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Permitting travel

Probationers get a break from ruling

Ector County probationers may soon be able to travel across state lines thanks to a ruling handed down Monday from the Interstate Compact Commission.

For the past month, local probationers were banned from traveling out of state by district judges and county Adult Probation Director Homer Watson. The ban was prompted by a fear of being sued if probationers committed a crime while traveling.

Assistant Attorney General David Harris raised the concern with judges across the state in April.

Attorney General spokesman Tom Kelley said Harris told the Texas Judicial Advisory Council that the compact lacks language that would grant judges immunity if a probationer commits a crime across state lines while on a temporary travel permit. The advisory council counsels the Texas Department of Criminal Justice on probation and parole issues.

Monday's ruling clarified Interstate Compact language and affirms the right of local judges and probation officers to grant temporary travel as long as the offender won't be out of state for more than 45 days.

"It appears to be good news in terms of allowing interstate travel," Watson said Tuesday.

Watson said he's fairly confident his office will resume business as usual once he has a chance to speak with judges and the rest of his department.

He said historically probation officers and judges have allowed interstate travel for work and family visits if a probationer isn't considered high-risk, but Ector County decided to stay on the safe side after Harris' meeting with the judicial advisory council.

Typically probationers are issued out-of-state travel permits on a case-by-case basis. There are stipulations on where they can go, how long they can stay there and when they must return. Traveling without a permit is considered a violation of probation, which can result in jail time in some cases, Watson said.

Since Harris raised concerns, Ector, Midland, Harris, Tarrant, Nueces and Wichita counties stopped granting out-of-state travel permits.


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