Honorable Abel Herrero, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1705 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
Expanding eligibility for credits for time served may result in a decrease in demands upon state correctional resources due to a possible decrease in the length of stay for individuals sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data necessary to estimate the number of eligible state jail defendants who would meet the criteria of diligently participating in an educational, vocational, treatment, or work program or the amount of time credit they would receive for such participation.
The bill would remove the required process of a judge making a finding regarding whether a person convicted of a state jail felony is presumptively entitled to diligent participation credit and would require the Texas Department of Criminal Justice (TDCJ) to award diligent participation credit towards the sentence of a defendant in a state jail facility for each day a defendant served in the facility while diligently participating in an educational, vocational, treatment, or work program.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of data necessary to estimate the number of eligible state jail defendants who would meet the criteria of diligently participating in an educational, vocational, treatment, or work program or the amount of time credit they would receive for such participation. Based on the February 2023 Criminal and Juvenile Justice Uniform Cost Report, the uniform cost per day for an individual in a state jail facility was $73.39.
TDCJ indicates that no significant fiscal impact is anticipated by the agency.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.