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LEAD-IN BY HOST: People on probation in Harris County are facing tougher judges, and a system that punishes them long after their sentence is over. Robert Cardenas reports: STORY: To someone unfamiliar with the Harris County Criminal Justice System, a defendant having to choose between taking probation or going to jail seems as easy a decision as deciding whether to wear a jacket on a hot Houston day. But to many now trying to navigate this system, probation is an increasingly less attractive choice. The effects of being on probation can be felt immediately. Even afterwards, a person's record follows them in the most simple endeavors for the rest of their lives. Executive director of the SHAPE community center, Deloyd Parker works with probationers on a daily basis: "Lets say for example they finish all the terms of their probation, and then they get em a nice job, which is going to be difficult simply because they have a record. Lets say they slip through the cracks and get a good job. Then they can afford a descent apartment right? But not with the Houston Apartment Association - they're on that list, they have to use a wrong name, false name, they have to somebody else's name. And now they're illegally in an apartment using the wrong name, false name, a false social security number or something. Why? Because they couldn't use their own. Let the cycle begin." According to the governor's policy council on criminal justice, probation refers to placement of a defendant under programs and sanctions with conditions imposed by the court for a specified period upon suspension of the sentence to prison or county jail. Often probation is accompanied by conditions mandated by law that the probationer must comply with. Twenty five year veteran of the Interim Director of the Harris County Adult Probation Department, and now Interim Director, Mike Enex explains: "They have to keep a job, they have to pay fees. Many times they'll have to pay restitution, they'll have to pay their fines, court costs, supervision fees. They have to do community service. They may be told they have to attend certain types of treatment." The probation conditions Enex describes include being employed and paying the county money. However, in the current economic downturn, these conditions might not be as easy they sound. Administrative Coordinator for the Harris County Adult Probation Office, Kim Valentine, explains some of the complications that can arise: "They are having more problems finding employment. And its much harder for someone with a criminal record to get a job than someone without a criminal record and since we have so many people without criminal records that have been laid off, and lost their jobs in our community and around the country. We've got offenders now that are competing for employment with people that have no criminal history. And so that's making it even more difficult to them to comply with that condition of supervision." Failure to comply can find a probationer back in court, facing a judge eager to administer justice and punish them as they see fit. David Espinoza, who finished probation in 2002 on a misdemeanor charge, describes what the average probationer in Harris County goes through: "The county gave me two years probation, with a $1,000 fine, plus 120 hours of community service. Plus a few extra condition. If I'm not mistaken it was close to 16 conditions." David uses the term outside prisoner to describe what its like to live under so many conditions. "Probation, its actually - you know your actually in jail. But it could be considered maybe worse than that because you had to report every month and pay certain amount of dues for that crime." David is likely not the only one overwhelmed by his probation conditions. In the past five years, the Harris County probation population has shrunk from 49,000 to 43,000. Robert Cardenas, KPFT News Houston. E-mail Robert Cardenas at robertc@amerion.com.. This story was broadcast on January 3, 2003.