TO:	Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB939 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced

The bill would reduce the penalty for possession of a controlled substance in Penalty Groups 1, 1-B, and 2 of less than one gram and Penalty Group 1-A of fewer than 20 abuse units from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 180 days. The bill would also reduce the punishment for such possession in a drug-free zone from a third degree felony to a state jail felony. The bill limits these penalty reductions to individuals who have not been previously convicted of certain possession of a controlled substance or marihuana offenses. 

Reducing the penalty for an existing offense may result in reduced demands upon state and local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. 

In fiscal year 2022, 38,888 individuals were arrested, 7,511 individuals were placed on adult community supervision, 2,829 individuals were placed on juvenile probation supervision, and 4,237 were admitted to an adult state correctional institution for a possession of a controlled substance offense for which the penalty would be reduced under the bill's provisions in the absence of a previous conviction of certain possession of a controlled substance or marihuana offenses. In fiscal year 2022, 11 individuals were admitted to a juvenile state correctional facility for possession of a controlled substance, although the penalty group classification and weight of these substances is unknown.