TO:	Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB3386 by Madden (Relating to the supervision of certain people convicted of a criminal offense and to the organization and operation of certain correctional entities.), Committee Report 1st House, Substituted

The bill would amend the Code of Criminal Procedure and Government Codes as they relate to the supervision of certain people convicted of a criminal offense and to the organization and operation of certain correctional entities. Under the provisions of the bill, a court would maintain jurisdiction for 365 days over certain felony cases where the community supervision was revoked due to a technical violation of the conditions of community supervision.
 
Allowing for the continued court jurisdiction and subsequent release of certain offenders to community 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 9,786 felony community supervision revocations to prison for a technical violation of community supervision belonging to approximately 6,410 people. After removing those whose offenses make them ineligible because of the provisions of the bill and those whose sentence length upon revocation was 365 days or less, approximately 6,117 felony community supervision revocations belonging to 3,045 people would be subject to the provisions of the bill. The average sentence length for these offenders is 5.37 years. At present criminal court jurisdiction over felony cases continues for 180 days after the execution of the sentence and in 1.3 percent of cases courts opt to exercise this shock incarceration option.  This analysis assumes courts would exercise this option in 5 percent of cases.
 
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: