| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB5 by Deuell (Relating to the prosecution, punishment, and supervision of certain sex offenders and to certain crimes involving sex offenders.), As Introduced |
The provision of the bill that is the subject of this analysis would set the minimum term of imprisonment to 25 years if the offense is a sexually violent offense punishable as a felony of the first degree and that the victim is younger than 14 years of age. The bill would enhance the punishment for the offense of indecency with a child from a third degree feloy to a felony of the first degree if the victim is younger than 14 years of age. The bill would enhance the punishment for the offense of sexual performance of a child from a second degree felony to a felony of the first degree if the victim is younger than 14 years of age, and from a third degree felony to a felony of the first degree if the victim is younger than 14 years of age.
A third degree felony 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 second degree felony 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 first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
For fiscal year 2006, the Texas Department of Criminal Justice (TDCJ) received 2,141 offenders for the offenses of indecency with a child, sexual performance of a child, sexual assault (of a child), and aggraved sexual assault (of a child). Based on a sample of fiscal year 2006 TDCJ intakes for the Penal Code citations listed in the bill, it is estimated that 1,503 (70.2%) of the 2,141 offenders committed their offense against children under the age of 14 (2,141 X 70.2% = 1,503). In order to estimate the future impact of the proposal, the changes proposed for admission and release policy are applied in a discrete event simulation model that calculates the differences in sentencing and release policy based on whether the offenders are released according to current statute, or under the provisions of the bill.
| Fiscal Year | Increase In Demand For Prison Capacity | Decrease In Release Population |
|---|---|---|
| 2008 | 0 | 0 |
| 2009 | 0 | 0 |
| 2010 | 9 | 9 |
| 2011 | 71 | 71 |
| 2012 | 246 | 246 |
The increase in demand for capacity during the first five years is primarily the result of mandatory minimum time served requirements that would apply to offenders convicted of the offense of indecency with a child. Given the proposal would apply to offenses committed on or after September 1, 2007, and that under current law and policy, individuals convicted of sexually violent offenses serve a very high percentage of their sentence (90.1%), the full impact of this proposal will not be realized in the first five years of implementation. The simulation model indicates that the impact of the enhancement provisions of the bill would not be fully realized in the first five years following passage; however, the additional time served requirements of the bill would likely result in the need for an additional 9,500 beds by fiscal year 2025.
| Source Agencies: | 537 State Health Services, Department of, 696 Department of Criminal Justice
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| LBB Staff: | JOB, GG
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