LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 26, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB7 by Ellis, Rodney (Relating to the period during which a person arrested is required to be taken before a magistrate and to the appointment and compensation of counsel to represent indigent persons accused of crime.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB7, As Engrossed: negative impact of $(19,829,000) 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. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(7,889,000) * * 2003 (11,940,000) * * 2004 (12,047,000) * * 2005 (12,154,000) * * 2006 (12,262,000) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Change in * * Year Revenue Revenue Savings/(Cost) Number of State * * Gain/(Loss) Gain/(Loss) from New Employees from * * from General from New General Revenue FY 2001 * * Revenue Fund General Revenue Dedicated - * * 0001 Dedicated - Fair Defense * * Fair Defense Account * * Account * * 2002 $(7,889,000) $7,889,000 $(744,123) 5.0 * * 2003 (11,940,000) 11,940,000 (768,745) 5.0 * * 2004 (12,047,000) 12,047,000 (500,700) 5.0 * * 2005 (12,154,000) 12,154,000 (500,700) 5.0 * * 2006 (12,262,000) 12,262,000 (500,700) 5.0 * *************************************************************************** Technology Impact The Office of Court Administration indicates that it would outsource database programming and maintenance associated with the new program. This estimate assumes that the database will be consistent with existing plans to develop electronic reporting on the part of counties and with technologies currently under development regarding data transfer with the Department of Public Safety. This estimate assumes that the start-up costs of outsourcing database programming and maintenance would be $378,079 annually in fiscal years 2002 and 2003 for the Office of Court Administration and $105,600 in fiscal year 2002 for the Department of Public Safety. This estimate assumes outsourcing for this professional programming services would cost the Office of Court Administration $110,000 each year thereafter. Fiscal Analysis The bill would establish statewide guidelines for appointing legal counsel for indigent defendants. The bill would also establish a standing committee, the Task Force on Indigent Defense (TFID), within the Texas Judicial Council. The TFID would be composed of 12 members who meet at least quarterly. The TFID would enforce and develop standards; and, compile and report information regarding indigent defense. The TFID would also allocate funds to eligible counties. The bill would authorize the Comptroller to distribute funds to eligible counties as directed by the TFID. The Comptroller would have the power to monitor counties for compliance with the terms of distribution. The bill would also amend Article 102.075(h) of the Code of Criminal Procedure to create a new Fair Defense Account. General Revenue Funds that currently go to the treasury would be dedicated to the Fair Defense Account, which would be designated as the method of finance for TFID. Methodology This estimate assumes that the Texas Judicial Council would need an additional five full-time equivalent positions to provide staff to the TFID and that office space for the additional staff would be in a state-owned building. New personnel would include two administrative staff, a program manager, and an accountant. This estimate assumes funds monitoring duties would be at no additional cost to the Comptroller. Travel expenses for TFID members and staff, in addition to expenses for an annual report are included in the estimate. The estimate includes operating expenses for TFID only and has not included any grant awards that it is assumed could be made out of the balance of the Fair Defense Account. Local Government Impact Provisions of SECTION 11 of the bill would increase reporting responsibilities of the county clerks, district clerks, and county auditors. According to the Texas Association of Counties (TAC), large counties could absorb the costs of the additional reporting requirements added in Section 71.0351 of the Government Code; however, 131 of the state's 254 counties would probably require adding a part-time position to track, accumulate, and report the required data. TAC estimates the additional part-time staff would cost a county $17,800 annually for salary, benefits, and overhead. Local juvenile probation departments would also need to establish guidelines for appointment of counsel to minors. This estimate assumes that these new duties could be absorbed in the juvenile probation departments current budgets. The Task Force on Indigent Defense created under SECTION 13 provisions of the bill would provide minimal savings to counties for technical assistance services. Additionally, the Task Force could award grants to counties for the purposes of expanding indigent defense services in the county. However, under provisions of the bill counties may not reduce the amount of funds provided for indigent defense because of funds provided by the task force. Source Agencies: 304 Comptroller of Public Accounts, 405 Texas Department of Public Safety, 212 Office of Court Administration LBB Staff: JK, JC, JN, TB