| 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 |
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.
According to information from the Criminal Justice Policy Council (CJPC), 1,556 sex offenders were placed on community supervision during fiscal year 2002 for the sexual offenses listed in this bill. Of the 1,556 sex offenders placed on community supervision in fiscal year 2002, 236 committed the offenses of indecency with a child, sexual assault, aggravated sexual assault, and possession of child pornography, against a victim younger than 17 years of age, with the victim suffering serious bodily injury or death.
Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:
| Fiscal Year | Increase In Demand For Prison Capacity | Decrease In Community Supervision Population |
|---|---|---|
| 2004 | 118 | 118 |
| 2005 | 354 | 354 |
| 2006 | 590 | 590 |
| 2007 | 826 | 826 |
| 2008 | 1,062 | 1,062 |
| Source Agencies: | |
| LBB Staff: | JK, GG
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