The provisions of the bill that are the subject of this analysis are the provisions that would authorize or require a change in the sanctions applicable to adults convicted of felony crimes.  Under current statute, graffiti is punishable as at all levels and is based on the amount of pecuniary loss.  Under current statute, the punishment for graffiti ranges from a Class B Misdemeanor to a felony of the first degree with the degree and level of offense based on the amount of pecuniary loss.  Under the provisions of the bill, the punishment for graffiti would range from a Class A Misdemeanor to a felony of the first degree with the degree and level of offense based on the amount of pecuniary loss.
 
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.  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 felony of the third degree 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.  A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.  A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.
 
In fiscal year 2008, approximately 174 persons were placed on community supervision (42 felony and 132 misdemeanor), approximately 29 persons were admitted to state jail, and one person was admitted to prison for the offense of graffiti.  Based on arrest history data, direct court sentencing trends, and revocation rates, approximately 14.7 percent of the individuals would be sentenced to a term of incarceration in a state jail or prison and approximately 20.6 percent of the individuals would be placed under community supervision annually as a result of the bill.  It is assumed juvenile offenders would also be affected under the provisions of the bill. 

Assuming 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: