TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB2115 by Frost (Relating to a defendant's eligibility for deferred adjudication of certain intoxication offenses.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2008 | ($429,874) |
2009 | ($644,810) |
2010 | ($644,810) |
2011 | ($644,810) |
2012 | ($644,810) |
Fiscal Year | Probable Revenue Gain/(Loss) from GENERAL REVENUE FUND 1 |
---|---|
2008 | ($429,874) |
2009 | ($644,810) |
2010 | ($644,810) |
2011 | ($644,810) |
2012 | ($644,810) |
This bill would amend the Code of Criminal Procedure making offenders convicted of driving while intoxicated with a child passenger (49.045, Penal Code) and assembling or operating an amusement ride while intoxicated (49.065, Penal Code) ineligible for judge-ordered deferred adjudication community supervision.
This bill would take effect September 1, 2007 and apply only to an offense committed on or after the effective date.
In fiscal year 2005, 281 offenders were placed on deferred adjudication community supervision for driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated. For this analysis, it is assumed half of these defendants would be shifted from community supervision to state jail as a result of the bill and would receive an average sentence of 6 to 9 months. In order to estimate the future impact of the bill, the changes proposed for admission and release policy are applied in simulation models, to estimate the decrease in the number of people on community supervision from the bill and the shift in defendants convicted of the offense driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated from community supervision placement to state jail.
Costs of incarceration by the Texas Department of Criminal Justice are estimated on the basis of $35 per inmate per day for state jail facilities, reflecting approximate costs of either operating state jail facilities or contracting with other entities. Savings from the reduced community supervision population, as a result of the bill, are also included in this analysis. After five years of cumulative impact, fiscal implications will continue as long as the provisions of the bill are implemented.
Source Agencies: | 696 Department of Criminal Justice
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LBB Staff: | JOB, ES, GG, LM
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