LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 3, 2009

TO:
Honorable Jim McReynolds, Chair, House Committee on Corrections
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1481 by Madden (Relating to certain offenses regarding the possession or use of a cellular telephone by an inmate or defendant in a correctional or detention facility and to the detection and monitoring of that possession or use. ), Committee Report 1st House, Substituted

The provision of the bill that is the subject of this analysis would amend the Penal Code to provide for the prosecution of individuals who provide, possess with the intent to provide a cellular telephone, a wireless communication device, their components, or make payments to a common communication carrier for contraband for an adult or juvenile in a correctional or detention facilities or on property of the Texas Department of Criminal Justice (TDCJ) or the Texas Youth Commission (TYC). 
 
The offense of providing prohibited substances and items in adult or juvenile correctional or detention facilities or on property of TDCJ and TYC is punishable as a felony of the third degree. 
 
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.
 
It is assumed that the number of additional offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.



Source Agencies:
LBB Staff:
JOB, GG, LM