Governor Greg Abbott signed into law a bill that would make cutting off an ankle monitor by a parolee a state felony. The new law states that if someone on parole cuts off their ankle monitor, then they will finish out their sentence, and have a state felony added onto that. If their parole is revoked, then they will serve it out in prison. 

The new law also states that if a person is in the super-intensive supervision program, then their penalty is a third-degree felony.

At the beginning of this year, Governor Abbott called on the Lt. Governor and House Speaker to have legislation that would increase the penalties for when parolees remove ankle monitors. Abbott wrote this after he had the Texas Department of Criminal Justice and the Texas Board of Pardons and Parolees investigate the matter of two men on parole wearing ankle monitors who committed murder in the Fall of 2022. 

The investigation by the Departments revealed that both men had committed multiple administrative violations, one of whom cut off his ankle monitor. 100 days later he was back out on parole. 

According to a WFAA investigation, Hernandez already had 6 violations, and his parole officer would call about it, but not follow up. The parole officer would ask what he was doing, and Hernadez was able to just give an excuse. Zeric Jackson had 16 unapproved visits to his former girlfriend’s home before shooting and killing her boyfriend and his parole officer failed to properly check in on him and other parolees. That parole officer was recommended for dismissal.

The recommendation by the Departments to the Governor was to increase the penalty for cutting off ankles monitors. 

According to both agencies, “An area of consideration for the Legislature is the consequences associated with the cutting off an ankle monitor. The act is currently treated as an administrative violation and causes the immediate issuance of an arrest warrant. However, it is not a criminal offense. Enhancing the penalties may act as a deterrent and dissuade those already on heightened supervision from attempting to evade supervision,” said the report. “Legislation requiring law enforcement to prioritize the arrest and apprehension of Super Intensive Supervision Program clients for which a warrant has been issued would be beneficial. This action may expedite the arrest and assist in preventing law violations by these offenders.”

Previously in Texas, it was only an administrative violation to cut off an ankle monitor. Now, it’s a crime.