Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB1061 by King, Phil (Relating to confinement in county jail of a defendant awaiting transfer to a community corrections facility or a substance abuse treatment facility.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to limit to 180 days the amount of time a defendant may be confined in a county jail awaiting transfer to a community corrections facility. In addition, time spent confined in a county jail awaiting transfer to a community corrections facility or a substance abuse treatment facility would apply toward completion of the defendant's sentence.
The proposed changes to statute would apply only to a defendant convicted or placed on community supervision for an offense committed on or after the effective date, which would be September 1, 2007.
Local Government Impact
Under current statute, no limit is placed specifically on the amount of time a defendant may be held in a county jail awaiting transfer to a community corrections facility (CCF), although there is a 30-day limit to how long a defendant placed on community supervision for a misdemeanor may be confined as a condition of their supervision. If defendants awaiting transfer to a CCF are currently being held longer than the proposed 180 days, a county jail would experience a savings by reducing the amount of time a misdemeanor offender on community supervision is confined. If defendants awaiting transfer to a CCF are currently being held no more than 30 days, a county jail would experience an increase in the use of the jail beds for confining a person up to 180 days, and therefore would incur an increase in related costs. Based on estimates provided by a sampling of county jails, the cost per day per person in county jail can range between $25 and $61.