Honorable Tan Parker, Chair, House Committee on Corrections
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3004 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB3004, As Introduced: a positive impact of $59,220,448 through the biennium ending August 31, 2015.
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2014
$27,637,253
2015
$31,583,195
2016
$31,520,561
2017
$31,551,878
2018
$31,536,219
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
2014
$27,637,253
2015
$31,583,195
2016
$31,520,561
2017
$31,551,878
2018
$31,536,219
Fiscal Analysis
The bill would amend the Code of Criminal Procedure as it relates to the awarding of diligent participation credit to defendants confined in a state jail facility. Allowing for time served in a state jail facility to be decreased through diligent participation credit is expected to result in a positive fiscal impact.
Methodology
Under the provisions of the bill, the Texas Department of Criminal Justice (TDCJ) would be required to credit up to one-fifth of the sentence against any time a state jail confinee was required to serve for diligent participation in certain programs. A state jail confinee would not be eligible to receive diligent participation credit for any period of time during which the confinee was subject to disciplinary action.
Allowing for time served in a state jail facility to be decreased through diligent participation credit 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 2012, there were 23,226 admissions to state jail and the average sentence length for these admissions was 10 months. Based on the average sentence length of 10 months, the average maximum diligent participation credit would be 2 months. After adjusting for the average number of days an offender spends in county jail awaiting transfer and assuming all placements accrue one diligent participation credit day for every day they are confined in a state jail, the maximum diligent participation credit for those eligible under the provisions of the bill would be approximately 2 months.
In order to estimate the future impact, the proposed conditions of the bill are applied in a simulation model to a state jail population that reflects the distribution of offenses, sentence lengths, and time served. Savings of incarceration by TDCJ are estimated on the basis of $42.90 per inmate per day for state jail facilities, reflecting approximate costs of either operating facilities or contracting with other entities. The estimated incarceration savings for fiscal year 2014 is $27,637,253 (1,765 offenders * $42.90 per day *365 days).
This analysis assumes sentencing patterns and release policies not addressed in this bill remain constant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice