LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 3, 2005

TO:
Honorable Jerry Madden, Chair, House Committee on Corrections
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB2193 by Madden (Relating to the operation of a system of community supervision.), As Introduced

The bill would amend the sections of the Code of Criminal Procedure relating to the period of community supervision, the reduction or termination of community supervision by a judge, the credit of time served on community supervision against any term or confinement a defendant is sentenced to serve, and the establishment of a prison diversion program.  

It is assumed that no reduction in the community supervision population would be realized in the first two years of implementation.  It would take more than five years for the full reduction in community supervision population to be achieved because it is assumed that this proposal would only apply to offenders placed on community supervision on or after September 1, 2005.  The impact from this analysis would be realized by the reduction in the maximum period of community supervision from ten years to five years.  It is assumed that a reduction in the community supervision population would result in a decrease of future community supervision revocations to prison.  It is also assumed that probationers who have been revoked to prison for a technical violation serve an average of 2.7 years before release.  The provision of the bill eliminating the requirement that defendants complete one-third of the original community supervision period, or two years, whichever is less, could further reduce the community supervision population depending on the extent to which the provision would be applied by judges; however, it is not included in this analysis.

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 Capacity Decrease In Community Supervision Population
2006 0 0
2007 0 0
2008 5 153
2009 45 1,167
2010 176 3,796


Source Agencies:
LBB Staff:
JOB, GG