LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
May 14, 1997
TO: Honorable James E. "Pete" Laney IN RE: House Bill No. 1112,
As Passed 2nd House
Speaker of the House Hawley
House of Representatives
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 Passed 2nd House
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) a parole panel
or designee of the board determines that a continuance in the
hearing is necessary.
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