LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 18, 2009 TO: Honorable Jim McReynolds, Chair, House Committee on Corrections FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2139 by McClendon (Relating to the establishment, operation, and funding of pretrial victim-offender mediation programs.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB2139, As Introduced: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 18, 2009
TO: Honorable Jim McReynolds, Chair, House Committee on Corrections FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2139 by McClendon (Relating to the establishment, operation, and funding of pretrial victim-offender mediation programs.), As Introduced
TO: Honorable Jim McReynolds, Chair, House Committee on Corrections
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB2139 by McClendon (Relating to the establishment, operation, and funding of pretrial victim-offender mediation programs.), As Introduced
Honorable Jim McReynolds, Chair, House Committee on Corrections
Honorable Jim McReynolds, Chair, House Committee on Corrections
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB2139 by McClendon (Relating to the establishment, operation, and funding of pretrial victim-offender mediation programs.), As Introduced
HB2139 by McClendon (Relating to the establishment, operation, and funding of pretrial victim-offender mediation programs.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB2139, As Introduced: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for HB2139, As Introduced: an impact of $0 through the biennium ending August 31, 2011.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2010 $0 2011 $0 2012 $0 2013 $0 2014 $0
2010 $0
2011 $0
2012 $0
2013 $0
2014 $0
All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund - GR Account, Pretrial Victim-Offender Mediation Program1 Probable Revenue Gain/(Loss) fromGeneral Revenue Fund - GR Account, Pretrial Victim-Offender Mediation1 Probable Savings/(Cost) fromLocal Units of Government 2010 $189,000 ($189,000) $162,000 2011 $455,000 ($455,000) $388,000 2012 $455,000 ($455,000) $388,000 2013 $455,000 ($455,000) $388,000 2014 $455,000 ($455,000) $388,000
Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund - GR Account, Pretrial Victim-Offender Mediation Program1 Probable Revenue Gain/(Loss) fromGeneral Revenue Fund - GR Account, Pretrial Victim-Offender Mediation1 Probable Savings/(Cost) fromLocal Units of Government 2010 $189,000 ($189,000) $162,000 2011 $455,000 ($455,000) $388,000 2012 $455,000 ($455,000) $388,000 2013 $455,000 ($455,000) $388,000 2014 $455,000 ($455,000) $388,000
2010 $189,000 ($189,000) $162,000
2011 $455,000 ($455,000) $388,000
2012 $455,000 ($455,000) $388,000
2013 $455,000 ($455,000) $388,000
2014 $455,000 ($455,000) $388,000
Fiscal Analysis
The bill would add Subchapter A-1 to Chapter 56 of the Code of Criminal Procedure (CCP) to authorize a county or a municipality to establish a pretrial victim-offender mediation program for cases involving a first-time offender arrested and charged under Title 7 of the Penal Code (Offenses Against Property). Operational procedures that must be followed are provided in the bill, includingrequirements of the attorney representing the state and staff and other resources of pretrial servicesdepartments, community supervision and corrections departments, juvenile probation departments,and juvenile boards. The lieutenant governor and the speaker of the house of representatives would be authorized to assignoversight duties of the programs to appropriate legislative committees. A legislative committee or thegovernor would be authorized to request that the state auditor perform a management, operations, orfinancial or accounting audit of a pretrial victim-offender mediation program established under thesubchapter. A county or municipality that establishes a program would be required to notify the Officeof the Attorney General when the program is implemented. A pretrial victim-offender mediation program established under the added subchapter may collectfrom the defendant a reasonable program fee not to exceed $500 and an alcohol or controlledsubstance testing, counseling, and treatment fee in an amount necessary to cover the costs. Fees mustbe based on the defendant's ability to pay and be used only for purposes specific to the program. The bill would amend Subchapter A of Chapter 102, Code of Criminal Procedure, to require inaddition to other costs on conviction imposed by the chapter, a $15 court cost on conviction of afelony or misdemeanor under Title 7, Penal Code. If the county or municipality operates a pretrialvictim offender mediation program, that entity would be authorized to retain 40 percent of the fundscollected to be used exclusively for the maintenance of the pretrial victim-offender mediation program operated within the county or municipality. If a county or municipality complies with certainrequirements, the county or municipality may retain as a collection fee 10 percent of an amount equalto the difference between the amount of funds collected and any amount to which the county ormunicipality would otherwise be entitled. The comptroller would be required to deposit the fundsreceived from the county or municipality to the credit of the pretrial victim-offender mediationprogram account in the General Revenue Fund to help fund pretrial victim-offender mediationprograms established under Subchapter A-1, Chapter 56, CCP. The legislature would be required toappropriate money from the account solely to the OAG for distribution to pretrial victim-offendermediation programs that apply for the money. Funds collected would be subject to audit by thecomptroller. Subchapter B, Chapter 102, and Subchapter B, Chapter 103 of the Government Code would be amended to add language to conform with provisions of Subchapter A-1, CCP. Changes in the law would apply only to an offense committed on or after the effective date of the bill.The bill would take effect immediately if it were to received the required two-thirds vote in eachhouse; otherwise, it would take effect September 1, 2009. The proposed legislation would do one or more of the following: create or recreate a dedicatedaccount in the General Revenue Fund, create or recreate a special or trust fund either with or outsideof the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature. It is anticipated that administrative costs resulting from requirements placed on the Comptroller ofPublic Accounts, Office of the Attorney General, and Office of the State Auditor could be absorbedusing existing resources. All other fiscal impact is reflected in the tables above.
The bill would add Subchapter A-1 to Chapter 56 of the Code of Criminal Procedure (CCP) to authorize a county or a municipality to establish a pretrial victim-offender mediation program for cases involving a first-time offender arrested and charged under Title 7 of the Penal Code (Offenses Against Property). Operational procedures that must be followed are provided in the bill, includingrequirements of the attorney representing the state and staff and other resources of pretrial servicesdepartments, community supervision and corrections departments, juvenile probation departments,and juvenile boards.
