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Texas taxpayers will save money while improving the rehabilitation of petty criminals under Rep. Canales’ measure approved by Texas

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Rep. Terry Canales, D-Edinburg, on Tuesday, May 5, secured passage by the House of Representatives of his House Bill 1015, which will help Texas district judges rehabilitate petty criminals while they pay their debts to society.

Photograph By HOUSE PHOTOGRAPHY

Texas taxpayers will save money while improving the rehabilitation of tens of thousands of petty criminals every year, many of them serving drug-related sentences, under legislation by Rep. Terry Canales, D-Edinburg, which was approved on Tuesday, May 5 by the House of Representatives. House Bill 1015 would require the Texas Department of Corrections, which supervises 19 state jails in Texas, to notify a district judge, about two weeks ahead of time, when a felon sentenced in their court will have been locked up in a state jail for 75 days. Currently after the first 75 days served in state jails, offenders can be bench warranted back into community supervision, yet experts testified that this rarely occurs because judges do not have an adequate mechanism to monitor this benchmark for each offender, according to a 2014 study by the House Committee on Criminal Jurisprudence, of which Canales is a member. “State jails are notorious for being more expensive than even state prison, and for offenders who are serious about straightening out their lives, a judge can bring them back home for meaningful rehabilitation programs, diversion treatment, and community supervision, which costs taxpayers a fraction of keeping them in state jails,” Canales said. When the Texas state jail system was first created in 1993, it was intended to remove petty-criminals – many of them convicted of drug-related crimes – from contact with violent offenders as found in the prison system, reduce overcrowding in the prison system, and emphasize treatment and rehabilitation with the goal of reducing the chance those felons would wind up in trouble with the law again, the House committee study noted. But, Canales said, the state jail system – which currently houses around 10,000 “detainees” – is failing because it has is now used for warehousing inmates with no programs to provide rehabilitation. “Right now, no one lets the judge know when an offender who was sentenced in their court can begin the journey to becoming a law-abiding citizen, and instead, they wind up being forgotten for up to two years,” he added. “House Bill 1015 would let our judges take the important steps needed to prepare these offenders to return back to society, as they pay their debt to society.” The reliance on keeping offenders in state jails over community supervision has been criticized for costing taxpayers more money per offender, the House committee noted in its legislative findings, which were published on January 12, 2015. State jails average about $43 per day per offender. This cost is less than prison inmates cost per day, but when one takes into account the higher recidivism rate of state jail offenders, the fact they do not receive meaningful rehabilitation programs, and no parole, the cost is a poor return on taxpayers’ investment; especially for repeat offenders. In comparison, diversion treatment and community supervision costs an average of $10 per day. Therefore, state jails are no longer the backup to community supervision, but are the primary response to state jail felonies with minimal rehabilitation opportunities and maximum sentences served, the legislative committee also concluded. Canales credited Nueces County 117th District Judge Sandra Watts for bringing the issue to light when she testified before the House Committee on Criminal Jurisprudence during its public hearing held in Corpus Christi on Tuesday July 29, 2014. Canales credited Nueces County 117th District Judge Sandra Watts for bringing this and other issues to light when she testified before the House Committee on Criminal Jurisprudence during its public hearing held in Corpus Christi on Tuesday, July 29, 2014. Following House passage of HB 1015, Watts reflected, “This bill is another example that Texas is moving towards a ‘Smart on Crime’ approach and away from the ‘War on Drugs’.” During her testimony last summer before the Criminal Jurisprudence Committee, Watts told lawmakers that when the concept of state jails was first introduced, a key goal was to give nonviolent offenders a wake-up call about the consequences of their actions, then bring them back home on probation and rehabilitation. “Problem number one is you are assuming, or the law assumed, that there was a mechanism in place where judges would have a list of everybody they sent away (to state jails). There is no way,” Watts said. “The statute says that after they have served at least 75 days, the district judge has the ability to bench warrant them back and put them on probation. I’m probably as computer literate as they come, and I have spreadsheets about all my inmates, but I can’t keep up with who I’ve sent or this time period.” To further illustrate the need for HB 1015, Watts noted that in 2011, there were 23,000 detainees who went through the state jail system. “Of those 23,000, only 158 in that calendar year were bench warranted (court-ordered) back and put back into community supervision,” she explained. “The intention was perhaps good but has been underutilized. It is not working as perhaps the Legislature in 1993 thought that it would, mainly because of the masses of detainees or the defendants we deal with. We do not have anyway to track them, keep them in our mind.”

