LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
April 13, 2011

TO:
Honorable Garnet Coleman, Chair, House Committee on County Affairs
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2569 by Martinez, "Mando" (Relating to county contracts with private entities for jail facilities; providing a penalty.), As Introduced

The bill would amend the Local Government Code as it relates to county contracts with private entities for jail facilities. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, a person who is an employee or officer of a county would commit a state jail felony if the person accepts a benefit from a private entity that contracts with the county.
 
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).
 
Creating a penalty for any criminal offense 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 jails or prison. Although the number of times an employee or officer of a county accepts a benefit from a private entity that contracts with the county is unknown, it is assumed the number of offenders convicted under this statute 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.


Source Agencies:
LBB Staff:
JOB, GG, LM