The bill would amend the Code of Criminal Procedure to prohibit a judge from suspending a jury-imposed sentence of confinement to place a defendant on community supervision if the jury did not recommend community supervision.

This bill would take effect September 1, 2009 and apply only to sentences imposed in a criminal trial that commences on or after the effective date of the bill.

Limiting sentencing options is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  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 judge suspended a sentence of confinement imposed by a jury and instead placed the defendant on community supervision.