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Legislation to raise millions of dollars, without a tax increase, for construction or renovation of Hidalgo County Courthouse passed by Senate, awaiting action by House of Representatives

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Featured, from left: Hidalgo County 332nd District Court Judge Mario E. Ramírez, Jr. and Robert “Bobby” Villarreal, Economic Development Director for Hidalgo County Judge Ramón García, on Tuesday, March 3, addressing the Hidalgo County Commissioners Court at their meeting at Edinburg City Hall.

Photograph By JACLYN TREVIÑO

Legislation that could raise between $1 million and $2 million a year for the next 30 years to help pay for a new courthouse or renovations of the existing, 64-year-old facility in downtown Edinburg – without increasing property taxes – has been approved by the Senate and is awaiting final action by the House of Representatives. Senate Bill 1964, by Sen. Juan “Chuy” Hinojosa, D-McAllen, was approved by the Senate on Wednesday, April 29, and will be carried (sponsored) by Rep. Armando “Mando” Martínez, D-Weslaco, and Rep. Terry Canales, D-Edinburg, in the House. As of the end of Wednesday, May 6, SB 1964 or the identical measure, House Bill 2868, authored by Martínez/Canales, had not yet been set for a vote by the full House of Representatives. On Wednesday, May 6, Canales signed on as a joint author of Martínez’ HB 2868, publicly throwing his support for the effort which could result in the construction of a $100+ million courthouse in the heart of his House District 40 legislative district. “The Hidalgo County Courthouse complex is one of the major economic engines, along with the University of Texas-Rio Grande Valley and its School of Medicine, that is part of a tremendous revitalization that is going on in deep South Texas,” Canales said. “Just as important, South Texans need a courthouse that provides a safe and secure environment for the administration of justice for individuals and businesses.” Both measures carry the same language, which would allow Hidalgo County to assess a user fee through certain court cases and recording fees to help fund a new courthouse. The new revenue would be generated by adding a $20 fee to the filing of each civil case in Hidalgo County, and be adding a $10 charge to the fee required by the county government for recording the title, mortgages and other liens against property. “SB 1964 allows Hidalgo County to collect a civil courts filing fee similar to the one currently collected in Bexar, Hays, Dallas, Rockwall, and Travis Counties and other courts to assist with the costs of renovating, improving, or constructing new courthouse facilities,” said Hinojosa. On Tuesday, March 3, the Hidalgo County Commissioners Court unanimously approved endorsing the legislation, with Hidalgo County 332nd District Court Judge Mario E. Ramírez, Jr. expressing the support of the Hidalgo County judiciary. During that public session, Hidalgo County Judge Ramón García explained the importance of securing the support for the Hinojosa measure from the judges who lead the county’s system of district, county, and probate courts. “We want to make sure the community is aware that the judiciary is totally in support of our efforts in trying to do what we can to build a new courthouse here in the county, and one of those efforts involves our legislators, specifically Sen. Hinojosa, that will allow the assessing of user fees, or an additional filing fee, to help come up with with somewhere between $1 million to $2 million (a year) that will be set aside and used for a payment of a new courthouse facility,” said García. Ramírez, the senior judge for Hidalgo County, and the longest-serving, currently presiding judge in the 5th Region of Texas, agreed for the need for the legislation. “Speaking for the judiciary, it is really, really obvious that we need a new courthouse. We try cases over there, Judge (García), with multi-parties, and courtrooms are too small. There is no place to put the jurors, the jurors are uncomfortable, and we are unable to try the large, big cases that we have with multi-parties in the space that we have at the present time.” Ramírez added, “It is unsafe at the courthouse, it is not secure, there are many, many problems, and certainly, the judiciary stands united in supporting this resolution.”

