TO:	Honorable Abel Herrero, Chair, House Committee on Corrections
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB93 by Swanson (Relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), As Introduced

The bill would remove eligibility for judge-ordered community supervision for a defendant adjudged guilty of certain intoxication offenses if it is shown that the defendant has been previously convicted two or more times of one of those offenses or any combination of those offenses.

Removing community supervision eligibility for an existing offense may result in increased demands upon state correctional resources due to a possible increase in the number of individuals sentenced to a term of confinement instead of placed under supervision in the community.

In fiscal year 2022, there were 6,528 individuals arrested, 2,750 individuals placed on community supervision, and 2,523 individuals admitted into an adult state correctional institution for a specific offense of driving, boating, or flying while intoxicated with at least two previous convictions of that same offense. Statewide data does not exist to identify additional cases where a defendant has been previously convicted two or more times of any combination of certain intoxication offenses. 

The total impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of statewide data to identify cases where a defendant has been previously convicted two or more times of any combination of certain intoxication offenses. While the full scope of the impact cannot be determined, it is assumed that there would be a significant impact to state correctional populations due to increased admissions into a state correctional institution for individuals no longer eligible for community supervision.

Population trends based on the February 2023 Adult and Juvenile Correctional Population Projections report were analyzed to determine the number of individuals who would no longer be eligible for community supervision under the bill's provisions and instead would likely be admitted into a state correctional institution. The estimated impact on adult correctional populations would follow population trends observed in fiscal year 2022, including placements on supervision, admissions to prison, average time between offense and admission, and average length of supervision or stay.