State lawmakers are being asked to reclassify criminal offenses, including marijuana possession and prostitution, in an attempt to reduce the state's prison population and cut costs of appointed attorneys for poor criminal defendants.Most of the bills discussed would lower criminal penalties aimed at petty misdemeanor offenses - e.g., pot possession, prostitution, and low-level theft - from Class B to Class C misdemeanors. In part the goal is to reduce indigent defense and jail costs. "Removing jail time from the punishment spectrum relieves the state from providing legal aid to defendants who can't hire an attorney on their own."
The American Bar Association, the Texas Public Policy Foundation and the American Civil Liberties Union say prison time should be removed as a punishment for some crimes, while others believe that an overhaul of the entire Texas Penal Code and the Code of Criminal Procedure is long overdue.
Besides saving the cost of paying for someone to be held in prison, reclassification could save taxpayers money because county officials would not have to appoint attorneys for indigent residents charged with crimes because being held behind bars is not a punishment alternative.
What chances such legislation has heaven only knows, but even the suggestion of lowering penalties instead of raising them signals the terms of debate on crime are shifting. Certainly times are changing when a former president of the National District Attorneys Association declares, "We need to be smarter about this and not ruin good people's lives by putting them in jail." From your mouth to God's ear, sir.
No joke, I rant all the time about how these minor felonies still net offenders a "life sentence" because of the implications for job hunting and housing.
ReplyDeleteLowering Class B weed possessions to Class C's will not prevent the police from taking someone to jail. Perhaps with exception of PI where there is no alternative to incarceration and no doubt with Class Family Violence, there needs to be clear cut language that Class C offense may not be jailed.
ReplyDeleteAnd no more jailing for Class C capias pro fine warrants. Let them rake pine straw, leaves, pickup trash, etc community service.
ReplyDeleteThis layout BS at $50 a day just don't cut it and taxpayers are footing the bill.
9:39,
ReplyDeleteYou are right that lowering marijuana penalties to a Class C will still allow officers to arrest the suspect, but it would be less likely than it is with the current penalties. This was decided ~10 years ago by the Supreme Court, and our governor was against adding civil citation penalties to the code from my understanding. Thus, the best solution right now is to simply make possession a fine-only class C, like many other low level crimes in Texas. In a way, this makes the bill more feasible to pass as law enforcement will have a lot of discretion on how to treat the offender. On the other hand, it treats the magnitude of the offense more reasonably by not giving offenders a class b record.
It's disappointing to know that basic ideas like that aren't going to get any attention from Texas lawmakers if the past is any guide.
Regarding Misdemeanors Offenses that do not cause injury to a person, reduce them to fine only. Drop them down to JP and Municipal Court Jurisdictions and they would all be handled like traffic tickets. This will solve cost of local jail overcrowding, counties paying tremendous amounts court of appointed attorney fees, so on and so on...
ReplyDeleteCan't never could, 11:04. At least they're starting the conversation. Given county indigent defense costs, it makes too much sense not to seriously consider some of these.
ReplyDeleteWhat about the poor bail bondsmen, this will have the consequence of lowering their income and after all they provide a community service when they send the defendent letters reminding them of the court date. It will mean the court clerk will have to put the defendents name on an envelope thus raising costs. Oh I degress.
ReplyDeleteham2mtr
Hey Grits, no mention of the folks over at the TAB (Texas Business Association). Thanks.
ReplyDeleteHey Grits, before some ass-hole chimes in saying “the criminals are innocent’; I’d like to throw this in the air. A simple solution is to get back to basics. Fining prostitutes & thieves ‘only’ would be condoning human trafficking, the spreading of AIDS, the rolling of Johns / Prostitutes & stealing. Those failing to pay up would be jailed anyway.
ReplyDeleteBy arresting every single prostitute & thief, you avoid cherry picking and condoning. No criminal record for those completing: a mandatory 30 days in (city and / or county) jail (not with felons) with mandatory release on 90 days probation to be served in a substance abuse rehab with supervised community service, with 90 days of additional monitoring in the free world. Combined with educational, employment & short term housing assistance. Second offense, mandatory 5 years no parole. F--k 'em. Pimps engaging in human trafficking, automatic 5 years no parole. F--k' em. Second offense, automatic 15 years no parole. Thieves that continue to steal, automatic three years no parole, f—k /em. Next.
*As for cutting thieves slack, it starts with candy, then a Wahoo! or two and before you know it, Grits is missing his TVs'. Any & all thieves should be shackled and forced to: clean up any messes and pay directly to the victim 3 times what the item(s) cost new with cash payments, and / or by working it off after being released from substance abuse rehab. Victim should sign off agreeing that he / she’ll not file any insurance claims if all is done with-in a timely manner. You break it or take it, you repair it and replace it and never return. Second offense, mandatory 5 years no parole f—k ‘em.
As for weed, c'mon folks. Wake up. Nasty cigar smoke, vehicle (Diesel) exhaust, Pasadena Texas aroma factories are all considered acceptable non-jailable offenses but when it come to friggin weed, we condone jailing. Why? Because after jail, they get to be on probation and pay fines, which lines the pockets and pays salaries of the bondsmen mentioned & everyone in the up & down lines. This is the all time joke of all jokes. Thanks.
Low level theft happens all day long in the stores. No one chases those who run out with the goods. This grab and run business is acceptable behavior these days. The stores just pass along the cost to those suckers who actually pay for what they walk out with.
ReplyDelete