LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
March 30, 2011

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.), As Introduced

The bill would amend the Code of Criminal Procedure and Government Code 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of the bill, a judge would be allowed to specify the term of imprisonment for a felon whose community supervision was revoked.  The bill would also require that a person who is subject to this provision be released in accordance with the mandatory supervision provision.  The bill does not specify a minimum or maximum term of imprisonment and leaves the amount of time of imprisonment up to the discretion of the judge as long as it is within current felony punishment ranges.

A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.


In fiscal year 2010, approximately 13,602 felony offenders had their community supervision revoked. After removing those whose offenses make them ineligible for release to mandatory supervision approximately 7,379 would be subject to the provisions of the bill. The average sentence length specified by the courts for these offenders whose supervision was revoked was approximately 4.73 years. The degree to which the provision of the bill in which a judge specified a time of imprisonment would have an impact on the population would depend on the amount of time specified by the judge and the degree to which this deviated from current practices.



Source Agencies:
LBB Staff:
JOB, GG, LM