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COVID-19, Violent Offender Release

The News reports that jails are releasing inmates due to COVID-19.  Is this true? Yes. Reports have confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have tested positive for COVID-19. This is a problem due to increased community spread in the jail environment. In addition to putting inmates’ health in danger, COVID 19 community spread endangers the lives of the jail and prison staff and adds more pressure to the hospital community.   Are jails and prisons releasing inmates due to COVID-19? Yes. This is not a blanket wide release of everyone in jail or prison....

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BEWARE: Increased Penalties During a State of Emergency

Texas Penal Code section 12.50 provides that penalties increase for certain offenses when committed during a state of emergency. Due to the unexpected outbreak of Covid-19 (Coronavirus), we are currently in a state of emergency! When the President of the United States or the Governor declares a state of emergency, this provision goes into effect.  Texas Governor Abbott declared the Coronavirus a state of emergency on March 13, 2020 (https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19). Specifically, the following crimes under the Texas Penal Code jump a penalty grade:   22.01 Assault 28.02 Arson 29.02 Robbery 30.02 Burglary 30.04 Burglary of a Vehicle 30.05 Criminal Trespass 31.03 Theft Increased...

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