Gov. Abbott wants more penalties for ankle monitor violations
In a letter to Lt. Gov. Dan Patrick and Speaker Dade Phelan, the governor said there are currently "no criminal consequences" for parolees who cut off their ankle monitor.
AUSTIN (Nexstar) — Governor Greg Abbott wants to see reform around ankle monitor violations in the upcoming legislative session, the Republican indicated in a Wednesday letter to leaders of the Texas House and Senate.
In a letter to Lt. Gov. Dan Patrick and Speaker Dade Phelan, the governor said there are currently "no criminal consequences" for parolees who cut off their ankle monitor. He cites previous cases in which parolees wearing ankle monitors still committed crimes, saying the devices "were not effective" in deterring and preventing individuals from committing violent crimes.
One of the fatal incidents Abbott referenced is the Oct. 2022 Dallas hospital shooting that left two employees dead.
The alleged gunman, Nestor Hernandez, was able to visit the hospital for his girlfriend's delivery of their baby but was already on parole for aggravated robbery and had an "active ankle monitor," according to the Dallas Police Department. In October, DPD Police Chief Eddie Garcia called the shooting an "abhorrent failure of our criminal justice system."
Last month, Abbott directed the Texas Board of Pardons and Paroles (BPP) and Texas Department of Criminal Justice (TDCJ) to investigate "any lapses" in the release and supervision of Hernandez, as well as another Zeric Jackson, another parolee who had an ankle monitor and is accused of murdering a man in Dallas.
The report BPP and TDCJ sent to the governor found that Hernandez and Jackson's parole panel did consistently follow rules and policies for addressing their violations and releasing them. Abbott says because of these findings, there is a clear need for legislative action.
"Currently, there are no criminal consequences for a parolee cutting off an ankle monitor," Abbott said in his letter to Patrick and Phelan. "Texas cannot allow violent criminals who jeopardize public safety back into our communities."
In Austin last summer, one of the suspects involved in a string of robberies and a shooting near The Domain shopping center had previously cut off his ankle monitor, according to Austin police.
Whether or not this will be part of Abbott's emergency items for the 88th Legislative Session is not clear. When state lawmakers return to the Capitol on Tuesday, they cannot move any legislation, except for the governor's emergency items, until early March.
This is an ongoing report, check back for updates. Monica Madden will have a full report on KXAN at 5 p.m.