRATION

The number of new Felony cases continue to increase slightly. Filings increasedby 2% overall from the previous year, but have fallen by 6% since 2007.

219,759 207,032

50,000

250,000

87 92 97 02 07 12Fiscal Year 3%

5%7%

-25%-9%

15%-2%

-26%-10%

-2%17%

28%-19%

1%

5-Year

Change in Filings

10%-9%

7%1%

-1%13%

6%-4%

-14%6%

3%7%

-1%4%

Capital MurderMurder, Manslaughter, Homicides

Assault or Attempted MurderSexual Assault of Adult

Indecency/Sexual Assault of ChildFamily Violence Assault

RobberyBurglary

TheftAuto Theft

Drug Sale/ManufactureDrug Possession

Felony DWIOther Felony

From Previous Year

OFFICE of COURT ADMINISTRATION13

46

3

0

20

40

60

87 92 97 02 07 12

Fiscal Year

36%

1%

0%

20%

40%

87 92 97 02 07 12Fiscal Year

The number of new Capital Murder cases continue to decrease.

The number of death sentences declined from 46 in 1995 to an all-time low of 3 in 2016.

Convictions resulting in the death penalty declined from 36% in 1989 to 1% in 2016.

OFFICE of COURT ADMINISTRATION14

12,662

10,035

0

5,000

10,000

15,000

85 90 95 00 05 10 15Fiscal Year

Felony DWI

Theft

26,390

22,604Burglary

27,905

12,629

0

10,000

20,000

30,000

87 92 97 02 07 12Fiscal Year

Auto Theft 5,190

Robbery

7,353

0

5,000

10,000

87 92 97 02 07 12Fiscal Year

Most categories of felony and misdemeanor cases have fallen significantly.

141,790

71,435

0

50,000

100,000

150,000

85 90 95 00 05 10 15Fiscal Year

Misdemeanor DWI

OFFICE of COURT ADMINISTRATION

The number of new applications for involuntary mental health commitments increased by 5% overall from the previous year.

47,619

0

10,000

20,000

30,000

40,000

50,000

98 00 02 04 06 08 10 12 14 16

Fiscal Year

15%

15%

23%

5-Year

5%

-32%

8%

Temporary Commitment

Extended Commitment

Psychoactive Medications

From Previous Year

Change in Filings