The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to consequences for certain prostitution and trafficking offenses. Under the provisions of the bill, individuals charged with promotion of prostitution offenses would no longer be eligible for judge-ordered or jury-recommended community supervision. These modifications to the Code of Criminal Procedure would also add individuals convicted of these offenses to the list of those required to serve a term of incarceration, without consideration of good conduct time, one-half of the sentence or 30 calendar years, whichever is less, with a two calendar year minimum before the individual would be eligible for release onto parole. The bill also expands the definition of coercion as applied to certain prostitution and trafficking offenses. 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; a third degree felony is punishable by confinement in prison for a term from 2 to 10 years; and 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. In addition to confinement, most felonies may be subject to 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.

Modifying the types of offenses eligible for community supervision or expanding the definition of a criminal behavior are expected to result in additional demands upon the correctional resources of the State due to an increase in the number of individuals sentenced to a term of confinement within state correctional institutions and an increase in the number of individuals released to parole supervision. In fiscal year 2018, 103 people were arrested and 34 placed on community supervision for promotion of prostitution offenses. In fiscal year 2018, 204 people were arrested, 16 placed on community supervision, and 49 incarcerated for compelling prostitution and trafficking of persons offenses. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.