TO:	Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB3366 by White (Relating to enhancing state jail felony offender accountability and supervision, and incentivizing compliance with treatment, educational, and vocational programming.), As Introduced

The bill would amend the Code of Criminal Procedure as it relates to enhancing state jail felony offender accountability and supervision, and incentivizing compliance with treatment, educational, and vocational programming. Under the provisions of the bill certain state jail felony confinees would be released to felony community supervision once 75 percent of their 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. The provisions of the bill would apply only to state jail confinees who had an exemplary disciplinary record while incarcerated; who had demonstrated full compliance with all offered educational, treatment, and vocational programs while incarcerated; was not a member of a security threat group; and had no prior felony conviction for a violent or sexual offense. Under the provisions of the bill, those released from a state jail facility and placed on felony community supervision as a result of this bill would not receive credit toward their sentence for any time spent in an intermediate sanction facility.

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. In fiscal year 2010, there were 23,357 admissions to state jail and the average sentence length for these admissions was 10 months. After removing from this group those with a previous felony conviction for a violent offense, those with a previous conviction for a sexual offense, and those who are members of a security threat group approximately 22,744 would be subject to the provisions of the bill.  It is assumed all of the 22,744 confinees would have demonstrated an exemplary disciplinary record while incarcerated and fully complied with all offered education, treatment, and vocational programs while incarcerated and the sentencing court would not require the confine to serve the full term of the sentence confined. Based on the average sentence length of 10 months, the average maximum period confinement would be reduced by 3 months. Assuming all 22,744 placements received 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 7 months.

Assuming the bill is effective on September 1, 2011 and applies only to an offense committed on or after that date, and 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: