LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 20, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3228 by Madden (Relating to the offense of prohibited substances and items in correctional facilities.), As Engrossed

The bill would amend the Penal Code relating to prohibited substances and items in correctional facilities.  The bill would make providing a wireless communications device or a component of a wireless communications device or cellular telephone to a person in a municipal or county jail punishable as a felony of the third degree.  The bill would provide for the enhancement of punishment for criminal attempt of certain prohibited substances and items in correctional facility offenses.

 

In fiscal year 2008, there were approximately 170 offenders admitted to prison or state jail for prohibited substances and items in correctional facilities.  There were approximately 230 offenders placed on felony community supervision and less than 10 offenders placed on misdemeanor community supervision in fiscal year 2008 for prohibited substances and items in correctional facilities.  A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the number of times a person provided or attempted to provide a wireless communications device or a component of a wireless communications device or cellular telephone to a person in a municipal or county jail or the number of times taking a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility was attempted; however, it is assumed the number of persons affected would not result in a significant impact on 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, TMP