80(R) SB 1347 - Introduced version

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2008	($2,912,500)
2009	($2,912,500)
2010	($2,912,000)
2011	($2,976,800)
2012	($3,042,000)

Fiscal Year	Probable Savings/(Cost) from GENERAL REVENUE FUND 1	Probable Savings/(Cost) from STATE HIGHWAY FUND 6
2008	($2,912,500)	($5,017,670)
2009	($2,912,500)	($1,868,659)
2010	($2,912,000)	($1,868,659)
2011	($2,976,800)	($1,868,659)
2012	($3,042,000)	($1,868,659)

Fiscal Year	Change in Number of State Employees from FY 2007
2008	8.0
2009	8.0
2010	8.0
2011	8.0
2012	8.0

Fiscal Analysis

The bill would amend the Government Code by expanding the scope of collecting DNA samples from adult and juvenile offenders beyond those who are incarcerated and provides revision of current statutory language. The bill makes provisions for adults and juveniles separately. The bill provides for expanding the DNA sampling to include offenders from community supervision and corrections department (CSCDs), parolees, felony adjudicated youth in non-Texas Youth Commission (TYC) facilities, juvenile probationers, and those youth committed to TYC and who have received federal or other state’s felony adjudications. The bill would amend the Code of Criminal Procedure by requiring that a DNA sample be obtained for any person convicted of a felony. A defendant convicted of a felony, as a condition of community supervision, is to provide a DNA sample for the purpose of creating a DNA record, unless the defendant has already submitted the required sample under other state law. The bill would require a parole panel, as a condition of parole or mandatory supervision, that a releasee convicted of a felony provide a DNA sample for the purpose of creating a DNA record. The bill would amend the Family Code and Human Resources Code by requiring that a DNA sample of a juvenile be obtained from any youth who is: 1) adjudicated for commission of a felony; 2) committed to the Texas Youth Commission and ordered by the juvenile court to provide a DNA sample; and 3) committed to the TYC for an adjudication for a misdemeanor if it occurred in this state, or if from another state or under federal law the juvenile has previously been adjudicated for the commission of a felony.

Methodology

The Department of Public Safety (DPS) has determined that the costs associated with implementing the bill to be $5.0 million in State Highway Fund 6 ($3.1 million in fiscal year 2008 and $1.9 million in fiscal year 2009). The DPS currently receives DNA samples from adult and juvenile felons placed on probation or parole for sexual related offenses. According to records provided by Texas Department of Criminal Justice (TDCJ) and the Texas Juvenile Probation Commission (TJPC), the DPS estimates that the number of DNA samples submitted to DPS will increase by approximately 61,245 each year. The increase of DNA submissions will require DPS to increase the Combine DNA Information System (CODIS) laboratory space, personnel, DNA reagents, and equipment. These costs over the biennium would include: $0.8 million for eight (8) additional laboratory personnel, $1.3 million for equipment, $2.7 million for the DNA reagents, and $54,000 for additional laboratory space.

The Department of Criminal Justice estimates the costs associated with implementing the bill to be approximately $5.8 million in General Revenue funds during fiscal year 2008 and 2009. These initial costs include from current caseloads, collecting DNA samples from 106,000 felony probationers ($5.3 million) and collecting DNA samples from the 10,500 offenders on active felony parole supervision whom have not provided a sample ($525,000). In fiscal year 2006, there were 56,573 new felony probationers. Based on the Legislative Budget Board January 2007 population projections, it is estimated that there will be 58,240 new felony probationers in fiscal year 2010, approximately 59,536 new felony probationers in fiscal year 2011, and approximately 60,840 new felony probationers in fiscal year 2012. Costs for collecting DNA samples for adult felony probationers in the subsequent years are estimated to be approximately $3.0 million per year.

According to the Texas Youth Commission, DNA samples are currently collected for felony offenders. The TYC has determined that the costs associated with implementing the bill would not be significant and could be absorbed with current resources.

The Texas Juvenile Probation Commission (TJPC) has estimated that the costs associated with implementing the bill would impact local counties by approximately $437,150 per year. TJPC estimates that the cost of collecting a DNA sample is $50 per sample. During fiscal year 2006, approximately 8,743 juveniles from all counties (8,743 x $50 = $437,150) were adjudicated for the commission of a felony offense, excluding felony sex offenders who currently are required to provide a DNA sample.

Harris County reported costs of $1.6 million in fiscal year 2008, mostly for hiring and outfitting 21 new personnel. Three additional employees would be hired in fiscal year 2011; costs would rise to $1.9 million by fiscal year 2012.

The Jefferson County Adult Probation Department reported requiring three new personnel at a cost of $157,000 in fiscal year 2008. The Travis County Sheriff’s Office reported new operational costs of $1.9 million in fiscal year 2008 and each fiscal year afterwards to pay for an estimated 6,100 DNA tests at approximately $319 each.

Dallas County, the Montgomery County Sheriff’s Office, the Nueces County Sheriff’s Office, and Tarrant County Juvenile Services reported that implementing the provisions of the bill would have no effect on their budgets.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION


April 24, 2007

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice

FROM:	John S. O'Brien, Director, Legislative Budget Board

IN RE:	SB1347 by Patrick, Dan (Relating to a mandatory DNA record for individuals convicted of certain offenses or adjudicated as having engaged in conduct constituting the commission of certain offenses.), As Introduced