LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 4, 1997 TO: Honorable Bill Ratliff, Chair IN RE: House Bill No. 1112, As Engrossed Committee on Finance By: Hawley Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1112 ( Relating to certain hearings concerning the revocation of the release status of persons under the supervision of the pardons and paroles division of the Texas Department of Criminal Justice and the housing of those persons pending the hearings.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1112-As Engrossed FN Revision 1 Implementing the provisions of the bill would result in a net negative impact of $(4,323,809) to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would amend the Code of Criminal Procedure by permitting the transfer of a person under parole or mandatory supervision awaiting a revocation hearing to a correctional facility operated by or under contract to the Texas Department of Criminal Justice (TDCJ), if the person was not also being held subject to pending criminal charges. The transfer could be made if there was adequate space in the facility to which the person would be transferred and the facility was located within 150 miles of the facility from which the person would be transferred. The bill would allow, under certain conditions, for a parolee to waive their preliminary hearing to determine whether probable cause or reasonable grounds exist to believe that the parolee has committed an act that would constitute a violation of a condition of release. The bill would also change the amount of time required for hearings concerning the revocation of the release status of persons under the supervision of the pardons and paroles division of the Texas Department of Criminal Justice. A person accused of a violation of parole, mandatory supervision, or conditional pardon, or is arrested after an ineligible release, would have their case decided before the 61st day after the date on which a warrant is executed for the commission of an offense. A parole panel, a designee of the board, or the department would not be required to dispose of the charges against a prisoner within the 60-day period required by the bill if: a) the prisoner is in custody in another state or a federal correctional institution; b) the parole panel or a designee of the board is not provided a place by the sheriff to hold the hearing; or c) the prisoner is granted a continuance by a parole panel or a designee of the board. The bill would take effect January 1, 1998. Methodolgy In order for the Board of Pardons and Paroles and the Texas Department of Criminal Justice to process parole violators within 60 days of warrant execution, 21,000 hearings per year will be necessary. In order to conduct 21,000 hearings, it is estimated that 30 additional hearing officers plus 42 clerical and supervisory personnel would be necessary. Related operating costs for the additional personnel are also estimated. It is assumed that hearing room facilities will be provided in a timely manner by the counties. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Savings/(Cost) from General Revenue Fund 0001 1998 ($2,372,471) 1998 (1,951,338) 2000 (1,955,066) 2001 (1,958,884) 2002 (1,962,799) Net Impact on General Revenue Related Funds: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 ($2,372,471) 1999 (1,951,338) 2000 (1,955,066) 2001 (1,958,884) 2002 (1,962,799) Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. There would be some savings to counties from the accelerated processing of parole violators and their subsequent removal from county jails. Source: Agencies: 696 Department of Criminal Justice LBB Staff: JK ,RR ,CB ,GG