C.S.H.B. 2624 78(R)    BILL ANALYSIS


C.S.H.B. 2624
By: Haggerty
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Probation, or "community supervision," terms in Texas can be long.  The
maximum term of probation for a misdemeanor offender is five (5) years and
the maximum term of probation for a felony offender is ten (10) years.
Increased lengths of probation mean increased potential for probation
revocation to incarceration in Texas prison.  Many probation revocations
in Texas are for technical violations, where the offender has not
committed a new offense.  The average length of incarceration for
probation revocation is over four (4) years. 

Adult probationers in Texas currently have an "early release date" which
is two years or one-third of the full probation term, whichever is less.
Currently, few probationers are released on this date.  
The purpose of CSHB 2624 is to release offenders from state supervision
after they have successfully completed one-third of their probation term.
In the best interests of society, the bill allows a judge to deny early
release. 

In March 2003, the Criminal Justice Policy Council calculated the positive
fiscal impact of CSHB 2624 to be over $55 million in cost avoidance and
basic supervision cost savings to the state for the 2004-2005 biennium,
and over $95 million for the 2006-2007 biennium.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 2624 allows early discharge for defendants originally placed on
community supervision for a term of two years or longer.  (Misdemeanants
are unaffected by the bill; they will continue to fall under previous law
to be considered for early discharge from community supervision.)  The
bill also allows early release for defendants convicted of an offense
punishable as a state jail felony and clarifies the eligibility of a
defendant under community supervision for early release in relation to the
judges' discretion.  

CSHB 2624 removes the option of release upon completion of two years under
community supervision, leaving eligibility to occur after successfully
serving at least one-third of the probationers term.  The bill also
creates a one-time supervision termination fee to be paid by the
probationer to the CSCD in the amount of $500.00.   

Under CSHB 2624, if the judge requires a defendant to remain under
supervision, the judge shall enter a written statement in the records of
the case specifying the grounds for the judge's opinion that the best
interest of society and the defendant will be served if the defendant
remains under supervision. 
     
The bill states the amount of per capita funding a department receives
from the comptroller based on vouchers under  509.011(a)(1) may not be
less than the department receives during the fiscal years of 2004 - 2005.
CSCDs shall use the anniversary date of the community supervision
judgement to determine eligibility for early release from probation. 

 
EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by allowing early discharge for
defendants originally placed on community supervision for a term of two
years or longer.  The substitute also allows early release for defendants
convicted of an offense punishable as a state jail felony and clarifies
the eligibility of a defendant under community supervision for early
release in relation to the judges' discretion. 

The substitute also creates a one-time supervision termination fee to be
paid by the probationer to the CSCD in the amount of $500.00 and requires
the judge to enter a written statement in the records of the case
specifying the grounds for the judge's opinion that the best interest of
society and the defendant will be served if the defendant remains under
supervision. 
     
The substitute states the amount of per capita funding a department
receives may not be less than the department receives during the fiscal
years of 2004 - 2005.  CSCDs shall use the anniversary date of the
community supervision judgement to determine eligibility for early release
from probation 

The substitute also changes the effective date to apply to defendants
placed on community supervision on or after (deleting "before") the
effective date of September 1, 2003.