Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB867 by Darby (Relating to the eligibility of a person convicted of certain sex offenses for jury-recommended community supervision.), As Introduced
The bill would amend the Code of Criminal Procedure as it relates to the eligibility of a person convicted of certain sex offenses for jury-recommended community supervision. Under the provisions of the bill, a person convicted of certain indecency with a child, aggravated sexual assault, and sexual assault where the victim was at least 14 years of age but younger than 17 years of age and the defendant was five or more years older than the victim would now be ineligible for jury-recommended community supervision.
Reducing the potential number of offenders eligible for which jury-recommended community supervision is available is expected to result in increased demands upon the correctional resources of the State due to longer terms of terms of confinement in prison. In fiscal year 2010, less than 15 persons were placed on felony community supervision for certain indecency with a child, aggravated sexual assault, and sexual assault. Although the number of times in which a defendant received jury-recommended community supervision where the victim was at least 14 years of age but younger than 17 years of age and the defendant was five or more years older than the victim is unknown, it is assumed the number of offenders no longer eligible for jury-recommended community supervision would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.