Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB33 by Zaffirini (Relating to the electronic monitoring of residents at state supported living centers; providing criminal penalties.), As Introduced
The bill would amend the Health and Safety Code as it relates to the electronic monitoring of residents at state supported living centers (SSLC). The bill provides a penalty of a Class B misdemeanor for any person who intentionally harms, hinders, or destroys an electronic monitoring device installed in a resident's room or a tape or recording made by the device. The bill also provides a penalty of a Class A misdemeanor for failure to report abuse or neglect believed to cause a resident's physical or mental health or welfare to be further adversely affected.
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. A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.
The bill’s provisions provide misdemeanor penalties for hindering the electronic monitoring of residents at SSLCs and failure to report abuse and neglect. This penalty adjustment is expected to increase demands on local correctional resources by increasing the number of offenders eligible for community supervision and confinement in county jails. It is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.