LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
May 7, 2007

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB312 by Turner (Relating to the burden of proof in a community supervision revocation hearing regarding a defendant's ability to make certain court-ordered payments.), As Engrossed

The bill would amend the Code of Criminal Procedure by specifying that in community supervision revocation hearings at which the only allegation is failing to pay certain court-ordered payments, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.  Of the 1,021 felony community supervision revocation cases during September 2005 in the five largest Community Supervision and Corrections Departments, 2 percent had only an allegation of failure to pay on their final Motion to Revoke.  Depending on the application of the provision of the bill it is possible the number of revocations to county jail, state jail, or prison will be reduced, resulting in possibly lower correctional populations.  However, it is not expected to have a significant impact on criminal justice populations.



Source Agencies:
LBB Staff:
JOB, LM, TM, GG