LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 10, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1028 by Wilson (Relating to the penalty for possession
of marihuana.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1028, As Introduced: positive impact of $23,840,983 through the *
* biennium ending August 31, 2003. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $6,117,415 *
* 2003 17,723,568 *
* 2004 27,456,906 *
* 2005 34,791,659 *
* 2006 40,657,784 *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $6,117,415 *
* 2003 17,723,568 *
* 2004 27,456,906 *
* 2005 34,791,659 *
* 2006 40,657,784 *
*****************************************************
Fiscal Analysis
The bill would amend the Health and Safety Code by reducing the offense
levels for possession of marihuana. Under the bill, possession of
marihuana in amounts equal to or less than 2 ounces would be reduced from
a Class B misdemeanor to a Class C misdemeanor, possession in amounts
greater than 2 ounces would be a Class B misdemeanor with a maximum term
of incarceration of 180 days in a county jail. Under current law,
punishments for the possession of marihuana range from a Class A
misdemeanor to a first degree felony, depending on the amount of
marihuana possessed.
The change in law made by this Act applies only to an offense committed
on or after September 1, 2001.
After 10 years of cumulative impact, the decrease in demand for prison
beds from this bill would peak at 3,800, assuming that the number of
offenders impacted by this bill would not change in the future. At $40
per day, the annual cost of either operating facilities or contracting
with other entities for 3,800 inmates is approximately $55.4 million.
Methodology
In fiscal year 2000, 652 offenders were admitted to prison for felony
possession of marihuana. There were 242 offenders admitted to State Jail
for possession of marihuana, and 1,128 offenders placed on felony
probation for possession of marihuana. Under the provisions of the
bill, the offenders that were either sentenced to terms of incarceration
or placed on felony probation will be punished at the misdemeanant level.
In order to estimate the future impact of the proposal, the changes
proposed for admission and release policies are applied in a simulation
model, to (1) a prison model that reflects the absence of felony
possession of marihuana offenders admitted to prison, and (2) the
decrease in the number of people on parole supervision, due to the
subsequent decrease in the number of inmates released during the time
period of the fiscal note who would require parole supervision. Included
in the estimated costs are projected parole and community supervision
operating savings.
Savings on costs of incarceration by the Department of Criminal Justice
are estimated on the basis of $40 per inmate per day for prison
facilities, reflecting approximate costs of either operating facilities
or contracting with other entities.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies:
LBB Staff: JK, JC, GG