View Full Version : violating parole by not paying fees to the PO in Texas???


katnau
04-07-2006, 02:25 AM
Hi everybody,

I could not open the FAQ-page about Texas. That's why I post my question here.
Well, yesterday was his last appointment with his parole officer. He did 5 years on parole successfully.
Then yesterday he was told that he would have to pay 800 $ for the supervising and crime stoppers. He has to pay it within 8 days. If he doesnt pay it, it would be a violation of the parole and he would have to do all the parole time in prison.
He had not been told all those 5 years that he has to pay something he said.
Of course he doesnt have such an amount and can't pay it within 8 days.

I dont question paying those fees. Im wondering if it is right to demand it in such a short time. Why dont they have to pay it monthly?
And is it really a violation of parole?
Im kinda helpless...
will appreciate any answere!

thanks

Texasfem
04-07-2006, 04:56 AM
From what I am told he should have paid an amount to the PO officer each month he saw him. I guess instead they waited till the end of his parole and added it up and now they want the full amount. He must do what he can to get that money to them or it violates his parole. This is very important with the entire parole process. Good Luck!

Searcher
04-07-2006, 05:44 PM
I would almost guarantee you his court paperwork indicated these fee's and it was his responsibly to read this and make payments. A good PO would remind an offender of this every time he/she saw the offender but even if they do not it's the offender who is held responsible to read his court judgment, conditions etc. and follow the orders in these documents.

Searcher

jessnkat
04-07-2006, 06:43 PM
Good Lord! I'm going to have to have Jess re-read his paperwork VERY carefully and make sure that we didn't overlook something!!

He pays each month when he reports to his PO.......

Searcher
04-08-2006, 06:07 AM
It's not uncommon for me to get an offender transfered to me from another part of the state and when I meet the offender I ask if they have been paying their supervision fee's, I get "what, what fee's". I then look it up in our data base and see the man owes $400 and he's about to get off in a few months and can't catch up that fast. Offender say my last PO never mentioned this and my response is to pull out his file and show him where he signed his court papers indicating he read and understood the conditions and judgment (not to mention he gets a copy). No that it would matter but if I actually went and asked the last PO if he/she ever reminded offender to pay the fee's they just claim of course they did.

Searcher

CenTexLyn
04-08-2006, 06:35 AM
First things first...before someone has a period of parole or mandatory supervision revoked, there has to be a warrant that issues. At different times, the Parole Division has gone on kicks about fees and restitution, but in all my years, I have yet to see anyone that was revoked SOLELY for non-payment of fees.

Further, without knowing the offense, it is impossible to say whether he would actually have any time that he still owes even if he DID get revoked. If he has an offense that is eligible for street time retention, then he would be discharged as soon as a revocation posted to the computer since that would take more than 8 days to complete.

The same thing holds true with restitution. I have seen the Division try to push the issue about three months shy of expiration on people that still owed several hundred thousand in restitution. I have yet to see a warrant issue on any of them except and unless there were other violations of supervision.

While I cannot rule out a warrant issuing and a hearing being conducted, my experience suggests that it is more huff and puff to collect some funds than anything else. The releasee needs to be aware though that the balance will remain and be in the computers if they ever come back to TDCJ for any reason...I'm not aware of anyone having ever litigated that issue.

Searcher
04-08-2006, 07:43 AM
I've revoked hundreds of people's probation for not paying restitution, supervision fee's and/or fines, as well as many other states as I supervise people who have transfered to my state from all over the US. However, I see CenTXLyn post as likely being more accurate to the original question as it was referring to Parole not Probation and I am referring to Probation. I'd still ref to my other post, they can demand it in such a short time because I'd bet the paperwork demanding it from day one of release.

Searcher

CenTexLyn
04-08-2006, 08:20 AM
I've revoked hundreds of people's probation for not paying restitution, supervision fee's and/or fines, as well as many other states as I supervise people who have transfered to my state from all over the US. However, I see CenTXLyn post as likely being more accurate to the original question as it was referring to Parole not Probation and I am referring to Probation. I'd still ref to my other post, they can demand it in such a short time because I'd bet the paperwork demanding it from day one of release.

Searcher

I would have had no question at all about your original response had we been discussing probation. I have seen probation revoked on fees only. However, at least in Texas, probation and parole are entirely different processes.

And, while I have no problem with the position of the demand on short notice (fees are, after all, incorporated into the release certificate), it simply is not a matter that rises to the level of revocation in the great majority of cases about to discharge. And with the advent of the 1649 credits, even if there is a revocation, it doesn't alter the fact that most people are going to discharge the sentence anyhow. Let's face it...if someone owes eight days when the warrant issues, that eight days is all that they would be accountable for if they retain street time credits...and since the rev process takes (on average) 30 days, the smart thing to do is simply waive the hearing to shorten the process and if a revocation occurs, the sentence will be done as soon as it hit Huntsville and if there is a continue supervision decision, then again, the sentence is done as soon as the warrant withdrawal hits the county jail desk.