LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 17, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: HB3114 by Ritter (Relating to conditions of community supervision imposed on certain felons.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3114, As Introduced: positive impact of $1,200,161 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 $(919,444) * * 2003 2,119,605 * * 2004 2,691,805 * * 2005 2,691,805 * * 2006 2,691,805 * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from * * General Revenue Fund * * 0001 * * 2002 $(919,444) * * 2003 2,119,605 * * 2004 2,691,805 * * 2005 2,691,805 * * 2006 2,691,805 * ***************************************************** Fiscal Analysis The bill would amend the Code of Criminal Procedure by allowing a judge with jurisdiction of a felony case, other than a state jail felony case, to require as a condition of community supervision that the defendant submit to a period of confinement in a state jail felony facility for a period of not less than 60 days or more than one year. The change in law made by this Act would apply to a person on community supervision on or after September 1, 2001, regardless of the date on which the defendant was placed on community supervision. Methodology It is assumed that the bill would impact three groups of felony offenders, other than state jail felony cases: (1) regular community supervision placements; (2) defendants on community supervision with a motion to revoke; and (3) prison admissions. For the purposes of this analysis, it is assumed that of regular community supervision placements that this newly created sanction would be imposed upon 100 felony placements per month statewide as a condition of community supervision. The 100 felony placements would spend an average period of confinement of six months in a state jail facility. It is estimated that 2,500 motions to revoke community supervision are issued each month for felony offenders, other than those convicted of state jail felony offenses. For the purposes of this analysis it is assumed that 5% (125) offenders would be submitted to a period of confinement for an average period of six months as an alternative to revocation. It is also assumed that 100 felony offenders per month that would have otherwise been sentenced to a prison term, if not for the provisions of this bill, would be placed in a state jail facility for a period of one year and then placed on community supervision as an alternative to direct prison admission and subsequently released on parole supervision. The degree to which judges use the sentencing alternatives proposed by this bill could change the fiscal implications of the bill. Costs of incarceration by the Texas Department of Criminal Justice are estimated on the basis of $40 per inmate per day for prison facilities, $32.08 per day for state jail facilities. The daily cost of parole supervision is $2.85 per day and the state cost for community supervision of $1.01 per day based on information from the Criminal Justice Policy Council. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JK, JC, GG