TO: | Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence |
FROM: | John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board |
IN RE: | HB3588 by Hunter (Relating to increasing the criminal penalties for the offenses of producing, directing, or promoting a sexual performance by a child and possessing child pornography.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2020 | $0 |
2021 | $0 |
2022 | $0 |
2023 | ($196,427) |
2024 | ($2,237,086) |
Fiscal Year | Probable Savings/(Cost) from General Revenue Fund 1 |
---|---|
2020 | $0 |
2021 | $0 |
2022 | $0 |
2023 | ($196,427) |
2024 | ($2,237,086) |
Increasing the penalties for these criminal offenses is expected to result in additional demands upon the correctional resources of counties or of the state due to an increase in the length of stay on community supervision and an increase in the length of stay in state correctional institutions. In fiscal year 2018, 80 people placed under felony community supervision and 121 admitted into state correctional institutions would be impacted by the provisions of the bill. Since the average length of stay for individuals placed under community supervision for these offenses under the existing statute is over five years, no cost to community supervision would be realized in the first five years after the effective date of the bill. Costs for incarceration would not be realized until the fourth year after the effective date of the bill because the average length of stay for individuals admitted into state correctional institutions under existing statute is over two years and the average time between offense and admission to state correctional institutions is over one year. Costs are calculated at $62.34 per day for prison and are based on the LBB's January 2019 Criminal and Juvenile Justice Uniform Cost Report.
The net impact to the Texas Department of Criminal Justice is estimated to be $196,427 for fiscal year 2023 and $2,237,086 during fiscal year 2024. Costs in subsequent years would increase and be significant. The Office of Court Administration indicates the modifications outlined in the bill's provisions will not result in a significant fiscal impact to the state court system.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
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LBB Staff: | WP, LBO, LM, JPo
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