DNA backlog compromises public safety.

From the Waco Tribune Herald

McLennan County Assistant District Attorney Hilary LaBorde said lab technicians told her recently that it would take 10 months to get DNA results back from the Waco DPS lab. Last spring, she said, the lab was saying four months. Waco Tribune Herald 9-19-2010

Texas law imposes the requirement on the Judge to release a person charged with a crime from custody if they are not prepared to go to trial within a specific amount of time.

Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony

A person charged with continuous sexual abuse of a child could be released from custody because the DNA evidence has not been processed. This can have a significant effect on public safety. As felony suspects are released from custody the potential for them to reoffend increases dramatically.

Texas Code of Criminal Procedure Section 17.44 authorizes the Judge to order electronic monitoring or house arrest as a condition of release on bail.

Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION.  (a) A magistrate may require as a condition of release on bond that the defendant submit to:
(1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate

While Art. 17.151 often requires release on a personal recognizance (PR) bond, Art. 17.44 provides the Magistrate the option to order electronic monitoring.

Seymour Detection Services provides equipment that is Art. 17.44 compliant.

New Technology Coming Soon

In November 2010, Seymour Detection Services will have some new technology available. I am so very excited to announce we will have GPS electronic ankle bracelets that will be able to continuously and actively monitor for marijuana and methamphetamine.

In 2011 we should be able to monitor for cocaine and opiates.

GPS monitoring and alcohol offenders

Donald Dulock was arrested May 8, 2010 for driving while intoxicated. Since it was his second offense, the magistrate assessed a bond of $8,000.00 at arraignment. A little more than 9 hours later Mr. Dulock posted the bond and walked out.

From the Waco Tribune Herald Saturday July 31, 2010
The license was suspended June 12 because he refused to take a breath test after a traffic stop May 7, police said.

The above referenced report further explains Dulock was charged with Manslaughter and Failure to stop and render aid from an incident which claimed the life of James Milton Summers Jr., who worked at Baylor as senior consultant for faculty research for academic and research computing services.

In a recent visit with one local Justice of the Peace (unrelated to this case), we were told how the magistrate had ordered the DWI offender to have a vehicle ignition interlock device installed on his vehicle within 30 days. The magistrate said the defendant in that case filed for an extension which was granted. Before the extension expired, the defendant was re-arrested for DWI. Another magistrate pondered on the use of electronic monitoring for DWI offenders who tell the court they do not have a vehicle the device can be installed on.

Mr. Dulock’s case indicates not having a drivers license offers little incentive to not operate a motor vehicle. In another recent case, even being legally blind did not pose sufficient incentive. The reality is, not having a car is not a guarantee a person will not drive.

Why GPS? Seymour Detection Services goes to the jail and installs the device before the offender is released. The ankle bracelet detects the ethanol level of the wearer and notifies the monitor with an alarm when the ethanol level becomes elevated, indicating consumption of alcohol.

Would Mr. Summers still be alive if the magistrate had ordered electronic monitoring as a condition of bail? There are too many variables for anyone to say conclusively. Alcohol Monitoring with GPS real time tracking is a higher level of supervision than was required in this case. Alcohol Monitoring also provides an incentive for an individual to abstain from the use of alcohol.

GPS monitoring and special case offenders

People who are charged with Texas Penal Code § 25.05. CRIMINAL NONSUPPORT are ordered to serve time in jail for failing to pay child support. It is a major bone of contention because if the person is in jail, how can the individual support his/her family? What other option exists for parents who refuse to support their children? Ask any custodial parent in this situation and you will hear that collection of child support from a parent who does not want to pay is a nightmare labyrinth of court appearances and paperwork.

From the perspective of a taxpayer, why are we paying for “three hots and a cot” for a deadbeat? The majority are not violent offenders and many have not been charged with any other crime.

This class of detainees are especially suited for house arrest via electronic monitoring. The restriction of the person's movement provides incentive for the individual to comply with the law while also allowing them to attend work with little or no cost to the taxpayer.

GPS monitoring and offenders with special medical needs

Waco Tribune Herald Monday July 26, 2010
The sheriff’s office is anticipating a savings of more than $775,000 on spending for jail medical services this fiscal year, which ends in September.

The above news story demonstrates significant expense to the taxpayer for the small group of incarcerated people who have special medical needs. More than three quarters of a million dollars is a significant amount of money even when you are talking about a $116,000,000.00 annual budget.

