Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB136 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to the punishment for capital felonies. Under the provisions of the bill, an individual who at the time of the commission of the capital felony was determined to have had a severe mental illness could not be sentenced to death and would instead be sentenced to life without parole.
A capital felony is punishable by death or life imprisonment.
Increasing the number of individuals sentenced to life without parole is expected to result in increased demands upon correctional resources of the State due to longer terms of confinement within state correctional institutions. In fiscal year 2016, fewer than ten individuals were admitted into state correctional institutions after being sentenced to death for a capital felony. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.