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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