| TO: | Honorable Jerry Madden, Chair, House Committee on Corrections |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3702 by Miles (Relating to mandatory supervision for certain drug possession offenses.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | $3,375,033 |
| 2009 | $5,737,723 |
| 2010 | $5,737,723 |
| 2011 | $5,737,723 |
| 2012 | $5,737,723 |
| Fiscal Year | Probable Savings/(Cost) from GENERAL REVENUE FUND 1 |
|---|---|
| 2008 | $3,375,033 |
| 2009 | $5,737,723 |
| 2010 | $5,737,723 |
| 2011 | $5,737,723 |
| 2012 | $5,737,723 |
The bill would amend the Government Code by removing parole panel determinations that would prevent the release to mandatory supervision of inmates convicted of third degree felony drug possession offenses.
The bill would take effect immediately if it receives approval of two-thirds of the members of each house. If the bill does not receive two-thirds approval, it would take effect on September 1, 2007.
According to Texas Department of Criminal Justice (TDCJ) data, there were 1,635 offenders, whose offense was third degree felony possession of a controlled substance, considered for release on mandatory supervision in fiscal year 2006. Of those considered, 527 offenders (32 percent) were denied release. Of those denied, TDCJ estimates that 165 offenders will be discharged prior to their next consideration hearing and 362 offenders will remain in prison. Those discharged prior to their next consideration hearing will serve an average of 168 days in confinement until discharged. The 362 offenders denied release and not discharged will serve approximately one year until their next consideration for release on mandatory supervision hearing.
In order to estimate the future impact of the proposal, the changes proposed for release policy are applied in a simulation model, to an on-hand prison population where mandatory supervision decisions are modeled according to current policy and according to the bill to determine the impact of the bill on the prison population. For current policy it is assumed that future mandatory supervision decisions for third degree felony possession of controlled substance offenders would be equivalent to decisions made in fiscal year 2006. The simulation model also includes increased parole supervision costs associated with individuals that would be released from prison to mandatory supervision. Savings of incarceration by the Department of Criminal Justice are estimated on the basis of $40 per inmate per day for prison, reflecting approximate costs of either operating facilities or contracting with other entities. Costs of parole supervision at $3.51 per day for parole supervision of offenders that would complete the remainder of their term on parole supervision are also included.
| Source Agencies: | 696 Department of Criminal Justice
|
| LBB Staff: | JOB, ES, GG, TM
|