The bill would amend the Health and Safety Code by reducing the punishment for possession of a controlled substance in Penalty Group 1 (less than one gram), Penalty Group 1-A (less than 20 units), and Penalty Group 2 (less than one gram) from a state jail felony to a Class A Misdemeanor with a minimum term of confinement of 180 days. Offenders with certain previous convictions for possession of controlled substances would not be subject to the provisions of this bill.
 

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.

 
When an offense is changed from a felony to a misdemeanor, there is a transfer of the burden of confinement of convicted offenders from the State to the counties.  In fiscal year 2010, there were 14,514 state jail admissions and 11,796 felony community supervision placements for possession of a Penalty Group 1, Penalty Group 1-A, or Penalty Group 2 controlled substance. Based on arrest data, criminal history data, and sentencing trends it is assumed approximately 60.5 percent of those who possessed a substance in Penalty Group 1, 30 percent of those who possessed a substance in Penalty Group 1-A, and 25 percent of those who possessed a substance in Penalty Group 2 would be subject to the provisions in the bill.  It is also assumed a portion of these offenders no longer eligible for confinement in a state jail or placement on felony community supervision will be placed on misdemeanor community supervision.
 
Assuming that 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: