Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2044 by Turner, Sylvester (Relating to the criminal consequences for the manufacture, delivery, or possession of certain small amounts of Penalty Group 1 controlled substances.), As Introduced
The bill would amend the Health and Safety Code by reducing the punishment for manufacture, delivery, or possession of controlled substances in Penalty Group 1 from a state jail felony to a class A misdemeanor and the manufacture, delivery, or possession of a Penalty Group 1 controlled substances in a drug free zone from a third degree felony to a state jail felony. The provisions of the bill that are the subject of this analysis relate to the punishment for criminal offenses. 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 7,271 admissions to state jail and 9,706 placements on felony community supervision for manufacture, delivery, or possession of a controlled substance in Penalty Group 1 punishable as a state jail felony. In fiscal year 2012, there were 83 admissions to prison and 83 placements on felony community supervision for manufacture, delivery, or possession of a controlled substance in Penalty Group 1 in a drug free zone punishable as a third degree felony. 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: