LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
March 20, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB759 by Dutton (Relating to the penalty for possession of a small amount of certain controlled substances.), As Introduced

The bill would amend the Health and Safety Code by reducing the punishment for possession of less than one gram of controlled substances in Penalty Group 1 and Penalty Group 2 from a state jail felony to a Class A Misdemeanor.
 
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 Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
 
When an offense is changed from a felony to a misdemeanor, there is a transfer of the burden of confinement of convicted offenders from the State to the counties.  In fiscal year 2006, there were 8,749 state jail admissions and 10,162 offenders placed on felony community supervision for possession of less than one gram of Penalty Group 1 or Penalty Group 2 controlled substances.
 
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:



Fiscal Year Decrease In Demand For State Jail Capacity Decrease In Community Supervision Population
2008 63 2,527
2009 4,126 12,283
2010 5,331 19,277
2011 5,610 19,477
2012 5,818 19,481


Source Agencies:
LBB Staff:
JOB, GG