Honorable Abel Herrero, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB479 by Hinojosa (Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for HB479, Committee Report 1st House, Substituted : a negative impact of ($1,663,659,082) through the biennium ending August 31, 2025.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five- Year Impact:
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2024
($831,896,046)
2025
($831,763,036)
2026
($831,770,281)
2027
($831,777,607)
2028
($831,785,014)
All Funds, Five-Year Impact:
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Change in Number of State Employees from FY 2023
2024
($831,896,046)
81.4
2025
($831,763,036)
81.4
2026
($831,770,281)
81.4
2027
($831,777,607)
81.4
2028
($831,785,014)
81.4
Fiscal Analysis
The bill would require the Health and Human Services Commission (HHSC) to take custody of a defendant awaiting transfer to a mental health facility operated by or under contract with HHSC within 21 days after the date a court delivered a signed order of commitment. If HHSC does not take custody of such a defendant, the bill would require HHSC to evaluate the defendant's overall health in person at least weekly and to compensate the county for each day the defendant remains confined in the county jail in an amount equal to the amount HHSC would have incurred to confine the defendant.
Methodology
Based on information provided by HHSC, the analysis assumes there would be 2,400 defendants on average awaiting transfer to a mental health facility operated by or under contract with HHSC each day. This amount is based on a slightly reduced count of the current state hospital waitlist.
The analysis assumes HHSC would require 81.4 full-time equivalents (FTEs) to perform the required weekly health evaluations for 2,400 defendants. This would include 40.0 Physician Assistants and 40.0 Advanced Practice Registered Nurses to provide a caseload of 30 defendants per FTE given the assumed number of 2,400 defendants. In addition, the analysis assumes HHSC would require 1.4 Program Specialist Vs to provide administrative support. The FTE costs would total $11.7 million in fiscal year 2024 and $11.4 million in subsequent fiscal years.
The analysis assumes the cost to compensate counties for each day the defendant remains confined in a county jail to be $817.3 million per fiscal year. HHSC estimates the bed day rate for the state hospital system to be $933. The analysis assumes counties would be compensated at that rate for all 2,400 estimated defendants each day.
The bill's costs would vary depending on HHSC's actual bed day rate and the number of defendants remaining in county jail.
Technology
FTE-related technology costs would total $0.3 million in fiscal year 2024 and less than $0.1 million each subsequent fiscal year.
Local Government Impact
The analysis assumes counties would receive a total positive fiscal impact of $817.3 million per fiscal year based on the compensation HHSC would be required to provide to counties for defendants remaining confined in a county jail.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission