The bill would amend the government Code by removing parole panel determinations that would prevent the release to mandatory supervision of inmates convicted of third degree felony drug possession offenses.  The bill would take effect immediately if it receives approval of two-thirds of the members of each house.  If the bill does not receive two-thirds approval, it would take effect on September 1, 2007. 

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.

According to Texas Department of Criminal Justice (TDCJ) data, there were 1,635 offenders, whose offense was third degree felony possession of a controlled substance, considered for release on mandatory supervision in fiscal year 2006.  Of those considered, 527 offenders (32 percent) were denied release.  Of those denied, TDCJ estimates that 165 offenders will be discharged prior to their next consideration hearing and 362 offenders will remain in prison.  Those discharged prior to their next consideration hearing will serve an average of 168 days in confinement until discharged.  The 362 offenders denied release and not discharged will serve approximately one year until their next consideration for release on mandatory supervision hearing. 

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: