TO:	Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1417 by Thompson, Senfronia (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced

The bill would amend the Health and Safety Code by reducing the punishment for possession of a controlled substance in Penalty Group 1 (less than one gram), Penalty Group 1-A (less than 20 units), and Penalty Group 2 (less than one gram) from a state jail felony to a class A misdemeanor. Offenders with certain previous convictions for possession of controlled substances would not be subject to the provisions of this bill. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000. A class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.
 
When an offense is changed from a felony to a misdemeanor, there is a transfer of the burden of confinement of convicted offenders from the state to the counties.  In fiscal year 2012, there were 6,586 state jail admissions and 9,814 felony community supervision placements for possession of a Penalty Group 1, 1-A, or 2 controlled substance. Based on arrest data, criminal history data, and sentencing trends it is assumed approximately 48.7 percent of those who possessed a substance in Penalty Group 1, 57.2 percent of those who possessed a substance in Penalty Group 1-A, and 58.6 percent of those who possessed a substance in Penalty Group 2 would be subject to the provisions in the bill.  It is also assumed a portion of these offenders no longer eligible for confinement in a state jail or placement on felony community supervision will be placed on misdemeanor community supervision. Assuming 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: