Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB9 by Huffman (Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the regulation of charitable bail organizations.), As Introduced
No significant fiscal implication to the State is anticipated.
Among other provisions, the bill would prohibit certain criminal law hearing officers from releasing on bail those defendants charged with a felony offense who, at the time of offense, are either on parole or are subject to an immigration detainer, who have two or more prior felony final convictions resulting in imprisonment, or who are charged with certain offenses. The bill would also prohibit release on personal bond, in certain circumstances, for defendants charged with certain offenses. It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant. It is further assumed that administrative costs posed to the Office of Court Administration (OCA) could be absorbed using existing resources.
Local Government Impact
According to OCA, the bill may result in more individuals being detained rather than being released on bail which could increase the cost to local government to incarcerate them. However, any potential cost is currently indeterminate due to lack of data on the estimated number of affected individuals and related detention costs.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 696 Department of Criminal Justice