LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 19, 2005

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB1896 by Hodge (Relating to the application of laws awarding credit to an inmate for time between release on and subsequent revocation of parole, mandatory supervision, or conditional pardon.), As Engrossed

The bill would retroactively apply changes made to Section 508.283, Government Code, by the 77th Legislature related to awarding credit to an inmate for time between release and the subsequent revocation of parole, mandatory supervision, or conditional pardon.  The bill would require a review of all parole, mandatory supervision, or conditional pardon revocation cases that occurred prior to September 1, 2001 to determine whether an individual revoked would be eligible to receive credit for a portion of the time served on parole prior to revocation. 

The actual number of inmates incarcerated by the Texas Department of Criminal Justice (TDCJ) and the number of offenders on parole supervision that would be eligible to receive credit for a portion of the time served on parole prior to revocation is not known.  TDCJ records can identify the number of inmates, and offenders on parole supervision, with revocations prior to September 1, 2001, but a sample was necessary to determine the number of applicable offenders that would meet the necessary requirements for allowing credit for time served on parole prior to revocation.  Of the inmate files reviewed by TDCJ, it was determined that 1.61% of inmates would meet the requirements of the bill and be discharged if the legislation was passed.  Applying 1.61% to the 16,534 inmates in prison with revocations prior to September 1, 2001, it is estimated that 266 prison offenders would receive a discharged sentence and be released from prison one year early due to the provisions of the bill.  Of the parole supervision files reviewed, it was determined that 5.42%, or 1,566, of the 28,902 offenders on parole supervision with revocations prior to September 1, 2001 would be discharged from parole supervision. 




Fiscal Year Decrease In Demand For Prison Capacity Decrease In Release Population
2006 256 1,566
2007 0 1,566
2008 0 1,566
2009 0 1,566
2010 0 1,566


Source Agencies:
LBB Staff:
JOB, GG