LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 19, 2001
TO: Honorable Kenneth Armbrister, Chair, Senate Committee on
Criminal Justice
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB772 by Haggerty (Relating to the eligibility of
certain offenders for medically recommended intensive
supervision and the provision of facilities for those
offenders.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB772, As Engrossed: positive impact of $1,612,000 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. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $533,000 *
* 2003 1,079,000 *
* 2004 1,439,000 *
* 2005 1,799,000 *
* 2006 2,159,000 *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $533,000 *
* 2003 1,079,000 *
* 2004 1,439,000 *
* 2005 1,799,000 *
* 2006 2,159,000 *
*****************************************************
Fiscal Analysis
The bill would rename special needs parole to medically recommended
intensive supervision, and it would add individuals with conditions
requiring long-term care to the eligible pool of inmates for medically
recommended intensive supervision. The bill would require the Texas
Council on Offenders with Mental Impairments (TCOMI), in cooperation
with the Correctional Managed Health Care Committee, to identify inmates
eligible for medically recommended intensive supervision. The bill
would also remove the requirement that a parole panel determine that the
inmate is not a threat to commit an offense from the requirements for
medically recommended intensive supervision. TCOMI would be responsible
for the development of a medically recommended intensive supervision
plan to ensure appropriate supervision of the inmate. The bill would
require TCOMI and the Texas Department of Human Services (DHS) to issue
a request for proposal for a skilled nursing facility for offenders
released from prison on medically recommended intensive supervision.
The bill would take effect September 1, 2001.
Methodology
The Texas Department of Criminal Justice (TDCJ) estimates that there are
currently over 600 inmates requiring long-term care that would be
eligible for medically recommended intensive supervision. The majority of
these inmates could be released to alternative care in nursing home
facilities. Medicaid funding for this population would be provided by
the federal government (60.6 percent) and the state (39.4 percent).
For the 2002-03 biennium, the Comptroller's Office assumes 150 additional
inmates would be released under the medically recommended intensive
supervision program and that this number would increase by 50 each year
starting in fiscal year 2004. The current average daily cost for
housing these inmates is $53.50. To realize the savings shown above, the
appropriations to TDCJ would have to be reduced by the estimated costs
for housing the inmates to be released on medically recommended
intensive supervision ($1,444,500 in fiscal 2002 and $2,929,125 in
fiscal 2003). The estimated savings in 2002 are reduced to reflect a
six-month implementation lag. The current cost of nursing home care
averages $86 per day and would be covered under Medicaid. The
appropriations to DHS would have to be increased to qualify for the
Medicaid match by $912,330 in fiscal 2002 and $1,850,003 in fiscal 2003.
The estimated increases in expended Federal Funds are $1,401,000 in
fiscal 2002, $2,842,000 in fiscal 2003, $3,789,000 in fiscal 2004,
$4,736,000 in fiscal 2005, and $5,683,000 in fiscal 2006.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Local governments would only be impacted if they were awarded a contract
to provide services for inmates released on medically recommended
intensive supervision.
Source Agencies: 696 Texas Department of Criminal Justice, 324
Texas Department of Human Services, 304 Comptroller
of Public Accounts
LBB Staff: JK, JC, VS, RK