LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
February 19, 2001
TO: Honorable Pat Haggerty, Chair, House Committee on
Corrections
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB598 by Goodman (Relating to fees and funds used in the
operation of community supervision and corrections
departments.), As Introduced
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB598, As Introduced: negative impact of $(25,999,860) 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 $(13,020,495) *
* 2003 (12,979,365) *
* 2004 (12,966,260) *
* 2005 (12,962,084) *
* 2006 (12,960,753) *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $(13,020,495) *
* 2003 (12,979,365) *
* 2004 (12,966,260) *
* 2005 (12,962,084) *
* 2006 (12,960,753) *
*****************************************************
Fiscal Analysis
The bill would amend the Code of Criminal Procedure by raising from $40
to $60, the maximum monthly community supervision fee that could be
assessed by a judge.
Additionally, the bill would amend the Government Code by raising from
182 days to 2 years, the maximum term limit that could be considered by
the Community Justice Assistance Division of the Texas Department of
Criminal Justice in the per capita funding mechanism for determining the
amount of state aid to local community supervision and corrections
departments for the supervision of misdemeanor offenders.
The bill would take effect September 1, 2001.
Methodology
The current amount of state aid to local community supervision and
corrections departments is based on the current maximum term limit for
persons placed on misdemeanor direct community supervision of 182 days.
Analysis of misdemeanor direct community supervision caseloads indicate
that persons, on average, spend 11 months on supervision. The estimated
impact of this provision of the bill is based on state aid covering an
additional five months of supervision at $.70 per day, per individual.
Local Government Impact
An increase in the amount of state aid provided to community supervision
and corrections departments (CSCD) for the supervision of misdemeanor
offenders would provide a revenue increase in direct proportion to the
state's cost.
An increase in the cap from $40 to $60 for supervision fees also has the
potential of providing a revenue gain for CSCDs. According to the Texas
Department of Criminal Justice, in fiscal year 2000, there were 329,400
offenders eligible to pay a monthly supervision fee. Statistics were not
available to determine how many of those offenders were actually
assessed a fee or the amount of the fee; however, the total supervision
fees reported collected in fiscal year 2000 was $104.5 million statewide,
which averages out to $26.43 per offender per month.
If each of the 329,400 offenders eligible to be assessed supervision fees
were to be charged the difference between the current cap of $40 and the
proposed cap of $60 and each complied with paying the fee, the $20
increase would net a revenue increase of $6.5 million per month
statewide, or an average of $53,278 per CSCD. An increase in the maximum
amount of community supervision fees that could be imposed on offenders
placed on community supervision could result in a significant revenue
gain for the CSCDs if the judges were to increase the amount of fees
being assessed and if there was 100 percent compliance by the offenders.
The revenue gain would help offset operational costs for the
departments.
Source Agencies: 304 Comptroller of Public Accounts, 696 Texas
Department of Criminal Justice
LBB Staff: JK, JC, GG, DB