Honorable John Whitmire, Chair, Senate Committee On Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB358 by Hinojosa (Relating to the use of a polygraph statement as evidence that a defendant has violated a condition of release on community supervision.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure as it relates to the use of a polygraph statement as evidence that a defendant has violated a condition of release on community supervision. Under the provisions of the bill, the court may not rely solely on uncorroborated polygraph statements for an adjudication of guilt on the original charge or on a revocation for a violation of community supervision. The bill would take effect on September 1, 2013, and only apply to offenses committed on or after that date.
The bill increases the evidence required in certain cases to adjudicate or revoke an individual who has allegedly violated the conditions of community supervision. This additional requirement may reduce the number of individuals whose community supervision is modified and extended. It may also reduce the number of individuals admitted to Texas Department of Criminal Justice facilities due to a revocation. As a result, the bill could reduce the overall correctional supervision and incarceration populations. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies’ workload and programs.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.