[Congressional Record Volume 145, Number 1 (Wednesday, January 6, 1999)]
[Extensions of Remarks]
[Page E1]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1]]



   IN SUPPORT OF LEGISLATION TO PREVENT THE EARLY RELEASE OF VIOLENT 
                   FELONS AND CONVICTED DRUG DEALERS

                                 ______
                                 

                             HON. TOM DeLAY

                                of texas

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. DeLAY. Mr. Speaker, I rise to introduce a bill in this Congress 
that I first offered last April 23rd in the 105th Congress. The bill is 
simple--it ends forever, the early release of violent felons and 
convicted drug dealers by judges who care more about the ACLU's 
prisoner rights wish list than about the Constitution, and the safety 
of our towns, communities and fellow citizens.
  Under the threat of federal courts, states are being forced to 
prematurely release convicts because of what activist judges call 
``prison overcrowding.''
  In Philadelphia, for instance, Federal Judge Norma Shapiro has used 
complaints filed by individual inmates to gain control over the prison 
system and establish a cap on the number of prisoners. To meet that 
cap, she ordered the release of 500 prisoners a week.
  In an 18 month period alone, 9,732 arrestees that were out on the 
streets of Philadelphia on pre-trial release because of her prison cap, 
were re-arrested on second charges, including 79 murders, 90 rapes, 701 
burglaries, 959 robberies, 1,113 assaults, 2,215 drug offenses and 
2,748 thefts. How does she sleep at night?
  Each one of these crimes was committed against a person with a family 
dreaming of a safe and peaceful future--a future that was snuffed out 
by a judge who has a perverted view of the Constitution.
  Of course Judge Shapiro is not alone. There are many other examples. 
In a Texas case that dates back to 1972, federal Judge William Wayne 
Justice took control of the Texas prison System and dictated changes in 
basic inmate disciplinary practices that wrested administrative 
authority from staff and resulted in rampant violence behind bars.
  Under the threats of Judge Justice, Texas was forced to adopt what is 
known as the ``nutty release'' law that mandates ``good time credit'' 
for prisoners. Murderers and drug dealers who should be behind bars are 
walking the streets of our Texas neighborhoods--thanks to Judge 
Justice.
  Wesley Wayne Miller was convicted in 1982 of a brutal murder. He 
served only 9 years of a 25-year sentence for butchering an 18-year-old 
Fort Worth girl. Now, after another crime spree, he was re-arrested.
  Huey Meaux was sentenced to 15 years for molesting a teen-age girl. 
He is eligible for parole this September after serving only two years 
in prison.
  Kenneth McDuff was on death row for murder when his sentence was 
commuted. He ended up murdering someone else.
  In addition to the cost to society of Judge Justice's activism, Texas 
is reeling from the financial impact of Judge Justice's sweeping order. 
I remember back when I was in the state legislature, the state of Texas 
spent about $8.00 per prisoner per day.
  By 1994, when the full force of Judge Justice's edict was finally 
being felt, the state was spending more than $40.00 every day for each 
prisoner. That's a fivefold increase over a period when the state's 
prison population barely doubled.
  The truth is no matter how Congress and state legislatures try to get 
tough on crime, we won't be effective until we deal with the judicial 
activism.
  The courts have undone almost every major anti-crime initiative 
passed by the legislative branch. In the 1980s, as many states passed 
mandatory-minimum sentencing laws, the judges checkmated the public by 
imposing prison caps. When this Congress mandated the end of ``consent 
decrees'' regarding prison overcrowding in 1995, some courts just 
ignored our mandate.
  There is an activist judge behind each of the most perverse failures 
of today's justice system: violent offenders serving barely 40% of 
their sentences; 3.5 million criminals, most of them repeat offenders, 
on the streets on probation and parole; 35% of all persons arrested for 
violent crime being on probation, parole, or pretrial release at the 
time of their arrest.
  The Constitution of the United States gives us the power to take back 
our streets. Article III allows the Congress to set jurisdictional 
restraints on the Courts. My bill will set such restraints.
  I presume we will hear cries of ``court stripping'' by opponents of 
my bill. These cries, however, will come from the same people who voted 
to limit the jurisdiction of federal courts in the 1990 Civil Rights 
Bill.
  Let us not forget the pleas of our current Chief Justice of the 
United States, William Rehnquist. In his 1997 Year-end Report on the 
Federal Judiciary, he said, ``I therefore call on Congress to consider 
legislative proposals that would reduce the jurisdiction of federal 
courts.'' We should heed Justice Rehnquist's call--right here, right 
now.
  Mr. Speaker, this bill is also identical to an amendment I offered 
last Congress to HR 1252, the Judicial Reform Act. That amendment 
passed 367-52. That's right, 367-52. While that is an overwhelming 
victory, it is not enough. I am saddened that 52 Members so callously 
voted against protecting the families they represent.
  Despite the fact that the liberal legal establishment will fight 
against my bill and the families it will help protect, many of my 
liberal Democrat colleagues voted for my amendment last year.
  They couldn't afford not to. How can any member of this body go home 
to their district and face a mother whose son or daughter has been 
savagely beaten and killed by a violent felon--a felon let out of 
prison early to satisfy the legal community's liberal agenda.
  Judicial activism threatens our safety and the safety of our 
children, if in the name of justice, murderers and rapists are allowed 
to prowl our streets before they serve their time. It's time to return 
some sanity to our justice system, and keep violent offenders in jail. 
I strongly urge my colleagues, for the sake of the families they 
represent, to support my bill.

                          ____________________