LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 11, 2007

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB838 by Whitmire (Relating to the revocation or modification of a person's parole.), As Introduced

The bill would amend the Hearings and Sanctions Subchapter of the Government Code by specifying conditions under which a parole panel may require a person to remain under custodial supervision each time the board modifies a person’s parole or mandatory supervision.  The bill would set a term of not less than 180 days or more than one year for a person with a modified parole or mandatory supervision term modified by a parole panel and required to serve a term of confinement and treatment in a substance abuse treatment facility.  The bill also prohibits a parole panel from revoking a person’s parole or mandatory supervision for an administrative violation of a condition of release, or for an offense punishable as a misdemeanor committed after release.

 

The bill would amend the Hearings and Sanctions Subchapter of the Government Code by specifying a term of not less than 60 days or more than one year for a person who has violated the terms of their parole or mandatory supervision and is required by a parole panel to remain under custodial supervision in an intermediate sanction facility. The bill would allow a parole panel to require a person to remain under custodial supervision each time the panel modifies the person’s parole or mandatory supervision. 

 

In fiscal year 2006, 2,238 admissions to TDCJ were for technical revocations of terms of parole or mandatory supervision.  Savings would result from the bill as a result of parole and mandatory supervision violators being diverted from prison to substance abuse treatment facilities or intermediate sanction facilities rather than prison.  With an average length of stay of three months, 550 intermediate sanction facility beds would accommodate 2,200 persons with technical revocations of their conditions of parole or mandatory supervision.  Conversely, 2,200 persons revoked to prison for technical revocations of their conditions of parole or mandatory supervision are likely to require 4,400 prison beds assuming an average length of stay of two years. 

 

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:




Fiscal Year Decrease In Demand For Prison Capacity Increase In Release Population
2008 568 568
2009 1,958 1,958
2010 3,217 3,217
2011 4,008 4,008
2012 4,587 4,587


Source Agencies:
LBB Staff:
JOB, GG