The lieutenant governor and the speaker of the house of representatives would be authorized to assignoversight duties of the programs to appropriate legislative committees. A legislative committee or thegovernor would be authorized to request that the state auditor perform a management, operations, orfinancial or accounting audit of a pretrial victim-offender mediation program established under thesubchapter. A county or municipality that establishes a program would be required to notify the Officeof the Attorney General when the program is implemented.
A pretrial victim-offender mediation program established under the added subchapter may collectfrom the defendant a reasonable program fee not to exceed $500 and an alcohol or controlledsubstance testing, counseling, and treatment fee in an amount necessary to cover the costs. Fees mustbe based on the defendant's ability to pay and be used only for purposes specific to the program.
The bill would amend Subchapter A of Chapter 102, Code of Criminal Procedure, to require inaddition to other costs on conviction imposed by the chapter, a $15 court cost on conviction of afelony or misdemeanor under Title 7, Penal Code. If the county or municipality operates a pretrialvictim offender mediation program, that entity would be authorized to retain 40 percent of the fundscollected to be used exclusively for the maintenance of the pretrial victim-offender mediation program operated within the county or municipality. If a county or municipality complies with certainrequirements, the county or municipality may retain as a collection fee 10 percent of an amount equalto the difference between the amount of funds collected and any amount to which the county ormunicipality would otherwise be entitled. The comptroller would be required to deposit the fundsreceived from the county or municipality to the credit of the pretrial victim-offender mediationprogram account in the General Revenue Fund to help fund pretrial victim-offender mediationprograms established under Subchapter A-1, Chapter 56, CCP. The legislature would be required toappropriate money from the account solely to the OAG for distribution to pretrial victim-offendermediation programs that apply for the money. Funds collected would be subject to audit by thecomptroller.
Subchapter B, Chapter 102, and Subchapter B, Chapter 103 of the Government Code would be amended to add language to conform with provisions of Subchapter A-1, CCP.
Changes in the law would apply only to an offense committed on or after the effective date of the bill.The bill would take effect immediately if it were to received the required two-thirds vote in eachhouse; otherwise, it would take effect September 1, 2009.
The proposed legislation would do one or more of the following: create or recreate a dedicatedaccount in the General Revenue Fund, create or recreate a special or trust fund either with or outsideof the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
It is anticipated that administrative costs resulting from requirements placed on the Comptroller ofPublic Accounts, Office of the Attorney General, and Office of the State Auditor could be absorbedusing existing resources. All other fiscal impact is reflected in the tables above.
Methodology
The Comptroller of Public Accounts used historical data from the Annual Statistical Report for the Texas Judiciary (for multiple years), adjusted for growth, indigency, implementation, and retention by local governments to estimate the fiscal impact from the new $15 court cost. The court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect historical non-collection rates, and adjusted for an implementation lag. Estimates were based on felony and some misdemeanor convictions for which data were available. In general, misdemeanor property offense data were not sufficiently detailed to be included in the analysis. It is unknown what amount the legislature might appropriate from the revenue deposited to the Pretrial Victim-Offender Mediation Program account to be distributed to the local programs, nor is it known how many programs would be established nor how much money may be requested from the local governments to help fund the local programs. However, for the purpose of this analysis, it is assumed that an amount equal to revenue gained would be appropriated and expended.
The Comptroller of Public Accounts used historical data from the Annual Statistical Report for the Texas Judiciary (for multiple years), adjusted for growth, indigency, implementation, and retention by local governments to estimate the fiscal impact from the new $15 court cost. The court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect historical non-collection rates, and adjusted for an implementation lag. Estimates were based on felony and some misdemeanor convictions for which data were available. In general, misdemeanor property offense data were not sufficiently detailed to be included in the analysis.
It is unknown what amount the legislature might appropriate from the revenue deposited to the Pretrial Victim-Offender Mediation Program account to be distributed to the local programs, nor is it known how many programs would be established nor how much money may be requested from the local governments to help fund the local programs. However, for the purpose of this analysis, it is assumed that an amount equal to revenue gained would be appropriated and expended.
Local Government Impact
The table above reflects estimated revenue gain to local governments in the aggregate related tocollecting the $15 court cost if each eligible local entity were to establish a pretrial victim-offendermediation program. Impact would vary by county or municipality depending on the number of casesfor which the $15 fee would be imposed and whether the local government establishes a pretrialvictim-offender mediation program, which would then entitle the entity to retain 40 percent of the feeand a collection fee, as opposed to retaining only a collection fee. It is assumed that a county or municipality would establish a pretrial victim-offender mediationprogram only if, notwithstanding the $500 program fee that could be charged to a defendant, thecounty or municipality has a sufficient budget and would collect sufficient applicable court fees toabsorb the associated costs.
The table above reflects estimated revenue gain to local governments in the aggregate related tocollecting the $15 court cost if each eligible local entity were to establish a pretrial victim-offendermediation program. Impact would vary by county or municipality depending on the number of casesfor which the $15 fee would be imposed and whether the local government establishes a pretrialvictim-offender mediation program, which would then entitle the entity to retain 40 percent of the feeand a collection fee, as opposed to retaining only a collection fee.
It is assumed that a county or municipality would establish a pretrial victim-offender mediationprogram only if, notwithstanding the $500 program fee that could be charged to a defendant, thecounty or municipality has a sufficient budget and would collect sufficient applicable court fees toabsorb the associated costs.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 308 State Auditor's Office
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 308 State Auditor's Office
LBB Staff: JOB, ESi, DB
JOB, ESi, DB