The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to enhance the penalty for the offense of improper sexual activity with a person in custody under certain circumstances. 

 
Under the provisions of the bill, the punishment for improper sexual activity with a person in custody would be enhanced from a second degree felony to a first degree felony if during a period of 30 or more days the offender commits the offense on two or more occasions against certain juvenile offenders.  A second degree felony is punishable by confinement in prison for two to 20 years and a first degree felony is punishable by confinement in prison for life or five to 99 years.   In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000. 

This bill's provisions increase the penalty for improper sexual activity with a person in custody, and this penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for placement under felony community supervision and incarceration in state correctional facilities.  In fiscal year 2014, fewer than ten people were arrested, fewer than ten were placed under felony community supervision, and fewer than ten were admitted to state correctional institutions for improper sexual activity with a person in custody.  A statewide repository containing the level of detail necessary to isolate those individuals arrested, placed under felony community supervision or incarcerated in state correctional institutions for improper sexual activity with a person in custody under the circumstances in which the offense would be enhanced is not currently available.  This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.