LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
April 3, 2023

TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB909 by Moody (Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.), As Introduced

The bill would establish judicial commutation procedures and authorize a court to grant a commutation of punishment to certain individuals serving a term of imprisonment. The bill's provisions would only apply to a person confined in the Texas Department of Criminal Justice (TDCJ) who is 50 years of age or older and has served at least 15 years of imprisonment for a felony offense, or who is 35 years of age or older but younger than 50 years and has served at least 20 years of imprisonment for a felony offense. The bill's provisions would not apply to an inmate who is serving a sentence for a capital felony, other than a life sentence for an offense committed when younger than 18 years of age; continuous sexual abuse of a young child or disabled individual; or aggravated sexual assault. 

Allowing for early termination of a sentence may result in fewer demands upon state and local correctional resources due to a possible decrease in the number of individuals serving a term of confinement.

On August 31, 2022, there were 10,235 individuals incarcerated within TDCJ who met the age, minimum time served, and offense requirements as outlined in the bill. 

The impact on state correctional populations and on the demand for state correctional resources cannot be determined due to a lack of data to estimate the number of motions that may be filed, the subsequent number of motions that may be granted, and the number of individuals that may be released. 



Source Agencies:
LBB Staff:
JMc, DDel, LBO, MGol