This is a little premature but my judge wants this.

Anyone crafted good language for jury charge instruction for the new state jail diligent participation credit under TxCCP Art. 42.12 Sec.15(h)?

There is no authority for including such an instruction. But, if you give one, you would also likely need to tell them that they can't consider it in deciding the punishment.

The sad part is that it is a hoax. There isn't any programming for a state jail felony to participate in that would actually result in such credit, at least not anything actually in law or policy.

Thank you!!!

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Originally posted by JB:
The sad part is that it is a hoax. There isn't any programming for a state jail felony to participate in that would actually result in such credit, at least not anything actually in law or policy.

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That may be true as it relates to an "educational, vocational, or treatment program," but the credits also include "active involvement in a work program"--which I understood to mean trustee-type work inside or around a SJ facility. Watch out for that.

But as for the original question, I agree with JB--stay away from it, it can only backfire on you.

It sounds as though your judge isn't fond of this new provision. Why don't you just tell him to handle it by denying all of their petitions? The credit is, after all, discretionary.