LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 9, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  House Bill No. 1112, Committee Report 2nd House, 
as amended
          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-Committee Report 2nd House, as amended
         
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 desingee 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