Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3032 by Landgraf (Relating to periods of detention following arrest and increasing the criminal penalties for violation of certain court orders and conditions of bond.), As Introduced
The bill would establish that a violation of certain court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case is punishable as a third degree felony. The bill would establish that the offense of committing two or more such violations during a period of 12 months or less is punishable as a second degree felony. The bill would require a person arrested for such violations of court orders or conditions of bond to be held in custody for a minimum of 72 hours, regardless of whether bond has been posted.
Increasing the penalty for an existing offense may result in additional demands upon state and local 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 and a possible increase in the length of stay for individuals sentenced to a term of confinement.
In fiscal year 2022, there were 5,430 individuals arrested, 620 individuals placed on community supervision, and 206 individuals admitted to a state correctional institution for an offense subject to an increased penalty under the provisions of the bill.
While it is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant, it would be dependent on the number of individuals sentenced to a term of confinement in a state correctional institution due to increased penalties.