Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2412 by Miles (Relating to mandatory supervision for certain drug possession offenses.), As Introduced
The bill would amend the Government Code as it relates to mandatory supervision for certain drug possession offenses. Under the provisions of the bill, offenders incarcerated for certain drug offenses (Penalty Groups 1, 1-A, 2, 3, 4 and Marijuana) would be automatically released to mandatory supervision once the offender’s time served plus good time equals the offender’s sentence length.
Penalty Group 1 controlled substances include, but are not limited to, opiates and opium derivatives (e.g., heroin), cocaine, and methamphetamines. Penalty Group 1-A controlled substances include lysergic acid diethylamide (LSD), its salts, isomers, and salts of isomers. Penalty Group 2 controlled substances include, but are not limited to, hallucinogenic substances (e.g., Mescaline and Tetrahydrocannabinols other than marijuana). Penalty Group 3 controlled substances include, but are not limited to, substances that affect the central nervous system like Adderall (methylphenidate and its salts), Preludin (phenmetrazine and its salts), phenobarbital, and Alprazolam. Penalty Group 4 controlled substances include, but are not limited to, anabolic steroids. The final group covered by the provisions of the bill is possession of marijuana.
Allowing for the automatic release of offenders to mandatory supervision is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in prison. In fiscal year 2010, there were 9,504 case denials for releases to discretionary mandatory supervision. Of those cases denials, 1,393 were for the drug offenses subject to the provisions of this bill.
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: