Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Engrossed
Estimated Two-year Net Impact to General Revenue Related Funds for HB1546, As Engrossed: a positive impact of $30,923,142 through the biennium ending August 31, 2017.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2016
$11,650,841
2017
$19,272,301
2018
$18,910,676
2019
$18,531,817
2020
$18,170,254
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
2016
$11,650,841
2017
$19,272,301
2018
$18,910,676
2019
$18,531,817
2020
$18,170,254
Fiscal Analysis
The bill would amend the Code of Criminal Procedure as it relates to the awarding of diligent participation credit to defendants confined in a state jail facility. Allowing for time served in a state jail facility to be decreased through diligent participation credit is expected to result in a positive fiscal impact. The bill would take effect on September 1, 2015 and apply only to a person confined in a state jail felony facility for an offense committed on or after that date.
Methodology
Under the provisions of the bill, if a judge does not take action within 30 days of notification of an inmate's eligibility for diligent participation credits, the Texas Department of Criminal Justice (TDCJ) would be required to credit up to one-fifth of the sentence against any time a state jail inmate was required to serve for diligent participation in certain programs. A state jail inmate would not be eligible to receive diligent participation credit for any period of time during which the inmate was subject to disciplinary status.
The awarding of diligent participation credit is expected to result in decreased demands upon the correctional resources of the state due to shorter terms of confinement in state jails. During the first six months of fiscal year 2015, TDCJ provided diligent participation credit eligibility notices for 8,328 offenders. Of the 8,328 notices, 3,165 received no action from the judge (approximately 38.0 percent). Offenders who receive no judicial action currently serve their full sentence. Under the provisions of the bill, TDCJ would be required to credit these offenders diligent participation time against their sentence.
The average sentence length for fiscal year 2014 state jail admissions was approximately 10 months. Based on the average sentence length of 10 months, the average maximum diligent participation credit would be approximately two months. This analysis assumes eligible inmates would earn the average maximum diligent participation credit of approximately two months. In order to estimate the future impact, the maximum credit length of two months is subtracted from the estimated average sentence length of 10 months from the estimated percentage of offenders whose diligent participation credit notice receive no judicial action. This estimated percentage is also adjusted for the projected number of yearly state jail admissions, as determined in the February 2015 Adult and Juvenile Correctional Population Projections Report . Savings of incarceration costs by TDCJ are estimated on the basis of $47.30 per inmate per day for state jail facilities, as reported in the February 2015 Criminal and Juvenile Justice Uniform Cost Report. The estimated incarceration savings for fiscal year 2016 is $11,650,841 (673 offenders *47.30 per day *366 days). For fiscal year 2016, the estimated incarceration savings are based on six months of savings, to allow time for the bill's provisions to fully take effect.
This analysis assumes sentencing patterns and release policies not addressed in this bill remain constant.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.