LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

April 17, 2013

TO:	Honorable Tan Parker, Chair, House Committee on Corrections
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1318 by Turner, Sylvester (Relating to the duration of a youth's detention following a detention hearing and the appointment of counsel for that hearing for certain youths.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would require the court to appoint counsel before the initial detention hearing is held to represent the child at that hearing if the child is unrepresented but qualifies for appointed counsel.

The Office of Court Administration (OCA) does not anticipate a significant fiscal impact to the state.

No significant impact to juvenile correctional populations is expected from the bill.

Local Government Impact

Some counties do not currently provide appointed counsel to children prior to their initial detention hearings; therefore, requiring that counsel be appointed will result in some additional costs to the counties. According to OCA, there were 31,002 juvenile detention hearings conducted statewide in fiscal year 2012. Assuming five percent these cases involved initial detention hearings without an attorney, there would be 1,550 more hearings with counsel. At an approximate cost of $100 per detention hearing, potential costs would total $155,000 statewide for county governments. This would not be a significant fiscal impact to counties.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 644 Texas Juvenile Justice Department

LBB Staff:

UP, ESi, KKR, JPo