For the most part, criminal law is based on a theory of negative incentives - do "X" and the state will punish you. Seldom do legislators think to install positive incentives, which makes me particularly glad to see that Texas state Rep. Oscar Longoria has filed HB 1790, which would allow state jail felons who successfully complete probation to have their convictions reduced to a class A misdemeanor.
The bill, which excludes assaults and other "crimes against persons" (Title V of the Penal Code) will help alleviate state jail populations, reduce prisoner healthcare costs and encourage state jail defendants to take probation terms seriously, including restitution for victims. The best part: It would also allow defendants the real opportunity to live out their lives without a felony on their record.
State jail felons have the highest revocation rates among inmates released from TDCJ, with defendants frequently choosing day for day time over treatment and other assessed needs placements. This bill provides defendants with the motivation to successfully complete the requirements of their probation, both saving money and improving public safety. Excellent bill.
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