The bill would amend the Penal Code to make it an offense for a confined individual to engage in conduct that constitutes contact with certain victims if the director of the facility has not received, from these victims, written and dated consent to the contact. Under existing statute, improper contact with a victim is a Class A misdemeanor or a third degree felony depending on the specific circumstances of the offense.
 
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Expanding the list of behaviors for which a criminal penalty can be applied is expected to result in additional demands on the correctional resources of the counties or of the State due to a longer terms of supervision in the community or longer terms of confinement within state correctional institutions. In fiscal year 2018, 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 contact with a victim under existing statute punishable as a third degree 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.