LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 27, 2007

TO:
Honorable Jerry Madden, Chair, House Committee on Corrections
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2807 by Madden (Relating to the Texas Youth Commission and the prosecution of certain offenses and delinquent conduct in the Texas Youth Commission and certain other criminal justice agencies; providing penalties. ), Committee Report 1st House, Substituted

The bill would amend the Family Code by prohibiting juvenile courts from committing youth to the Texas Youth Commission (TYC) for a misdemeanor crime, or for violation of misdemeanor probation, and requires youth committed to TYC for a misdemeanor prior to the enactment of the bill to be released not later than their 19th birthday.  The bill would also amend the Government Code by requiring that for youths transferred from TYC to the Department of Criminal Justice (TDCJ), a parole panel must review the person’s records before releasing to parole. 

 

The bill would also provide juveniles with determinate sentences credit for time served in a secure detention facility while awaiting trial or pending an appeal.  Providing credit for time served in a secure detention facility while awaiting trial or pending appeal would result in reduced terms of confinement; however, the amount of time by which confinement for these offenders would be reduced cannot be determined due to the unavailability of reliable data or information related to the amount of time a juvenile with a determinate sentence spends in a secure detention facility while awaiting trial or pending an appeal.   

 

For the purposes of this analysis, it is assumed of the offenders removed from TYC, according to the bill, only sentenced offenders and certain violent offenders would be transferred from TYC to TDCJ facilities, or to TDCJ parole supervision.  Assuming sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing this provision of the bill during each of the first five years following passage, in terms of daily demand upon the Texas Youth Commission and adult corrections agencies, is estimated as follows:    




Fiscal Year Decrease In Demand For TYC Residential Capacity Decrease In Demand for TYC Parole Supervision Population Increase In Demand For TDCJ Prison Capacity Increase In TDCJ Parole Supervision Population
2008 692 958 319 1,117
2009 1,035 1,091 400 1,293
2010 1,142 1,249 352 1,331
2011 1,171 1,312 337 1,304
2012 1,176 1,331 351 1,281


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