LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
April 24, 2003

TO:
Honorable Ray Allen, Chair, House Committee on Corrections
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
HB2624 by Haggerty (Relating to the operation of community supervision and corrections departments and to the early release of a defendant from community supervision.), Committee Report 1st House, Substituted

The bill would amend the Code of Criminal Procedure by requiring judges to dismiss the proceedings and discharge a defendant from community supervision when the defendant has successfully completed one-third of the original period of community supervision imposed, unless in the judge's opinion the best interest of society and the defendant will be served if the defendant remains under supervision.  The bill would apply to state jail felons, but would not apply to sex offenders requiring registration, and DWI offenders. 

 

The change in law would apply only to a defendant who is originally placed on community supervision on or after September 1, 2003. 

In this analysis, it is assumed that 50% of offenders meeting the basic early termination requirements will be considered successful candidates by the courts.  The 50% assumption is based on the current percentage of felony probationers under the minimum level of supervision and half of felony offenders under the medium level of supervision.  It is also assumed that probationers who have been revoked to prison for a technical violation serve an average of 2.7 years before release.  Probationers revoked to State Jail are assumed to have served 10 months before release. 

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 Decrease In Demand For Prison/State Jail Capacity Decrease In Community Supervision Population
2004 0 0
2005 87 965
2006 644 21,382
2007 1,546 44,483
2008 2,312 47,834


Source Agencies:
410 Criminal Justice Policy Council
LBB Staff:
JK, GG