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Juvenile justice reform by Rep. Canales approved by House to help rehabilitate Texas youths charged with illegal drug use

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Featured, on the floor of the House of Representatives in February 2015: Rep. Terry Canales, D-Edinburg, and Rep. Donna Howard, D-Austin.

Photograph By HOUSE PHOTOGRAPHY

Texas judges would have a new, proven tool for juveniles who are placed on community supervision or deferred disposition (commonly called probation) for illegal drug use under legislation passed out of the Texas House by Rep. Terry Canales D-Edinburg. Judges would be able to require these youth to attend state-approved substance education programs. Under his measure, House Bill 642 – which was approved by the Texas House of Representatives on Thursday, April 30 – a presiding judge would have the authority to require a young offender, under age 18, to attend a class focused on the terrible consequences of unlawful drug abuse as a requirement for avoiding a harsher penalty or permanent criminal record. “Currently, minors who are convicted of drug offenses can be required to attend an alcohol awareness program. These programs are designed to help increase a minor’s awareness of the potential dangers and detriments of alcohol use,” Canales explained. “Unfortunately, this requirement does not extend to minors who are placed on deferred disposition or community supervision for drug-related offenses.” Deferred Disposition is a form of probation, which allows for dismissal of a charge if certain criteria(s) are met. Community supervision means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period. But, many young people who commit these offenses – often minor in nature – are entering pre-trial programs where they are not actually convicted of the crime, the House 40 state lawmaker continued. “A large percentage of juvenile crimes are misdemeanors involving kids with small amounts of drugs. These kids do not need to go to jail. They need an approach tailored to their issues,” Canales said. “Judges need more power to require local programs aimed to help our youth.” According to the bill analysis of Canales’ HB 642: The bill would amend the Code of Criminal Procedure and Family Code to permit a judge to require certain defendants, as a condition of community supervision, to attend and complete an alcohol awareness program, approved under Section 106.115, Alcoholic Beverage Code or drug education program, approved by the Department of State Health Services. The bill would require a judge to order the defendant to pay the cost of attending the program, unless the defendant is found to be indigent or unable to pay the cost. Under certain circumstances, the judge would be permitted to require the defendant’s parent or guardian to pay the cost of attending the program. Under the provisions of the bill, the Department of State Health Services would be responsible for the administration of the program, provide training to a person who provides the program, and would be required to adopt rules regarding the drug education program. Canales, an attorney, said one of the many reasons for his legislation is simple: “We can’t just keep pushing kids into prison and hoping that they’re going to get better.” Educational awareness can combat the prevalence of illegal drug usage, and drug-associated criminal activity, he contended. “Our youth need to be made more aware of the mental, behavioral, and physical dependencies caused by drug and alcohol abuse. According to the American Psychological Association and the American Medical Association, drug and alcohol addiction is a disease,” Canales said. “Juvenile offenders in general are more likely to struggle with mental health and substance abuse issues. My bill will help these young Texans get on the right path.” Canales, a member of the crime-fighting House Committee on Criminal Jurisprudence, said he continues shaping legislation that will include battling violent thugs, locking up sexual predators, capturing drug dealers, and putting away robbers, burglars, and swindlers. But he also agrees, especially in the case of a young person who has not yet reached adulthood, that in Texas, everyone who deserves a second chance should get one. “We should not want to destroy the life of a such a young person for a simple mistake or a lack of judgment,” Canales said.

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Texans who use non-traditional financing known as “contracts for deed” to buy their home would receive key protections under Rep. Canales’ measure approved by House of Representatives

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Featured, from left: Rep. Terry Canales, D-Edinburg, and Rep. Morgan Meyer, R-Dallas, reviewing legislation earlier this spring at the Texas Capitol.

