LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 10, 1999
TO: Honorable Pat Haggerty, Chair, House Committee on
Corrections
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB29 by Shapiro (Relating to the civil commitment of
sexually violent predators; providing a penalty.), As
Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB29, As Engrossed: negative impact of $(3,985,630) through the *
* biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
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* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(1,808,388) *
* 2001 (2,177,242) *
* 2002 (2,678,467) *
* 2003 (2,873,967) *
* 2004 (3,073,467) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 1999 *
* 0001 *
* 2000 $(1,808,388) 13.5 *
* 2001 (2,177,242) 13.5 *
* 2002 (2,678,467) 13.5 *
* 2003 (2,873,967) 13.5 *
* 2004 (3,073,467) 13.5 *
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Technology Impact
Implementing provisions of the bill would require miscellaneous computer
hardware and software purchases by the Texas Department of Criminal
Justice, Prison Prosecution Unit, and Interagency Council on Sex
Offender Treatment.
Fiscal Analysis
The Prison Prosecution Unit (PPU) estimates costs for creating a special
division as required by the bill to include 8 additional FTEs in fiscal
year 2000, with additional FTEs increasing to 13 for fiscal year 2004
(PPU employees are not considered state employees). Other costs for the
PPU include court reporters, witness costs, and trial preparation costs.
The Interagency Council on Sex Offender Treatment (ICSOT) would incur
costs for an additional 2.5 FTEs to assist with rules development,
contract development and monitoring, and to coordinate treatment and
supervision of persons committed under provisions of the bill. The
provision of treatment would be through contract with treatment providers
and annual compensation would be limited to $6,000 annually. The
provision of supervision would include tracking services and, if required
by court order, supervised housing.
The Texas Department of Criminal Justice (TDCJ) would incur costs for
reviewing offender case files, offender transportation, offender legal
representation, and other operational functions. TDCJ's cost estimates
include an additional 11 FTEs per fiscal year.
The Texas Department of Public Safety would incur costs for court-ordered
tracking services for persons civilly committed.
Costs related to other state agencies affected by the bill are estimated
to be insignificant.
Methodology
* Case reviews of offenders for possible civil commitment would begin
September 1, 1999.
* Civil commitments would begin January 1, 2001, with 15 commitments
added each fiscal year. Average commitment length assumed to be greater
than five years.
* Civil commitment court proceedings conducted under provisions of the
bill are estimated to be $1,600 per civil commitment.
* Treatment costs are estimated to be $6,000 annually per civil
commitment.
* Assume supervised housing will be court-ordered for each civil
commitment for the first 12 months at an average cost of $35 per day.
* Required tracking services for each civil commitment would cost an
average of $20 per day.
* Legal costs associated with potential post commitment proceedings
(petitions for release, appeals, writs of habeas corpus) are included,
but costs of any potential litigation (constitutional or treatment
issues) are not included.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 241 Judiciary Section-Comptroller's Department, 405
Department of Public Safety, 410 Criminal Justice
Policy Council, 501 Department of Health, 696
Department of Criminal Justice
LBB Staff: JK, MD, JN