LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
 
May 3, 2017

TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB1274 by Moody (relating to the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for HB1274, Committee Report 1st House, Substituted: a negative impact of ($300,444) through the biennium ending August 31, 2019.

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
2018 ($151,422)
2019 ($149,022)
2020 ($149,022)
2021 ($149,022)
2022 ($149,022)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Change in Number of State Employees from FY 2017
2018 ($151,422) 2.0
2019 ($149,022) 2.0
2020 ($149,022) 2.0
2021 ($149,022) 2.0
2022 ($149,022) 2.0

Fiscal Analysis

The bill would amend the Government Code to change the parole eligibility for individuals who were younger than 18 at offense who commit certain offenses. Under the provisions of the bill, these individuals would be eligible for release onto parole when the actual time served equals one-half of the sentence or 20 years, whichever is less, with a minimum term of confinement of two years.  Under existing statute, these individuals are eligible for parole when the actual time served equals one-half of the sentence or 30 years, whichever is less, with a minimum term of confinement of two years. The bill would also amend the Government Code to add additional parole considerations for youthful offenders and permit the Board of Pardons and Paroles (BPP) to employ certain mental health professionals to assist with these considerations. 

The bill would take effect immediately upon passage by two-thirds majority, or on September 1, 2017 and apply to individuals confined in state correctional institutions on or after the effective date, regardless of whether the offense for which they are confined occurred before, on, or after the effective date of the Act.

Methodology

Decreasing the amount of time an individual must serve before becoming eligible for parole is expected to result in reduced demands on the correctional resources of the State due to shorter terms of confinement in state correctional institutions. Assuming sentencing patterns and release policies not addressed in this bill remain constant, this analysis assumes the provisions of the bill addressing parole eligibility for individuals who were younger than 18 at offense who commit certain offenses would not result in a significant impact on state correctional institutions.

This analysis assumes the provisions of the bill requiring additional parole considerations for youthful offenders would necessitate the BPP employ two additional full-time equivalent (FTE) positions, a psychologist and a clerk.  The estimated costs of the two additional FTEs, including salary, benefits, the purchase of two new computers, and other operating expenses would be $151,422 in fiscal year 2018, $149,022 in fiscal year 2019, and $149,022 in each subsequent fiscal year. 

Technology

This analysis assumes the BPP would need to purchase two new computers at a cost of $2,400 to implement the provisions of the bill.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
644 Juvenile Justice Department, 697 Board of Pardons and Paroles, 696 Department of Criminal Justice
LBB Staff:
UP, KVe, KJo, LM, JPo