The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to changing the eligibility of individuals charged with certain trafficking and prostitution offenses to be placed on community supervision. Under the provisions of the bill, certain trafficking and promotion of prostitution bills would no longer be eligible for judge-ordered, jury recommended, or deferred adjudication supervision. These modifications 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.

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 is 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 the amount of time some of these individuals would be required to serve before consideration for release onto parole supervision. In fiscal year 2018, 300 people were arrested, and 26 placed on felony direct community supervision for these 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.