Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2649 by Allen ( Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), Committee Report 1st House, Substituted
The bill would amend the Code of Criminal Procedure as it relates to the awarding of diligent participation credit to defendants confined in a state jail facility. Under the provisions of the bill, a judge, based on the report submitted to the court by the Texas Department of Criminal Justice, would be able to credit up to one-fifth of the sentence against any time a state jail confine was required to serve for diligent participation in an industrial, work, agricultural, educational, or vocational program. A state jail confinee would not eligible to receive diligent participation credit for any period of time during which the confineee was subject to disciplinary action.
Allowing for punishment in a state jail facility to be decreased through diligent participation credit is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in state jails. In fiscal year 2010, there were 23,357 admissions to state jail and the average sentence length for these admissions was 10 months. Based on the average sentence length of 10 months, the average maximum diligent participation credit would be 2 months. Assuming all placements received the maximum diligent participation credit, regardless of disciplinary status, the average sentence length would be decreased to 8 months.
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: