Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1294 by Shelton (Relating to the eligibility of certain persons to receive a sentence of community supervision, including deferred adjudication community supervision.), As Introduced
The bill would amend the Code of Criminal Procedure by making illegal aliens, as defined by the bill, ineligible for judge ordered or jury recommended community supervision, including deferred adjudication community supervision.
Broadening the definitions for which a penalty is applied 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 jail, state jail or prison. In fiscal year 2010, it is estimated that approximately 2,108 criminal aliens with a federal detainer relating to their immigration status were admitted to the Texas Department of Criminal Justice; of those offenders, less than 10 had their community supervision revoked. In fiscal year 2010, it is estimated that approximately 4,194 criminal aliens with a federal detainer relating to their immigration status were released from state jail or prison; of those offenders, less than 10 were released on community supervision. For this analysis, it is assumed the number of defendants potentially affected by the provisions of the bill 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.