LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 8, 2015

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced

The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Health and Safety Code and Code of Criminal Procedure as they relate to the punishments for the possession of certain amounts of controlled substances. The bill would reduce the punishment for possession of controlled substances in Penalty Groups 1 (less than one gram), 1-A (fewer than 20 abuse units), and 2 (less than one gram) from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 180 days. The bill would also reduce the punishment for possession of less than a gram of controlled substances in Penalty groups 1 and 2 in a drug-free zone from a third degree felony to a Class A misdemeanor with a minimum term of confinement of 180 days. Offenders with certain previous convictions would not be subject to the bill's provisions.


In fiscal year 2014, 6,430 people subject to the bill's provisions were admitted to state correctional facilities and 7,166 were placed on felony community supervision. Certain offenders with previous convictions would not be subject to the penalty reductions included in the bill; these offenders are not included in the figures listed below. Assuming sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand on the adult corrections agencies, is estimated as follows:





Fiscal Year Decrease In Demand for TDCJ-Correctional Institutions Capacity Decrease In Demand For Felony Community Supervision
2016 3,333 3,659
2017 6,459 7,114
2018 6,480 7,095
2019 6,497 7,101
2020 6,509 7,119


Source Agencies:
LBB Staff:
UP, LM, ESi