LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session Revision 1 May 2, 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.), Committee Report 2nd House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB7, Committee Report 2nd House, Substituted: 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. * * * * The fiscal implications in the following table assume an effective * * date of January 1, 2002. * ************************************************************************** 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 $(649,600) 5.0 * * 2003 (11,940,000) 11,940,000 (785,500) 5.0 * * 2004 (12,047,000) 12,047,000 (522,900) 5.0 * * 2005 (12,154,000) 12,154,000 (522,900) 5.0 * * 2006 (12,262,000) 12,262,000 (522,900) 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 exisiting plans to develop electronic reporting on the part of counties. 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 and that costs for this professional service would cost $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 award grants to eligible counties and monitor and enforce grant provisions. The Comptroller's Office would issue warrants for grant amounts to counties identified by the TFID. 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 appropriation source 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 three administrative staff, a program director who was also an attorney, and an accountant who could also serve as a grant administrator. 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 county auditors, county clerks, and district clerks. 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 judges trying juvenile cases would also need to establish guidelines for appointment of counsel to minors. This estimate assumes that these new duties could be absorbed in the courts' current budgets. The estimate assumes the Task Force on Indigent Defense created under SECTION 13 provisions of the bill would provide services to counties at no cost for technical assistance. 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, 212 Office of Court Administration LBB Staff: JK, JC, TB