LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 12, 1997
TO: Honorable Allen Hightower, Chair IN RE: House Bill No. 1112
Committee on Corrections By: Hawley
House
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 hearing.) this office has
detemined the following:
Biennial Net Impact to General Revenue Funds by HB1112-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of $(15,534,577) 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 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.
If TDCJ were to refuse to authorize a transfer
that had been requested by the facility holding the inmate,
TDCJ would be required to reimburse the facility for the cost
of medical care for the inmate. No reimbursement would be required
if the person being held was under a pending charge.
The
bill would also eliminate the preliminary hearing requirement
for potential parole revocations, thereby reducing to an average
of 60 days the number of days, after an arrest, that a person
would spend awaiting a revocation hearing.
This bill would
become effective immediately upon enactment, assuming that it
received the requisite two-thirds majority votes in both houses
of the Legislature and the signature of the governor. Otherwise,
it would become effective 90 days after adjournment.
Methodolgy
It is estimated that a peak population of 2,700 inmates will
be held in county jails for an average of 60 days awaiting revocation
hearings. It is assumed that 57 percent of the hearings will
result in release or sanctions other than revocation, and 43
percent will result in revocation. After revocation, an inmate
is assumed to remain in the county jail for an additional 30
days before returning to the Texas Department of Criminal Justice.
If
the provisions of this bill become effective, TDCJ would have
two options for housing inmates awaiting revocation hearings:
a) move the inmates to a state correctional facility; or b)
leave the inmates in county jail. In this analysis it is assumed
that inmates awaiting revocation hearings will, for reasons
related to capacity and costs, remain housed in county jail
facilities rather than in TDCJ facilities.
It is assumed
that the effective date of the bill would be April 1, 1997.
Should the bill not become effective until September 1, 1997,
implementing the provisions of the bill would result in a negative
impact of $(12,856,199) to General Revenue Related Funds through
the biennium ending August 31, 1999.
The probable fiscal implications of implementing the provisions
of the bill during each of the first six years following passage
is estimated as follows:
Six Year Impact:
Fiscal Year Probable Revenue Probable Revenue
Gain/(Loss) from Gain/(Loss) to
General Revenue Counties
Fund
0001 LCL-COUNTY
1997 ($2,678,377) $2,678,377
1997 (6,428,100) 6,428,100
1999 (6,428,100) 6,428,100
2000 (6,428,100) 6,428,100
2001 (6,428,100) 6,428,100
2002 (6,428,100) 6,428,100
Net Impact on General Revenue Related Funds:
The probable fiscal implication to General Revenue related funds
during each of the first six years is estimated as follows:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1997 ($2,678,377)
1998 (6,428,100)
1999 (6,428,100)
2000 (6,428,100)
2001 (6,428,100)
2002 (6,428,100)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
Source: Agencies: 696 Department of Criminal Justice
304 Comptroller of Public Accounts
409 Commission on Jail Standards
LBB Staff: JK ,CB ,GG