The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Government Code to modify the parole eligibility date of certain incarcerated individuals. Under the provisions of the bill, certain incarcerated individuals would now be eligible for time credits for diligent participation in a program or demonstrating good behavior. The time credits would now, along with calendar time, be part of the calculation used to determine a parole eligibility date.

A capital felony is punishable by death, life in prison, or life in prison without parole. Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18. A first-degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second-degree felony is punishable by confinement in prison for a term from 2 to 20 years; and a third-degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies can include an optional fine not to exceed $10,000.

The addition of time credit for diligent participation in the programs outlined in the bill to determine an initial parole eligibility date is expected to decrease the time from admission to incarceration and initial parole eligibility review for those who are eligible. The bill may have a positive population impact by allowing certain individuals within state correctional institutions to be reviewed for release to parole supervision earlier than under existing statute. However, a modification to the parole eligibility date is not an indication of the date an individual would be released from a correctional institution. Additionally, the awarding of time credit to calculate parole eligibility is not an indication of the outcome of the parole review. Whether the bill would in a significant reduction on state correctional populations is indeterminate due to the lack of data related to the type and amount of diligent participation time awarded while confined in a county jail.  These data are necessary to calculate a new parole eligibility date for those who would be eligible for this time credit. At the end of fiscal year 2018, 25,250 people in prison with the specifications in the bill had a parole eligibility date that had not yet passed. The impact on state correctional populations or on the demand for state correctional resources cannot be determined at this time.