LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  February 3, 1997
         
         
      TO: Honorable John Whitmire, Chair            IN RE:  Senate Bill No. 46
          Committee on Criminal Justice                              By: Shapiro
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
         In response to your request for a Fiscal Note on SB46 ( Relating
to the punishment for certain defendants convicted of assaultive offenses,
including sexual assault, and for certain offenses committed with intent to
commit assaults.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB46-As Introduced
         
             The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions of the bill.

The bill would amend the Penal Code and Code of Criminal Procedure by
changing the conditions for repeat and habitual felony offenders to be
punished by imprisonment in the institutional division for life.  

There is no impact on the adult corrections agencies during the first five
years following the effective date of the bill.  However, after 20 years
of cumulative impact, an additional 360 prison beds will be required at an
operating cost of $4,927,500 per year.  

The reduction of 130 people on parole supervision would result in a savings
of $118,430 per year in parole operating costs.

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 this bill include construction of new
prisons and contracting with counties or private entities.  
         
         
         
 
          
             No significant fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,CB ,GG