The Senate has voted unanimously, 34-0, in favor of SJR 102, in what sponsor Sen. Denton Darrington called "a bit of history in the making." The measure is a constitutional amendment; to take effect, it requires two-thirds approval in both houses of the Legislature and then majority approval of voters at the next general election, which in this case is in November of 2012. It would add one word - "felony" - to the clause of the Constitution, Article 10, Section 5, that specifies the powers of the state Board of Correction, to clarify that the board oversees adult felony probation and parole. That's the only kind of adult probation and parole that used to exist; but now counties handle misdemeanor probation and parole.

As for the Board of Correction, which runs the state's prison system, "They don't mess with misdemeanants because misdemeanants don't go to prison," Darrington said. "Misdemeanants occasionally go to jail. So that would clear up any ambiguity."

Darrington said the state's Criminal Justice Commission looked into the issue and recommended a constitutional amendment as the best way to clarify the status of county misdemeanor probation services. "Believe me, the program is worth preserving," he said. It's designed to supervise misdemeanor offenders, in hopes they don't progress to becoming felony offenders. The resolution now heads to the House for assignment to a committee there.