Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1029 by Carter (Relating to the conditions of release on bond for certain defendants charged with the offense of burglary.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to require a defendant previously convicted of burglary two or more times to submit to electronic monitoring and pay the costs as a condition of bond. The bill would require a court that determines a defendant is indigent or unable to pay the cost of electronic monitoring to enter the findings on record.
According to the Texas Department of Criminal Justice (TDCJ), no significant fiscal impact is anticipated unless it is determined that it will have an impact on the offender population.
The bill would take effect September 1, 2011.
Local Government Impact
The Texas Commission on Jail Standards (TCJS) anticipates that there will be no significant costs or savings to local government units because so few defendants would be required to participate. The exception for fiscal impact would be to counties that do not currently have an electronic monitoring program in place and would be required to incur start-up and staffing costs which would vary by county.
TCJS analysis for no significant costs or savings is that typically newly-charged repeat burglary offenders receive high bond amounts and would likely be required to post a cash or surety bond. As a consequence, most offenders could not afford the bond amounts and would remain incarcerated in a county jail until case disposition. Many serial offenders commit more than one burglary in a criminal episode and may have multiple charges filed against them. Those offenders that could afford to bond out would likely be able to afford electronic monitoring. The exception would be offenders who are granted personal recognizance bonds or a significant reduction in bond amounts. TCJS estimates the average cost to house a prisoner in jail is $45.00 a day.
The Office of Court Administration (OCA) reported there were 44,913 burglary cases filed in fiscal year (FY) 2009 and 46,273 burglary cases were filed in FY 2010. However, it is unknown how many of those cases involved repeat offenders. OCA also reported that approximately 10,000 individuals were convicted of burglary each year for the past two fiscal years.
Source Agencies:
409 Commission on Jail Standards, 696 Department of Criminal Justice