LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 30, 2011 TO: Honorable Jerry Madden, Chair, House Committee on Corrections FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1552 by Madden (Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1552, As Introduced: a negative impact of ($480,000) through the biennium ending August 31, 2013. 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, 82ND LEGISLATIVE REGULAR SESSION March 30, 2011 TO: Honorable Jerry Madden, Chair, House Committee on Corrections FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1552 by Madden (Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.), As Introduced TO: Honorable Jerry Madden, Chair, House Committee on Corrections FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB1552 by Madden (Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.), As Introduced Honorable Jerry Madden, Chair, House Committee on Corrections Honorable Jerry Madden, Chair, House Committee on Corrections John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB1552 by Madden (Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.), As Introduced HB1552 by Madden (Relating to the monitoring of and the provision of certain information regarding certain high-risk sex offenders.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1552, As Introduced: a negative impact of ($480,000) through the biennium ending August 31, 2013. 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 HB1552, As Introduced: a negative impact of ($480,000) through the biennium ending August 31, 2013. 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 2012 ($240,000) 2013 ($240,000) 2014 ($240,000) 2015 ($240,000) 2016 ($240,000) 2012 ($240,000) 2013 ($240,000) 2014 ($240,000) 2015 ($240,000) 2016 ($240,000) All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromCriminal Justice Plan Ac421 2012 ($240,000) ($500,000) 2013 ($240,000) ($500,000) 2014 ($240,000) ($500,000) 2015 ($240,000) ($500,000) 2016 ($240,000) ($500,000) Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromCriminal Justice Plan Ac421 2012 ($240,000) ($500,000) 2013 ($240,000) ($500,000) 2014 ($240,000) ($500,000) 2015 ($240,000) ($500,000) 2016 ($240,000) ($500,000) 2012 ($240,000) ($500,000) 2013 ($240,000) ($500,000) 2014 ($240,000) ($500,000) 2015 ($240,000) ($500,000) 2016 ($240,000) ($500,000) Fiscal Year Change in Number of State Employees from FY 2011 2012 0.0 2013 0.0 2014 0.0 2015 0.0 2016 0.0 Fiscal Analysis The bill would require the Department of Public Safety (DPS) to maintain an electronic mail service making information available by electronic mail to members of the Texas House of Representatives and the Texas Senate about each individual required to register as a sex offender in the members district. The bill would create a second risk assessment process for juvenile and adults required to register as a sex offender. The dynamic risk assessment is intended to determine the likelihood that the person will engage in sexually predatory conduct after being released from the Texas Department of Criminal Justice or the Texas Youth Commission. The bill would require DPS to contract to implement and coordinate a monitoring system that tracts the location of certain high risk registered sex offenders. The bill makes the monitoring program subject to the receipt of grant funding from the Governors criminal justice planning fund. The criminal justice planning grant would fund the cost of the technology and training for local law enforcement to use the monitoring system to verify the location of registrants. The bill provides for the capability of the monitoring system. The bill would require DPS to adopt rules to implement the monitoring system. The bill would require registrants subject to monitoring under the provisions of the bill pay monthly for the cost of the monitoring system to defray the law enforcement entity cost of operation the system. The bill would require DPS to make the electronic mail report functional not later than January 1, 2012. The bill would require DPS to issue requests for the purchase of monitoring system equipment not later than September 15, 2011. The remaining provisions of the bill would take effect immediately if it receives two-thirds vote, if not it takes effect September 1, 2011. Methodology The fiscal impact assumes the Council on Sex Offender Treatment working with the Texas Youth Commission would contract for the services necessary to develop an effective juvenile sex offender risk assessment. It is assumed that the provision of the bill related to electronic monitoring of registered sex offenders would only be implemented if DPS received a grant of $500,000 from the Criminal Justice Division of the Governors Office funding the full cost of purchasing and implementing the system. The monthly cost of monitoring would be paid by non-indigent registered sex offenders subject to monitoring and it is estimated that the monthly cost would be between $180 to $270 per individual per month. It is assumed that local law enforcement would continue to be the primary authority required to manage registered sex offenders in their jurisdiction. DPS would coordinate the implementation of the monitoring system and assist local law enforcement agencies with implementing the technology, however, DPS would not conduct law enforcement activies related to the tracking and management of certain registered sex offenders subject to electronic monitoring. Fiscal Year Change in Number of State Employees from FY 2011 2012 0.0 2013 0.0 2014 0.0 2015 0.0 2016 0.0 2012 0.0 2013 0.0 2014 0.0 2015 0.0 2016 0.0 Fiscal Analysis The bill would require the Department of Public Safety (DPS) to maintain an electronic mail service making information available by electronic mail to members of the Texas House of Representatives and the Texas Senate about each individual required to register as a sex offender in the members district. The bill would create a second risk assessment process for juvenile and adults required to register as a sex offender. The dynamic risk assessment is intended to determine the likelihood that the person will engage in sexually predatory conduct after being released from the Texas Department of Criminal Justice or the Texas Youth