Photograph By HOUSE PHOTOGRAPHY

Thousands of Texans who purchase their homes through non-traditional financing known as contracts for deed would be better safeguarded from losing their investment under legislation by Rep. Terry Canales, D-Edinburg, which was approved on Thursday, April 23, by the House of Representatives. “I am honored to announce that House Bill 311 has passed the Texas House,” said Canales. “This important legislation will help protect Texas homebuyers from unscrupulous sellers. For most Texans, our home is the most expensive purchase we will make in our lifetime and it is paramount that we protect that investment.” Contracts for deed oftentimes are used when traditional financing, such as mortgages through a financial institution, is not available. Many of the estimated half-million Texans who live in colonias are at risk because they buy their homes through contracts for deed. Contracts for deed, also known as executory contracts, are contracts for the sale of land – usually residential property – where the seller keeps title to the property until the buyer has paid the full contract price. “Most of these contracts are long-term arrangements, lasting eight to 10 years on average,” Canales, an attorney, explained. “In that time, lots of things can go wrong. Sellers die, get divorced, or just disappear. Buyers have a difficult time getting homestead exemptions for their taxes, buying insurance, refinancing, or doing other things property owners with a deed can do.” A deed is a written instrument that, when executed and delivered, convey (transfer) title to or an interest in real estate. HB 311 would automatically require contracts for deed to convey (transfer) the title to the homebuyer, and would encourage these contracts to be legally recorded, which establishes ownership of the residence. Canales said HB 311 would help improve an outdated system of property transactions. “Unfortunately, contracts for deed are structured in a way that allows for abusive practices to arise,” the House District 40 lawmaker explained. “Buyers who complete their payment are not guaranteed the conveyance of title, and if the buyer defaults, they may lose any payment that they have already paid. When not recorded, buyers face less protection and risk losing their property.” Problems caused by contracts for deed, especially in colonias in Texas, were highlighted in a feature article, Colonia Contracts, published by UTLaw Magazine in its December 2012 edition (www.utexas.edu/law/magazine/2012/12/10/colonias-contracts/). Key excerpts from Colonia Contracts follow: Many of Texas’ poorest residents, perhaps half a million according to some studies, live in colonias – a Spanish term referring to informal housing settlements located near the Texas-Mexico border. Similar communities, known as “informal homestead subdivisions,” exist on the outskirts of cities in the interior of Texas. Residents of these communities often endure difficult conditions such as the lack of reliable plumbing or electricity and shoddy housing construction. But they also often endure the risks and financial dangers that come with a lack of a bank-financed mortgage on their property. Many colonia residents buy their land through “contracts for deed,” which are often issued by the original property owners as “pay to own” contracts, and may be as informal as a handwritten deal written on notebook paper. In 2011, the Texas Sunset Advisory Commission requested that the Texas Department of Housing and Community Affairs commission a study to assess the prevalence of contracts for deed in colonias. Peter M. Ward, C.B. Smith Sr. Centennial Chair in US-Mexico Relations at the LBJSchool; Heather Way, ’96, director of the Law School’s Community Development Clinic; and Lucille Wood, 2011–2012 Research Fellow at the WilliamWayneJusticeCenter for Public Interest Law, were contracted to direct the study. The informality of contracts for deed means that colonia residents are often at risk of unclear title to their homes, which can complicate sales immensely and put property owners at great risk. “Buyers risk losing their properties, their homes, and all of the money they’ve put into those properties and homes,” said Wood. “Everything.”

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“Right to Try Act”, coauthored by Rep. Canales, approved by Texas House to help dying patients finally have access to experimental medicines

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Featured, Rep. Terry Canales, D-Edinburg, and Rep. Senfronia Thompson, D-Houston, in the Chamber of the House of Representatives, and both co-authors of the potentially life-saving “The Right To Try Act”.

