LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 17, 2001
TO: Honorable Rodney Ellis, Chair, Senate Committee on Finance
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1341 by Barrientos (Relating to reimbursing counties
for the cost of holding state parolees in county jails.),
As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1341, As Introduced: negative impact of $(101,055,920) 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 $(50,527,960) *
* 2003 (50,527,960) *
* 2004 (50,527,960) *
* 2005 (50,527,960) *
* 2006 (50,527,960) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Probable Revenue Gain/(Loss) to *
* Year General Revenue Fund Counties *
* 0001 *
* 2002 $(50,527,960) $50,527,960 *
* 2003 (50,527,960) 50,527,960 *
* 2004 (50,527,960) 50,527,960 *
* 2005 (50,527,960) 50,527,960 *
* 2006 (50,527,960) 50,527,960 *
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Fiscal Analysis
The bill would require the state to reimburse counties at a rate of $40
per day for each day after the 14th day that a parolee is confined in a
county jail pursuant to a charge that the individual has committed an
administrative violation of a condition of release. The bill would also
require that the state reimburse a county at a rate of $40 per day for
each day after the third day from the date of an individual's revocation
hearing until the date the county receives transfer papers from the
pardons and paroles division. The bill would take effect September 1,
2001.
Methodology
During fiscal year 2000, the Criminal Justice Policy Council (CJPC)
reports that there were 12,310 revocation decisions made that only
involved an administrative violation of the conditions of release.
Government Code, Section 508.282, allows 60 days for a parole panel, a
designee of the board, or the Texas Department of Criminal Justice (TDCJ)
to dispose of charges against a parolee that involve an administrative
violation. For the purposes of this analysis, it is assumed that the
same number of violators will be processed in subsequent years and that
parole violators in county jails will be processed in 60 days. The
estimated annual cost to the state to pay for the confinement of these
individuals after the 14th day equals $22,650,400 per year (12,310
violators/year x 46 days x $40/day).
During fiscal year 2000, the CJPC reports there were 12,227 parole
revocations. The TDCJ estimates that offenders stay in the county jail
for up to 60 days after their revocation hearing until transfer to TDCJ.
Assuming that the same number of revocations will occur in subsequent
years and that the state would be required to pay for 57 days of
incarceration per revocation, the estimated annual cost to the state to
pay for the confinement of these individuals is $27,877,560 (12,227
revocations/year x 57 days x $40/day).
Local Government Impact
State costs would be in the form of payments to counties. Therefore, the
local fiscal impact would be additional revenue equal to the costs to
the state as shown in the fiscal impact table above.
Source Agencies: 304 Comptroller of Public Accounts, 696 Texas
Department of Criminal Justice
LBB Staff: JK, SD, JN, VS