LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 8, 2013

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB991 by West (Relating to the eligibility of certain inmates for release on medically recommended intensive supervision.), As Introduced

The bill would amend the Government Code as it relates to the eligibility of certain inmates for release on medically recommended intensive supervision (MRIS), which is super-intensive parole supervision. Under the provisions of the bill, offenders who are not convicted of certain sex offenses, not serving a sentence of death, and not serving life imprisonment without parole are eligible for MRIS release if they require permanent long-term care or are terminally ill. For non-3g offenders, these requirements are new. For 3g offenders, the bill's provisions add the requirement that long-term care be permanent and eliminate the category of elderly, physically disabled, mentally ill, and mentally retarded from the criteria for MRIS consideration. To be eligible for MRIS, the bill's provisions require sex offenders to have a severe and persistent mental illness or intellectual and developmental disability. Under current law, sex offenders are required to be in a persistent vegetative state or an organic brain syndrome with significant to total mobility impairment.

 

The bill's provisions are expected to reduce the number of inmates eligible for MRIS and thereby expected to increase demands upon the state's correctional resources due to longer terms of confinement. However, it is assumed that this increase would not significantly impact state correctional agency resources. Few inmates fall under the four MRIS eligibility categories that would be eliminated by the bill (physically handicapped, elderly, mentally ill, and mentally retarded).  In fiscal year 2012, there were a total of 34 inmates presented to the BPP who were physically handicapped (15), elderly (6), and mentally ill (13). There were no inmates presented to the BPP who qualified under the mentally retarded category. Of the 34 inmates considered for MRIS, only two physically handicapped inmates were approved for release on MRIS in fiscal year 2012. The bill would not substantially change the criteria for sex offenders eligible for MRIS release compared to current law; therefore, no significant change to their considerations or approvals is expected.



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