Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1920 by Allen, Ray (Relating to the imposition of sanctions on defendants who violate conditions of community supervision.), As Introduced
The bill would amend the Government Code by requiring the Community Justice Assistance Division (CJAD) of the Texas Department of Criminal Justice (TDCJ) to propose to the Board of Criminal Justice (and for the board to adopt) reasonable rules establishing minimum standards for a system of progressive sanctions for defendants who violate conditions of community supervision. The bill would also require each community supervision and corrections department (CSCD) to include in their community justice plan a commitment to meet or exceed the minimum standards established by CJAD for a system of progressive sanctions.
The bill would also amend the Code of Criminal Procedure by requiring a judge, supervision officer, or magistrate who modifies conditions of community supervision after a violation of a condition of community supervision to attempt to comply with the system of sanctions adopted by the community supervision and corrections department supervising the defendant.
The impact of the bill could reduce the number of offenders revoked to TDCJ for technical revocations, depending on the number of offenders who violate conditions of community supervision and the extent to which judges, supervision officers, and magistrates comply with the system of sanctions. For example, if the fiscal year 2004 technical revocation rate was reduced by one percent, from 9.1% to 8.1%, approximately 1,600 technical probation revocations resulting in prison admissions could be avoided. If a one percent decrease in technical revocations occurred each year, an estimated 8,000 revocations could be avoided through fiscal year 2010, assuming sentencing patterns and release policies not addressed in this bill remain constant.