The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to enhancing criminal penalties for individuals with certain repeat and habitual offenses. Under the provisions of the bill, if it is shown on trial of a Class A misdemeanor that an individual was previously convicted at least four times of a Class A misdemeanor or above for an offense that occurred subsequent to the previous conviction and each offense was committed within ten years of the current offense, the Class A misdemeanor would be increased to a state jail felony, which could be further increased to the next felony punishment level according to the circumstances outlined in the bill.  

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.

Increasing the penalty for a criminal offense from a misdemeanor to a felony is expected to result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed onto supervision in the community or sentenced to terms of confinement in state correctional institutions. To calculate the additional people who could be placed on adult community supervision or admitted into a state correctional facility, those individuals arrested from fiscal years 2018 through 2020 meeting the criminal history criteria outlined in the bill were identified. During fiscal years 2018 through 2020, an average of 479 people were arrested for a Class A misdemeanor and would be eligible for enhancement under the provisions of the bill. Based on an analysis of state jail case dispositions, the criminal histories of those under misdemeanor community supervision, the time lag from offense date, and current sentencing patterns, the number of individuals subject to the enhancement provisions would not result in a significant impact on the demand for state correctional resources.