LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 9, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2115 by Frost (Relating to a defendant's eligibility for deferred adjudication of certain intoxication offenses.), As Introduced

The bill would amend the Code of Criminal Procedure making offenders convicted of driving while intoxicated with a child passenger (49.045, Penal Code) and assembling or operating an amusement ride while intoxicated (49.065, Penal Code) ineligible for judge-ordered deferred adjudication community supervision.  The bill would take effect September 1, 2007 and apply only to an offense committed on or after the effective date.

 

In fiscal year 2005, 281 offenders were placed on deferred adjudication community supervision for driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated.  For this analysis, it is assumed half of these defendants would be shifted from community supervision to state jail as a result of the bill and would receive an average sentence of 6 to 9 months.  In order to estimate the future impact of the bill, the changes proposed for admission and release policy are applied in simulation models, to estimate the decrease in the number of people on community supervision from the bill and the shift in defendants convicted of driving while intoxicated with a child passenger or assembling or operating an amusement ride while intoxicated from community supervision placement to state jail.

 

Assuming 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 Increase In Demand For Prison Capacity Increase In Release Population
2008 70 70
2009 105 105
2010 105 105
2011 105 105
2012 105 105


Source Agencies:
LBB Staff:
JOB, GG, LM