LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 23, 1997
TO: Honorable Allen Hightower, Chair IN RE: House Bill No. 2972
Committee on Corrections By: Madden
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB2972 ( Relating
to requiring as a condition of release on parole or mandatory
supervision that a prisoner demonstrate a certain level of educational
skill.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB2972-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of $(9,000,000) 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 to require
a parole panel to not release a prisoner otherwise eligible
for release on parole or mandatory supervision unless the panel
determines that the prisoner has attained, or has demonstrated,
at least a sixth grade educational skill level or that the prisoner
lacks the ability to achieve that skill level.
The bill
would take effect September 1, 1997, and would only apply to
a prisoner sentenced for an offense committed on or after September
1, 1997.
Methodolgy
The Windham School System, which serves inmates confined in
the Texas Department of Criminal Justice (TDCJ), estimates that,
on the average, an additional $4.5 million in contact hour funding
would be earned annually as a result of the provisions of the
bill. These funds would be paid from the Foundation School Fund.
Additional
TDCJ incarceration costs are estimated for inmates who would
have to undergo educational training at TDCJ beyond their originally
scheduled parole or mandatory supervision release date due to
the requirements of the bill. Included in the estimated costs
is projected savings of $121,021 for fiscal year 2002 in parole
operating costs.
It is assumed that instructional costs
would begin immediately upon implementation. However, increased
costs of incarceration would not begin until 2002, when prisoners
sentenced for an offense committed after September 1, 1997 would
have become eligible for parole.
Costs of incarceration are
estimated on the basis of $37.50 per inmate per day, reflecting
approximate costs of either operating state facilities or contracting
with other entities. No costs are included for prison construction.
Options available to address the increased demand for prison
capacity that would result from implementation of the bill include
construction of new prisons and contracting with counties or
private entities.
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 Probable Probable
Savings/(Cost) Savings/(Cost) Savings/(Cost)
from Foundation from General from General
School Fund Revenue Fund Revenue Fund
0193 0001 0001
1998 ($4,500,000) $0 $0
1998 (4,500,000) 0 0
2000 (4,500,000) 0 0
2001 (4,500,000) 0 0
2002 (4,500,000) (1,818,304) 121,021
Net Impact on General Revenue Related Funds:
The probable fiscal implication to General Revenue related funds
during each of the first five years is estimated as follows:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 ($4,500,000)
1999 (4,500,000)
2000 (4,500,000)
2001 (4,500,000)
2002 (6,197,283)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 701 Texas Education Agency - Administration
696 Department of Criminal Justice
LBB Staff: JK ,CB ,JN