Honorable Abel Herrero, Chair, House Committee on Corrections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB4886 by Herrero (Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.), As Introduced
The bill would expand the conduct constituting the third degree felony offense of unlawful restraint to include when the actor is committed to a civil commitment facility. The bill would increase the misdemeanor punishment for the offenses of public lewdness and indecent exposure to third degree felony punishment when the actor is civilly committed as a sexually violent predator. The bill would modify the conduct constituting third degree felony assault of an officer, employee, or contractor of a civil commitment facility to specify certain knowledge of the actor and to include an assault outside a civil commitment facility. The bill would expand the conduct constituting the third degree felony offense of prohibited substances and items in a correctional or civil commitment facility to include possession of an alcoholic beverage and to include a civil commitment facility as a place where the possession or provision of a cellular telephone or certain related devices or device components is prohibited. Additionally, the bill would create the third degree felony offense of improper sexual activity with a person committed to a civil commitment facility.
Creating a new criminal offense and expanding the conduct constituting and modifying the penalty for an existing offense may result in an increase in 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.
In fiscal year 2022, there were 1,266 individuals arrested, 181 individuals placed on adult community supervision, 117 individuals placed on juvenile community supervision, and no individuals admitted into an adult or juvenile state correctional institution for the offenses of public lewdness or indecent exposure. The total number of these cases related to individuals who were civilly committed is unknown.
In fiscal year 2022, there were 2,221 individuals arrested, 213 individuals placed on adult community supervision, and 315 individuals admitted into an adult state correctional institution for the offenses of unlawful restraint while in custody, certain assault of an employee or contractor at a civil commitment facility, and prohibited substances and items in a correctional or civil commitment facility. Data does not exist to identify whether these cases involved a civil commitment facility or correctional facility.
According to the Biennial Report Regarding the Texas Civil Commitment Office December 1, 2020 – November 30, 2022, there were a total of 582 active civilly committed sex offenders as of November 2022.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.