| TO: | Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | HB1205 by Dutton (Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.), Committee Report 1st House, Substituted |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2016 | $0 |
| 2017 | ($6,725,951) |
| 2018 | ($47,004,851) |
| 2019 | ($61,745,809) |
| 2020 | ($53,938,678) |
| Fiscal Year | Probable Savings/(Cost) from General Revenue Fund 1 |
|---|---|
| 2016 | $0 |
| 2017 | ($6,725,951) |
| 2018 | ($47,004,851) |
| 2019 | ($61,745,809) |
| 2020 | ($53,938,678) |
The bill would amend various codes as they relate to the age of criminal responsibility and to certain substantive and procedural matters related to that age. Under the provisions of the bill, individuals who are 17 at offense would be considered juveniles and would be under the jurisdiction of juvenile courts and the juvenile justice system instead of the adult criminal justice system. The bill would make conforming changes to the jurisdiction of juvenile courts, probation, and state residential facilities. The sections of the bill changing the age of criminal responsibility would take effect on January 1, 2017 and apply to offenses committed on or after the effective date of the Act.
Sentencing trends in both the juvenile and adult justice systems were analyzed to determine the proportion of adult correctional institution, community supervision, and parole supervision admissions who would be served by the juvenile justice system in the future.
In fiscal year 2014, there were 514 new admissions to adult correctional institutions for individuals who were 17 at offense and would be eligible to for commitment in juvenile state residential facilities. Under the provisions of the bill, all of these individuals could be eligible for commitment to juvenile state residential facilities. This analysis assumes a portion, 66 percent, of these individuals will receive services in juvenile state residential facilities and the remaining 34 percent would be supervised by juvenile probation departments. This analysis also assumes a portion, 76 percent, of those admitted to juvenile state residential facilities would be released to juvenile parole supervision.
In fiscal year 2014, 7,587 individuals were placed on adult community supervision who were 17 at offense and would be eligible to be supervised by juvenile probation departments. Under the provisions of the bill, all of these persons could be eligible to be placed on juvenile probation supervision. This analysis assumes a portion, 71 percent, of these individuals would be supervised by juvenile probation departments and 29 percent would receive no supervision.
Savings are estimated based on the state costs per day for adults in Texas Department of Criminal Justice correctional institutions ($54.89), and under adult community supervision ($1.63). Adult parole supervision savings would not be realized within the first five years following passage. Costs are estimated based on the state costs per day for juveniles in Texas Juvenile Justice Department state residential facilities ($437.11), juvenile parole ($31.93), juvenile probation supervision ($5.40) and juvenile detention ($9.77). This estimate assumes a time lag before the first individuals enter the juvenile justice system after the bill becomes effective and that not all of those entering the juvenile justice system would complete their length of stay within the first year the bill is effective; therefore, the cost for fiscal year 2017 would be approximately $6,725,951.
This analysis does not include potentially significant costs associated with probation programming such as mental health, substance abuse, or other specialized services, including placement in residential post-adjudication facilities.
The Texas Commission on Jail Standards, the Department of Public Safety, and the Texas Education Agency indicate they do not anticipate a significant fiscal impact. The Office of Court Administration indicates they do not anticipate a significant fiscal impact to district and county level courts. The Office of Court Administration and the Comptroller of Public Accounts indicate the fiscal impact to juvenile courts cannot be determined.
There would be an indeterminate fiscal impact to local governments as a result of the provisions of the bill. Due to the vast characteristics of the juvenile population and the unknown composition of the future population of offenders, local government entities indicated costs associated with this bill are difficult to estimate. The cost to each individual county juvenile department would vary depending on a number of factors including, the size of the county and the areas served; the number of offenders served; the severity of offenses committed and prosecuted; and the range of services provided. Texas Association of Counties reported the average first year cost for eight reporting counties was $2,179,474.
Bexar County Juvenile Probation Department reported an estimated yearly cost of between $8.2 million to $8.5 million as a result of the provisions of the bill. The costs include additional staff, residential placement services and program services.
Tarrant County Juvenile Services reported an estimated cost of $2.1 million in FY 2017; and costs ranging from $2.9 million to $3.1 million in FY 2018-2020. The costs include office space, program services, and detention and program services.
Nueces County Juvenile Probation Department reported an estimated yearly cost of between $644,478 to $678,657 as a result of the provisions of the bill. The costs include additional staff, medical assessments and program costs.
El Paso County Juvenile Probation Department reported significant costs associated with the provisions of the bill.
Harris County reported an estimated cost of $50.1 million in FY 2017; and costs ranging from $18.2 to $19.9 million in FY 2018-2020. The costs include a new juvenile detention center, probation costs, and a new juvenile court. The county reported $3.1 million for FY 2017; and similar amounts in FY 2018-2020 in county jail savings.
County adult probation departments indicated the fiscal impact of the bill would be insignificant. While these local departments may experience a decrease in the population they serve resulting in a loss of certain funding, this decrease in population may also allow staff and other resources to be made available.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 409 Commission on Jail Standards, 696 Department of Criminal Justice, 701 Central Education Agency, 644 Juvenile Justice Department
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| LBB Staff: | UP, ESi, LM, JPo, EK, JBi
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