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 the authority of a court to grant commutation of punishment to certain individuals serving a term of imprisonment. Under the provisions of the bill, if the constitutional amendment is approved by voters, certain incarcerated individuals meeting the age, offense, and minimum time served requirements would be eligible to have a motion filed with the convicting court to reduce their sentence.
Allowing for eligible incarcerated individuals, at the discretion of the courts, to serve a shorter term of confinement is expected to result in fewer demands upon the correctional resources of the State due to a decrease in the length of stay individuals would be imprisoned in correctional facilities. As of August 31, 2020, 7,637 individuals incarcerated in the Texas Department of Criminal Justice would meet the age, minimum time served, and offense requirements as outlined in the bill. The bill may have a positive population impact by decreasing the length of stay for those incarcerated within state correctional institutions. The number of individuals that would be released is indeterminate due to a lack of information on the number of cases for which the court would grant a commutation of punishment as outlined in the bill.