| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB2668 by Allen (Relating to the punishment and sentencing of defendants convicted of certain offenses under the Texas Controlled Substances Act.), As Engrossed |
The bill would amend the Penal Code by requiring mandatory community supervision for first time offenders adjudged guilty of possession of amounts of controlled substances that are punishable as state jail felonies. Under current law such offenders are eligible for state jail community supervision or incarceration in a state jail facility. For state jail felons identified in the bill, if it is shown on the trial of the offense that the individual previously has been adjudged guilty of a felony, the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed. Also for state jail felons identified in the bill, the provision requiring the judge to suspend the imposition of the sentence and place the defendant on supervision would not apply if the defendant possesses more than five abuse units of a Penalty Group 1A controlled substance, or if the individual possessed more than one pound of marihuana.
The bill would apply to an offense committed after September 1, 2003.
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 State Jail Capacity | Increase In State Jail Community Supervision Population |
|---|---|---|
| 2004 | 724 | 1,939 |
| 2005 | 1,596 | 5,736 |
| 2006 | 2,127 | 9,371 |
| 2007 | 2,509 | 11,897 |
| 2008 | 2,509 | 12,645 |
| Source Agencies: | 410 Criminal Justice Policy Council
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| LBB Staff: | JK, GG
|