Photograph By HOUSE PHOTOGRAPHY

Texas is getting closer to becoming one of a handful of states to allow terminally ill patients, through their doctors, access to experimental but potentially life-saving drugs not yet on the market, but which have cleared initial review by the U.S. Food and Drug Administration. House Bill 21, whose primary author is Rep. Kyle Kacal, R-College Station, is based on a concept known as “Right to Try”, which advocates at the national level for many years have been championing as a humane and necessary option for gravely-ill patients who have no other legal last resort in Texas. HB 21 was approved by the House of Representatives on Wednesday, April 22. HB 21, coauthored by Rep. Terry Canales, D-Edinburg, would allow a dying person, with the consent of their physician, to receive promising new medication that has passed the first phase of the FDA’s rigorous review process, but which has not received final approval. “During this long process, people may die waiting for the FDA to approve potentially life-saving medicines,” said Canales. “HB 21 would help protect physicians and drug manufacturers from legal liability. But most importantly, it would provide a person another chance at life when there is no hope, which is what all of us would want for ourselves and our loved ones.” This legislation seeks to establish a remedy to this situation, he contended, explaining that the proposal “seeks to cut through the FDA’s red tape as the FDA is determining whether a drug is safe enough to bring to market.” Canales, who had also filed similar legislation, joined forces with Kacal to help successfully move the issue through the House of Representatives. Arizona voters on Tuesday, November 5, 2014, passed Proposition 303, a state ballot measure giving terminally ill patients the right to try investigational medicines that have passed the first phase of FDA approval but still may be years away from reaching pharmacy shelves. “Right to Try” is already law in Colorado, Louisiana, Michigan and Missouri, where it passed with overwhelming bipartisan support in all four states. Arizona is the first state to pass the law by voter initiative. A similar measure, Senate Bill 694 by Sen. Paul Bettencourt, R-Houston was approved by the Senate on Thursday, April 9, and is awaiting action in the House of Representatives. “In these fairly uncommon situations, time is a predator, that it is unconscionable that government is standing in the way of a potential cure,” Bettencourt said. In explaining the intent of the “Right To Try Act”, Canales outlined the key processes required by the FDA before a new drug is approved. “There are four phases in the drug review process by the FDA, which can take as longer than a decade to complete, far too long for critically-ill people who have not been helped by available medications and treatments,” the South Texas lawmaker said. Phase I alone, on average takes almost two years to complete. “Right to Try” has bipartisan political support, including from the Goldwater Institute of Phoenix, Arizona, which was founded in 1988 with the blessings of the late Sen. Barry Goldwater, a national conservative leader and Republican presidential nominee in 1964. He served in the U.S. Senate for 30 years until his retirement in 1987. According to the Goldwater Institute, even a program by the FDA to allow a critically-ill patient, with the consent of his/her physician, to use experimental drugs takes too long. The FDA, whose extensive duties include ensuring that medicine is safe and effective for human use, is a huge federal agency with almost 15,000 employees and a $14 billion operating budget. Such a massive government organization makes it difficult to overcome overwhelming bureaucratic red tape and related delays. As a result, the Goldwater Institute contends that such bureaucratic impediments violate an individual’s fundamental right to try to save his own life. Unfortunately, the federal government has shown little interest in reforming the FDA as bills to reform the process for terminal patients have been introduced, but have never received a vote in Congress. State legislators, however, have the opportunity to protect their citizens’ right to try investigational medications by enacting Right to Try measures. These measures would ensure the right to protect one’s life by returning medical decisions where they belong – to patients and doctors. “Terminally ill people don’t have time to wait for new drugs to make their way through the decade-long approval process. Prop 303 lets patients work directly with their doctors to access promising investigational medicines now,” said Darcy Olsen, president of the Goldwater Institute. The FDA has a process that allows people to seek permission to access investigational medicines. This “Compassionate Use” process takes hundreds of hours of paperwork and time to navigate. While many people ultimately receive FDA permission, there are dozens of documented cases of people dying while waiting on their approval. “Americans shouldn’t have to ask the government for permission to try to save their own lives,” said Olsen. “They should be able to work with their doctors directly to decide what potential treatments they are willing to try.”

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