This bill would amend the Code of Criminal Procedure allowing a judge to place on community supervision offenders convicted of certain felonies.  Felonies for which a judge was not previously able to grant community supervision are listed within Article 42.12, Section 3g and include: murder; capital murder; indecency with a child; aggravated kidnapping; aggravated sexual assault; aggravated robbery; a controlled substance offense if the punishment is increased because the offense occurred within a drug free zone; sexual assault; or if it is shown that a deadly weapon was used in the commission of the felony.

Under the current statute, four percent of fiscal year 2005 felony community supervision placements were 3g offenders ((2,255 3g felony community supervision placements/56,415 felony community supervision placements)*100).  At present a 3g offender can be placed on adjudicated community supervision upon the recommendation of a jury or placed on deferred adjudication by a judge.   Assuming judges would now place a comparable number of 3g offenders on adjudicated community supervision rather than sentencing them to prison, the resulting decrease in prison admission would be 105 offenders (2,614 3g offenders sentenced to prison with sentences of 10 years and less *.04).  Depending on the application of the provision of the bill it is possible the reduction in the number of 3g offenders sentenced to prison could result in lower correctional populations.  However, it is not expected to have a significant impact on criminal justice populations.