The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to drug-free zones. Under the provisions of the bill, the circumstances under which the penalty for certain drug offenses could be enhanced would be reduced, and certain drug offenses would no longer be subject to drug-free zone enhancement.
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 a class A misdemeanor. In addition to confinement, most felonies have 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. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.
Reducing the circumstances under which the penalty for an offense may be enhanced could result in fewer demands on the correctional resources of the counties or of the State due to a decrease in individuals placed under supervision in the community, sentenced to terms of confinement in state correctional institutions, or placed under parole supervision. The bill may have a positive fiscal impact by decreasing the number of people on felony community supervision or incarcerated within state correctional institutions. From fiscal year 2018 to 2020, 246,970 individuals were arrested, 44,074 were placed on direct community supervision, and 48,774 were admitted into a state correctional institution for the drug offenses which, under the provisions of the bill, could be excepted from enhancement. Whether the bill would result in a significant population impact is indeterminate due to the lack of information with the necessary level of detail to identify the number of persons who committed offenses at locations no longer qualifying as drug-free zones as outlined in the bill's provisions. This information is necessary to distinguish, from among all cases of the offenses, only those which could be affected under the provisions of the bill.