Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB287 by Dutton (Relating to the penalty for possession of a small amount of certain controlled substances.), As Introduced
The bill would amend the Health and Safety Code by reducing the punishment for possession of less than one gram of controlled substances in Penalty Group 1 and Penalty Group 2 from a state jail felony to a Class A Misdemeanor.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
When an offense is changed from a felony to a misdemeanor, there is a transfer of the burden of confinement of convicted offenders from the State to the counties. In fiscal year 2008, there were 8,642 state jail admissions and 6,152 offenders placed on felony community supervision for possession of less than one gram of Penalty Group 1 or Penalty Group 2 controlled substances.
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: