LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 15, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2842 by Wu (Relating to penalties for engaging in organized criminal activity.), As Introduced

The bill would amend the Government Code and Code of Criminal Procedure as it relates to the penalties for engaging in organized criminal activity. Under the provisions of the bill, offenders serving a sentence for engaging in organized criminal activity would be ineligible for mandatory supervision release or release on parole until they served, without consideration of good-conduct time, at least one-half of their sentences or 30 years, whichever is less, but no less than two years.

 
Among fiscal year 2012 prison releases, 584 offenders were incarcerated for organized criminal activity. Under the provisions of the bill, these offenders would be ineligible for release on parole until they served, without consideration of good-conduct time, at least one-half of their sentences or 30 years, whichever is less, but no less than two years. It is assumed that the bill would only affect those offenders released prior to this new minimum requirement for time served. Among fiscal year 2012 releases, the bill would impact 202 parolees and 116 mandatory supervision releases. Since the Board of Pardons and Paroles authorized the release of these offenders prior to the new minimum release date, it is assumed that the Board would approve these offenders to be released on the new minimum release date if the bill were implemented. For the 202 parolees, the average length of incarceration is expected to increase from 829 days (or 2.3 years) to 1,410 days (or 3.9 years). For the 116 mandatory supervision releases, the average length of incarceration is expected to increase from 807 days (or 2.2 years) to 867 days (or 2.4 years).
 
In each of the first five years of the bill's implementation, the incarcerated population associated with the bill would increase. This annual increase is due to an annual increase in the number of offenders completing the term of incarceration they would have served under current law and beginning to serve the additional period of incarceration required under the bill's provisions. Also contributing to the increase in the incarcerated population are the new cohorts of admissions who would become subject to the bill's provisions. The population associated with the bill is expected to grow, though at a slower rate, after the first five years of implementation as additional offenders are admitted to prison and become subject to the bill's provisions.
 
In order to estimate the future impact of the bill, the proposed conditions of the bill have been analyzed using recent trends observed in populations released from prison for these offenses. 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 the number of additional people incarcerated in adult corrections agencies, is estimated as follows:




Fiscal Year Increase In Demand For Prison Capacity Decrease In Parole and Mandatory Supervision Population
2014 92 92
2015 235 235
2016 374 374
2017 436 436
2018 503 503


Source Agencies:
LBB Staff:
UP, ESi, GG, JGA