Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1318 by Huffman (Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1318, As Introduced : a negative impact of ($2,858,452) 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.
Creating a new criminal offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill relating to the creation of a criminal offense for violating a condition of bond cannot be determined due to a lack of statewide data on the total number of individuals released on bond or who violate a condition of bond.
General Revenue-Related Funds, Five- Year Impact:
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2024
($2,732,165)
2025
($126,287)
2026
($126,287)
2027
($231,275)
2028
($146,275)
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
($2,732,165)
1.0
2025
($126,287)
1.0
2026
($126,287)
1.0
2027
($231,275)
1.0
2028
($146,275)
1.0
Fiscal Analysis
The bill would require the Office of Court Administration (OCA) to, without cost to a county, enable counties to integrate their jail records management systems and case management systems with the OCA's public safety report system (PSRS).
The bill would also create an offense for violating a condition of bond which would be punishable at various penalty levels depending on the penalty level of the offense for which the person was released on bond or if the person violated the condition of bond by possessing a firearm.
Methodology
Costs reflected in the table above are based on the analysis provided by OCA.
OCA estimates that there are approximately 600 jails run by county sheriff's offices and municipalities that use jail records management systems and 453 district/county clerks with case management systems that would be eligible to integrate with the PSRS. These systems are operated by at least 6 different vendors. To accomplish the bill's objective, OCA would need to modify the current PSRS and pay for the cost of integration charged to the jails and district/county clerks by their vendors. This would require that OCA hire an additional FTE to manage the funding and monitor the integration process. OCA estimates the total cost to accomplish this would be $2.5 million, plus $100,000 for change orders to the PSRS.
Based on information provided by OCA, it is assumed that 1.0 additional contract specialists would be needed to implement the bill's provisions. Salary costs for this position would total $172,200 for the 2024-25 biennium. Operating and payroll related benefit costs would total $65,251 for the 2024-25 biennium.
Creating a new criminal offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to a lack of statewide data on the total number of individuals released on bond or who violate a condition of bond.
Technology
OCA estimates the technology costs for modifying the current PSRS and paying for the cost of integration charged to the jails and district/county clerks by their vendors would be $2.5 million, plus $100,000 for change orders to the PSRS.
Local Government Impact
While the fiscal impact cannot be determined, creating a criminal offense may result in additional demands upon local correctional resources due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
According to OCA, the bill may result in more individuals being detained rather than being released on bail and thus increase the cost to units of local government to house them, but OCA is unable to determine the number of individuals this would affect. There would be no cost to local governments for integration with the PSRS due to OCA paying for the cost as required under the bill. Once integration is complete, the county would assume ongoing costs charged by the vendor for hosting costs.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts