Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB221 by Menendez (Relating to delaying parole eligibility for an individual convicted of certain violent offenses who evades arrest and to the punishment prescribed for the offense of evading arrest or detention.), As Engrossed
The bill would amend the Government Code as it relates to the parole eligibility of certain offenders by delaying the parole eligibility date if there is a finding regarding delay in arrest of the defendant in the trial for the offense of murder, sexual assault, or aggravated sexual assault. For offenders with such a finding, for every twelve months between the date an arrest warrant is issued following indictment for the offense and the date the inmate is arrested for the offense, the earliest date on which an inmate is eligible for parole is delayed by three years if the inmate is serving a sentence for the offense of murder, sexual assault, or aggravated sexual assault.
In fiscal year 2008, approximately 640 offenders were admitted to prison for murder, approximately 1,180 offenders were admitted to prison for aggravated sexual assault, and approximately 770 offenders were admitted to prison for sexual assault. They had average sentence lengths of 33 years, 21 years, and 9 years, respectively. In fiscal year 2008, approximately 480 offenders were released from prison for murder, approximately 840 offenders were released from prison for aggravated sexual assault, and approximately 820 offenders were released from prison for sexual assault. They served approximately 73 percent, 90 percent, and 93 percent of their sentences, respectively. Given the proposal would apply to offenses committed on or after September 1, 2009 and that under current law and policy individuals convicted of sexual assault, aggravated sexual assault, and murder serve a high percentage of their sentence, the impact of delaying parole eligibility, as established by this proposal, would not have a significant impact in the first five years of implementation.
The bill would also amend the Penal Code to make evading arrest or detention punishable as a Class A misdemeanor or a state jail felony if the actor has a prior conviction for evading arrest or detention. The offense is currently punishable as a Class B misdemeanor. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement and/or supervision of convicted offenders from the counties to the State. The probable impact of implementing this provision of the bill cannot be determined due to the unavailability of reliable data or information related to the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention.