The provision of the bill that is the subject of this analysis would amend the Penal Code by enhancing the punishment for the offense of fraudulent use or possession of identifying information from a state jail felony to a felony of the third degree. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

In fiscal year 2006, 213 admissions to state jail and 589 intakes to community supervision were convicted of the offense of fraudulent use or possession of identifying information.  For this analysis it is assumed that those individuals placed on community supervision would remain on community supervision; however, those individuals admitted to state jail would serve additional time incarcerated as third degree felons.  For fiscal year 2006 releases, state jail felons for the offense identified in the bill were incarcerated for an average time of 294 days while third degree felons were incarcerated for an average time of 929 days.  The impact of this provision of the bill would result from the additional time served by offenders with an enhanced punishment.  Also included in the analysis is the resulting increase in the parole supervision population as a result of third degree felony offenders being released from prison and added to parole supervision caseloads.   

Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows: