Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB343 by Perry (Relating to the prosecution of the offense of improper sexual activity with a person under the supervision of a community supervision and corrections department.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal code as it relates to the offense of improper sexual activity with a person under community supervision. Under the provisions of the bill, community supervision and corrections department employees could be prosecuted for engaging in improper sexual relations with persons under community supervision. The offense of improper sexual activity with a person under supervision would be punishable as a state jail felony.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment, and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the definition for any offense is expected to result in increased demands on the correctional resources of the counties or of the State due to additional individuals potentially placed under supervision in the community or sentenced to terms of confinement in state correctional institutions. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of improper sexual activity with a person in custody. 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.