Commission. The bill would require DPS to contract to implement and coordinate a monitoring system that tracts the location of certain high risk registered sex offenders. The bill makes the monitoring program subject to the receipt of grant funding from the Governors criminal justice planning fund. The criminal justice planning grant would fund the cost of the technology and training for local law enforcement to use the monitoring system to verify the location of registrants. The bill provides for the capability of the monitoring system. The bill would require DPS to adopt rules to implement the monitoring system. The bill would require registrants subject to monitoring under the provisions of the bill pay monthly for the cost of the monitoring system to defray the law enforcement entity cost of operation the system. The bill would require DPS to make the electronic mail report functional not later than January 1, 2012. The bill would require DPS to issue requests for the purchase of monitoring system equipment not later than September 15, 2011. The remaining provisions of the bill would take effect immediately if it receives two-thirds vote, if not it takes effect September 1, 2011. The bill would require the Department of Public Safety (DPS) to maintain an electronic mail service making information available by electronic mail to members of the Texas House of Representatives and the Texas Senate about each individual required to register as a sex offender in the members district. The bill would create a second risk assessment process for juvenile and adults required to register as a sex offender. The dynamic risk assessment is intended to determine the likelihood that the person will engage in sexually predatory conduct after being released from the Texas Department of Criminal Justice or the Texas Youth Commission. The bill would require DPS to contract to implement and coordinate a monitoring system that tracts the location of certain high risk registered sex offenders. The bill makes the monitoring program subject to the receipt of grant funding from the Governors criminal justice planning fund. The criminal justice planning grant would fund the cost of the technology and training for local law enforcement to use the monitoring system to verify the location of registrants. The bill provides for the capability of the monitoring system. The bill would require DPS to adopt rules to implement the monitoring system. The bill would require registrants subject to monitoring under the provisions of the bill pay monthly for the cost of the monitoring system to defray the law enforcement entity cost of operation the system. The bill would require DPS to make the electronic mail report functional not later than January 1, 2012. The bill would require DPS to issue requests for the purchase of monitoring system equipment not later than September 15, 2011. The remaining provisions of the bill would take effect immediately if it receives two-thirds vote, if not it takes effect September 1, 2011. Methodology The fiscal impact assumes the Council on Sex Offender Treatment working with the Texas Youth Commission would contract for the services necessary to develop an effective juvenile sex offender risk assessment. It is assumed that the provision of the bill related to electronic monitoring of registered sex offenders would only be implemented if DPS received a grant of $500,000 from the Criminal Justice Division of the Governors Office funding the full cost of purchasing and implementing the system. The monthly cost of monitoring would be paid by non-indigent registered sex offenders subject to monitoring and it is estimated that the monthly cost would be between $180 to $270 per individual per month. It is assumed that local law enforcement would continue to be the primary authority required to manage registered sex offenders in their jurisdiction. DPS would coordinate the implementation of the monitoring system and assist local law enforcement agencies with implementing the technology, however, DPS would not conduct law enforcement activies related to the tracking and management of certain registered sex offenders subject to electronic monitoring. The fiscal impact assumes the Council on Sex Offender Treatment working with the Texas Youth Commission would contract for the services necessary to develop an effective juvenile sex offender risk assessment. It is assumed that the provision of the bill related to electronic monitoring of registered sex offenders would only be implemented if DPS received a grant of $500,000 from the Criminal Justice Division of the Governors Office funding the full cost of purchasing and implementing the system. The monthly cost of monitoring would be paid by non-indigent registered sex offenders subject to monitoring and it is estimated that the monthly cost would be between $180 to $270 per individual per month. It is assumed that local law enforcement would continue to be the primary authority required to manage registered sex offenders in their jurisdiction. DPS would coordinate the implementation of the monitoring system and assist local law enforcement agencies with implementing the technology, however, DPS would not conduct law enforcement activies related to the tracking and management of certain registered sex offenders subject to electronic monitoring. Local Government Impact There would be some additional workload to local law enforcement agencies relating to the monitoring of the GPS tracking of registered sex offenders, but it is anticipated that it could be absorbed utilizing existing resources. There would be some additional workload to local law enforcement agencies relating to the monitoring of the GPS tracking of registered sex offenders, but it is anticipated that it could be absorbed utilizing existing resources. Source Agencies: 301 Office of the Governor, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 537 State Health Services, Department of, 694 Youth Commission, 696 Department of Criminal Justice 301 Office of the Governor, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 537 State Health Services, Department of, 694 Youth Commission, 696 Department of Criminal Justice LBB Staff: JOB, ESi, GG, DH, MWU, KKR, AI JOB, ESi, GG, DH, MWU, KKR, AI