TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	SB1632 by Hinojosa (Relating to the sentencing of juveniles in juvenile court and the functions of the Texas Youth Commission.), As Introduced

The provision of the bill that is the subject of this analysis would amend the Family Code by requiring a juvenile court to specify in its order committing a youth to the Texas Youth Commission the date the youth must be discharged.  The bill would require the discharge date to occur before the child’s 21st birthday. 
 
There are approximately 800 juvenile court judges and alternate judges responsible for establishing discharge dates if indeterminate sentences are eliminated by the bill.  In fiscal year 2004, there were 2,526 new commitment intakes to the Texas Youth Commission.  Of the 2,526 new commitment intakes, it is estimated that 2,236 (89%) would be required to have determinate sentences, as required by the bill.  A sentencing grid based on offense severity and offense history would be used for sentencing; however, the bill provides no guidelines or standards for the juvenile courts to use in place of the current indeterminate sentencing option. 
 
The impact of the bill on future TYC populations is not anticipated to be significant but would depend on the amount of time served by youths affected by the bill.  The Texas Youth Commission indicated that a decrease in time served by youths affected by the bill is likely.  The decrease in time served would result in a lower population.  However, the agency also believes that shorter commitment periods in TYC facilities could be an attractive alternative to local residential placements of a year or less in currently crowded county facilities that are currently used for less serious offenders.  It is possible that an increased number of short-term commitments could increase the overall TYC population.