We recently had a conversation with a magistrate who pondered about the use of house arrest for a defendant, charged with a non-violent crime, who needs dialysis three times a week. The defendant had other medical conditions and as a result, the cost to taxpayers to house this person was significant. More importantly, the magistrate explained that due to the defendants condition, significant liability was also involved. The magistrate further pondered about sentencing this person to house arrest. You see, the county/taxpayers are only liable for the medical needs of a person while in custody in the jail. While the average cost to taxpayers to house a person is around $45.50 a day, for a special needs medical patient, the cost can be hundreds of dollars a day.

The benefits of a person being on house arrest are also compounded when it is taken into account the offender could hold down a job and provide for the individual's family rather than sit in jail.

GPS monitoring and Sex Offenders

According to The Legendary reporting, Benjamin Morrison was released from custody on bond for the charge of Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN of the Texas Penal Code. Reports indicate he was released from custody on June 1, 2010. On Wednesday August 4, 2010, a grand Jury returned indictments for the afore mentioned offense and others.

One of the main barriers to magistrates ordering GPS monitoring as a condition of release is the burden placed on the defendant to pay for the monitoring. Morrison lists his place of employment as Acer Computer in Temple. He was gainfully employed and the monitoring is about equal to or less than one hours pay a day.

GPS monitoring would have addressed the more pressing issue detailed in the report. After more than 48 hours, Morrison is still at large. Had electronic monitoring been ordered by the Magistrate as a condition of bond, the movements of the defendant would have been monitored in real time via GPS satellite technology. Upon indictment, law enforcement would have simply had to call the company monitoring Morrison and his exact location would have been made available.

Texas must move quickly to embrace technology as a public safety issue. Why was a man charged with multiple sexual offenses against children released from custody without electronic monitoring? The technology only recently was made available and the authorities may not have known the service existed. Citizens must demand a higher level of accountability.

Seymour Detection Services
About the Owner

Technorati Tags: House arrest,electronic monitoring,jail,sex offender,Seymour,ankle bracelet,indict

About the owner.

Welcome to my Blog. My name is Utahna Gates and I am the owner of Seymour Detection Services. I live in a small Central Texas town with a population of about 2000. My formal education is health-care related and I worked as a Physical Therapist Assistant for over a decade. Due to changes in the health care industry, I got the formal training to become a Computer Forensic Analyst and my A+ Computer Certification. In 2007, the Texas State Legislature changed Texas law to require a Private Investigators License to do computer forensic analysis so I had to choose to secure the license or change professions. I choose to use my computer knowledge and I took a job as a computer operations technician a local county entity.

In addition to my skills, my husband of 23 years, Randy, has been a licensed Texas Peace Office for over 20 years. In late 2009 he returned from a legislative update continuing education training and we discussed the new laws that recently went into effect. Of particular interest was House Bill 1506, which provides for electronic monitoring as a condition of release on bail for people charged with domestic violence. We had a several discussions about the new law and how it was a major improvement to the existing alternative of a protective order. I did research into the electronic monitoring companies and found most only sell or lease the equipment to governmental entities. I have also found the governmental entities are reluctant to allocate funds to support such a program.

The law passed does not prohibit a private company from providing the electronic monitoring service. It also provides safety to the victim per a magistrates order in conjunction with an emergency protective order. Research revealed there was a new device on the market called the Tattle-Tale. The equipment was developed in Sweden and is marketed by a company out of Ohio. I shortly scheduled purchase and training to secure several dozen devices.

Here is the kicker, the new devices provide real time GPS monitoring, but also provides alcohol monitoring; and before the end of the year, the devices will also provide monitoring for methamphetamine and marijuana. No other device on the market is capable of doing all of this.

On December 24, 2009 a high school friend of my husband's with was murdered by the estranged husband of one of his parishioners. The issue of electronic monitoring came up again and as a result, I became committed to finding a solution.

My husband said “Are you crazy?” A "woman" living in a rural central Texas town who weighs a little over 100 pounds wants to take on the one of the largest bureaucracies in the state, the Texas Criminal Justice System. Well, I've been called a lot of things over the years; just never late for dinner!

I've decided to take a stand and make a difference whenever possible to prevent further abuse. No one should have to sleep with one eye open!