The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Government Code to modify the parole eligibility date of certain incarcerated individuals. Under the provisions of the bill, for the incarcerated individuals specified in the bill, it would expand the type of programs for which diligent participation time is awarded and includes good conduct time as outlined in the bill in the determination of a parole eligibility date. 

  

A capital felony is punishable by death, life in prison, or life in prison without parole. Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18. 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; and a third-degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies can include an optional fine not to exceed $10,000

The addition of time credit for diligent participation in the programs outlined in the bill to determine an initial parole eligibility date is expected to decrease the time from admission to incarceration and initial parole eligibility review for those who are eligible. The bill may have a positive population impact by allowing certain individuals within state correctional institutions to be reviewed for release to parole supervision earlier than under existing statute. However, a modification to the parole eligibility date is not an indication of the date an individuals would be released from a correctional institution. Additionally, the awarding of time credit to calculate a parole eligibility is not an indication of the result of the parole review. Whether the outcome would result in a significant decrease in correctional populations is indeterminate due to the lack of data related to the type and amount of diligent participation time awarded while confined in a county jail. These data are necessary to calculate a new parole eligibility date for those who would be eligible for this time credit. At the end of fiscal year 2020, 23,751 people in prison who could potentially meet the specifications in the bill had a parole eligibility date that had not yet passed. The impact on state correctional populations or on the demand for state correctional resources cannot be determined at this time.