LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
March 30, 2009

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
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.), As Introduced

The bill would amend the Government Code as it relates to the parole eligibility of certain offenders by delaying the parole eligibility date if the offenders evaded arrest.  For every twelve months between the date the arrest warrant is issued for the offender and the date the offender is arrested, the earliest date of parole eligibility would be delayed six years for the offenses of sexual assault and aggravated sexual assault if the victim is younger than 14 years of age and three years for the offenses of sexual assault, aggravated sexual assault, and murder.

 

Delaying parole eligibility for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of confinement in prison.  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 this proposal would not be significant in the first five years of implementation.



Source Agencies:
LBB Staff:
JOB, GG, TMP