The bill would amend the Code of Criminal Procedure as it relates to the placing of certain state jail felons on community supervision. Under the provisions of the bill certain state jail felony confinees would be released to felony community supervision once 75 percent of the sentence had been served unless the sentencing court notifies TDCJ that the confinee should remain in a state jail facility for the remainder of the sentence. Under the provisions of the bill, if the judge of the sentencing court has not acted by the date on which the confinee has served 75 percent of the sentence the confinee would be automatically released.

Allowing for the release of confinees in a state jail facility to felony community supervision is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in state jails. On August 31, 2010, there were 12,245 people confined in state jail.  The average sentence length for those admitted to state jail in fiscal year 2010 was 10 months and the average sentence length for those on-hand at the end of the fiscal year was 13 months. After removing from this group those with a previous felony conviction for 3g offense, those with a previous conviction for a sexual offense requiring registration, those with offenses listed in subsection (a)(1), and those who are members of a security threat group approximately 7,834 confinees and approximately 4,000 admissions would be subject to the provisions of the bill.  Based on the average sentence length of 13 months, the average maximum period confinement would be reduced by 3 months. Assuming all were able to take advantage of the release to felony community supervision when 75 percent of the sentence had been served, the average time confined within a state jail would be decreased to 10 months. 

Assuming arrest rates, conviction rates, sentencing trends, 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: