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
The provisions of the bill addressing felony sanctions are the subject of this analysis. 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 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. 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 upon the adult corrections agencies, is estimated as follows: