LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 25, 2019

TO:
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB3206 by González, Jessica (Relating to the prosecution and punishment of the offense of prostitution, to juvenile court referrals for conduct constituting prostitution, and to a court cost imposed on conviction of certain prostitution offenses.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code regarding the offense of prostitution. These provisions would take effect on September 1, 2019 and apply only to offenses committed on or after the effective date of the Act. Under the provisions of the bill, certain prostitution offenses currently punished as a state jail felony would be punished as a Class A misdemeanor. 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, and in addition, 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. Decreasing the penalty for any offense is expected to result in fewer demands upon the correctional resources of the counties or of the state due to fewer admissions to state correctional institutions and an increase in misdemeanor placements under community supervision.  In fiscal year 2018, there were 170 new admissions to adult correctional institutions and 111 placements on felony community supervision for persons whose offense would be punished as a misdemeanor under the provisions of the bill.  Estimated populations are based on the adult incarceration projections included in the January 2019 Adult and Juvenile Correctional Population Projections report, include a small time lag, and assume sentencing patterns and policies not addressed in the bill remain constant. The probable impact on adult correctional populations of implementing the provisions of the bill during each of the first five years following passage is estimated as follows:




Fiscal Year Decrease In Demand For TDCJ - State Jail Bed Capacity Dcrease in Demand For Felony Community Supervision
2020 99 64
2021 170 111
2022 170 111
2023 170 111
2024 170 111


Source Agencies:
LBB Staff:
WP, LM, JPo