LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 6, 2001 TO: Honorable Pat Haggerty, Chair, House Committee on Corrections FROM: John Keel, Director, Legislative Budget Board IN RE: HB174 by Lewis, Glenn (Relating to requiring the Board of Pardons and Paroles and parole panels of the Board of Pardons and Paroles to meet to perform duties.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB174, As Introduced: negative impact of $(57,098,088) through * * the biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(17,845,658) * * 2003 (39,252,430) * * 2004 (53,893,888) * * 2005 (66,998,757) * * 2006 (78,921,965) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 2001 * * 0001 * * 2002 $(17,845,658) 5.0 * * 2003 (39,252,430) 6.0 * * 2004 (53,893,888) 4.0 * * 2005 (66,998,757) 5.0 * * 2006 (78,921,965) 5.0 * *************************************************************************** Fiscal Analysis The bill would require that the Board of Pardons and Paroles meet as a body to perform the members' duties in clemency matters, and it would require members of a parole panel to meet as a body to perform the members' duties. The bill would also repeal Section 551.124, Government Code, which allowed the Board of Pardons and Paroles to conduct a hearing on clemency matters by telephone conference call. Methodology Although the bill would require additional meeting space and travel for members of the Board of Pardons and Paroles, the primary estimated fiscal impact would be due to the amount of time that would be devoted to meetings and the negative impact this would have on time devoted to reviewing case materials. The Criminal Justice Policy Council estimates that the Board of Pardons and Paroles was responsible for over 143,000 case decisions during fiscal year 2000. Assuming that the majority (140,000) of these cases could be determined by a three-member panel rather than the entire Board, would mean that each three-member panel would have to decide, on average, 23,333 cases each year or approximately 450 cases each week. Even a conservative estimate of only two minutes per decision, indicates that the parole panels would have to meet for 15 hours each week just to render decisions as a body. Capacity Impact The Criminal Justice Policy Council has projected 21,766 releases on parole and mandatory supervision during fiscal year 2002 under current procedures. Assuming the additional meeting requirement results in a ten percent decrease in the number of offenders considered and released on parole and mandatory supervision, it is projected that there would be an additional 2,531 inmates in prison at the end of the first year. Assuming these releases would have been evenly distributed across the year gives an estimated increase in average inmate population of 1,266. At an average cost of $40 per day, the estimated cost of the additional capacity is $18,477,760. A simulation model is used to estimate the decrease in the number of releases from prison in subsequent years. Included in the estimated costs are projected savings for parole supervision due to fewer inmates being released on parole. The backlog in prisons would continue to grow over time until offenders were discharged as a result of completing their full sentences. This scenario assumes that the meeting time devoted to each case would be minimal and that current decision rates would not be affected by the meeting process. A scenario by the Criminal Justice Policy Council has assumed up to a 75 percent reduction in parole and mandatory supervision considerations due to the meeting requirement. Due Process The Office of the Attorney General has indicated that the new meeting requirements under the provisions of the bill may be construed as a new due process right. Even if this were not the intent of the legislation, litigation could ensue if inmates and their attorneys perceive a new right to a public proceeding which could include a right to be present and to present evidence and witnesses at these hearings. The Office of the Attorney General estimates costs of $284,476 in fiscal year 2002 (5 full-time-equivalent positions), $313,619 in fiscal year 2003 (6 FTEs), $196,724 in fiscal year 2004 (4 FTEs), $245,741 in fiscal year 2005 (5 FTEs), and $245,741 in fiscal year 2006 (5 FTEs) to defend litigation which could result from the bill. If litigation finds that meetings must be performed as hearings, the time that would have to be devoted to each case would exceed the time assumptions used in this estimate, resulting in greater costs to the state than indicated in this fiscal note. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 302 Office of the Attorney General, 696 Texas Department of Criminal Justice, 410 Criminal Justice Policy Council LBB Staff: JK, JC, VS, DB