TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB2260 by Hardcastle (Relating to penalties for repeat and habitual felony offenders.), As Introduced |
The bill would amend the Penal Code as it relates repeat and habitual offenders. This bill would provide penalty enhancements for individuals convicted of subsequent felony offenses.
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 felony of the third degree 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.
A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.
Based on fiscal year 2006 admissions to the Texas Department of Criminal Justice (TDCJ), 46% of state jail admissions and 37% of prison admissions would qualify for enhanced punishments, as prescribed by the bill. The average additional amount of time served by state jail admissions as a result of the bill would be 149 days. The average additional amount of time served by prison admissions as a result of the bill would be 923 days.
Assuming other 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 adult correctional populations, is estimated as follows:
Fiscal Year | Increase In Demand For State Jail Capacity | Increase In Demand For Prison Capacity | Decrease In Release Population |
---|---|---|---|
2008 | 950 | 184 | 184 |
2009 | 8,532 | 5,897 | 5,897 |
2010 | 10,663 | 19,400 | 19,400 |
2011 | 10,783 | 31,026 | 31,026 |
2012 | 10,934 | 37,603 | 37,603 |
Source Agencies: |
LBB Staff: | JOB, GG, LM
|