The bill would amend the Code of Criminal Procedure and Government Code to add burglary of a habitation with the intent to commit certain felony sex offenses to the list offenses for which a defendant is not eligible for judge ordered community supervision and which require a defendant to serve half of their sentence or thirty calendar years, whichever is less, before being eligible for release on parole. 

Under current law, burglary of a habitation with the intent to commit another felony is a first degree felony.  A first degree felony 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.  Persons convicted for this offense are eligible for parole when the person's actual calendar time served plus good conduct time equals one-fourth of the sentence imposed or 15 years, whichever is less. 

The bill’s provisions limit certain offender’s ability to receive community supervision and increase the time before they are eligible for parole.  This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders sentenced to prison and creating longer terms of confinement for those that are sentenced to prison.

However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.  In fiscal year 2012, there were 50 arrests, five community supervision placements, and 20 admissions to prison for the offense of burglary of a habitation with the intent to commit a sex offense.  Of the 34 released from prison in fiscal year 2012 for the offense of burglary of a habitation with the intent to commit a sex offense, one served less than one-fourth of their sentence, three served more than one-fourth but less than half of their sentence, and thirty (88%) served half or more of their sentence.