TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB61 by Wise (Relating to the eligibility of certain defendants charged with or convicted of sexual offenses against children for release on community supervision.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2004 | ($1,662,287) |
2005 | ($4,986,860) |
2006 | ($8,311,433) |
2007 | ($11,636,007) |
2008 | ($14,960,580) |
Fiscal Year | Probable Savings/(Cost) fromGENERAL REVENUE FUND 1 |
---|---|
2004 | ($1,662,287) |
2005 | ($4,986,860) |
2006 | ($8,311,433) |
2007 | ($11,636,007) |
2008 | ($14,960,580) |
The bill would amend the Code of Criminal Procedure by prohibiting the placement on community supervision of a defendant who commits certain sexual offenses, if the victim of the offense was younger than 17 years of age and suffered serious bodily injury or death as a result of the offense. The bill would also prohibit placement on community supervision of a defendant who commits certain sexual offenses if the victim of the offense was younger than 12 years of age, unless the court determines that it is in the best interest of the victim that the defendant not be imprisoned.
The change in law would apply only to an offense committed on or after September 1, 2003.
After 5 years of cumulative impact, the additional demand for prison beds from this bill would reach 1,062, assuming that the number of offenders sentenced for these offenses would not change in the future. At $40 per day, the annual cost of either operating facilities or contracting with other entities for 1,062 inmates is approximately $15.5 million.
According to information from the Criminal Justice Policy Council (CJPC), 1,556 sex offenders were placed on probation during fiscal year 2002 for the sexual offenses listed in this bill. Of the 1,556 sex offenders placed on probation in fiscal year 2002, 236 committed their offense against a victim younger than 17 years of age, with the victim suffering serious bodily injury or death.
In order to estimate the future impact of the proposal, the changes proposed for admission and release policy are applied in a simulation model, to (1) prison admissions that reflect the distribution of offenses, sentence lengths, and time served, and (2) the decrease in the number of people on community supervision, due to the decreased number of sex offenders placed on community supervision during the time period of the fiscal impact. Included in the estimated costs are projected community supervision operating savings.
Source Agencies: | 410 Criminal Justice Policy Council, 696 Department Of Criminal Justice
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LBB Staff: | JK, JO, WK, VDS, GG
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