The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense of improper sexual activity with a person in custody or under supervision. Under existing statute, the offense is punishable as a state jail felony, except that it is punishable as a second-degree felony if the victim is a juvenile. Under the provisions of the bill, the offense would be punishable as a second-degree felony regardless of victim status.
A second-degree felony is punishable by confinement in prison for a term from 2 to 20 years, and 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 can be subject to an optional fine not to exceed $10,000.
Increasing the penalty for an offense is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 27 people were arrested, fewer than 10 were placed onto direct community supervision, and fewer than 10 were admitted to a state correctional institution for the offense of improper sexual activity with a person in custody or under supervision under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.