LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 3, 1997
TO: Honorable Bill Ratliff, Chair IN RE: Senate Bill No. 630
Committee on Finance By: Duncan
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB630 ( Relating
to requiring the state to reimburse counties for the costs of
confining certain state inmates.) this office has detemined
the following:
Biennial Net Impact to General Revenue Funds by SB630-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of $(147,969,555) 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
that counties be paid for county jail inmates awaiting parole
revocation hearings and parole violators awaiting transfer to
the Texas Department of Criminal Justice (TDCJ). Compensation
would be due for each day an inmate was confined in the county
jail other than the first ten days after the date on which the
county informed TDCJ that the inmate was confined in jail.
The state would be required to pay a daily rate equal to the
average daily prison inmate cost as determined by the Criminal
Justice Policy Council.
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
According to the Criminal Justice Policy Council, a peak population
of 4,100 inmates will be held in county jails for an average
of 90 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. According to the most recent
Criminal Justice Policy Council report, the average cost per
day for an Institutional Division inmate is $39.51.
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 $(122,453,338) to General Revenue Related
Funds through the biennium ending August 31, 1999.
The cost of the bill could be mitigated by actions of state entities.
If the time required by the revocation hearings process, or
the time between revocation and transfer to prison could be
reduced, the cost to the state could be reduced. Countering
this is the possibility that counties, with a financial incentive,
could increase efforts to arrest violators, thereby increasing
the number of parolees held in jail. The fiscal note does not
include these factors
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
is estimated as follows:
Six Year Impact:
Fiscal Year Probable Revenue Probable Revenue Change in Number
Gain/(Loss) from Gain/(Loss) to of State
General Revenue Counties Employees from
Fund FY 1996
0001 LCL-COUNTY
1997 ($25,585,557) $25,482,736 1.0
1997 (61,191,999) 61,158,518 1.0
1999 (61,191,999) 61,158,518 1.0
2000 (61,191,999) 61,158,518 1.0
2001 (61,191,999) 61,158,518 1.0
2002 (61,191,999) 61,158,518 1.0
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
1997 ($25,585,557)
1998 (61,191,999)
1999 (61,191,999)
2000 (61,191,999)
2001 (61,191,999)
2002 (61,191,999)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
Source: Agencies: 304 Comptroller of Public Accounts
696 Department of Criminal Justice
LBB Staff: JK ,RR ,GG