LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 20, 2011 TO: Honorable Jerry Madden, Chair, House Committee on Corrections FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3359 by Miles (Relating to mandatory supervision for certain inmates sentenced following violation of a condition of community supervision.), As Introduced The probable savings as a result of the bill cannot be determined due to a lack of data related to offenders whose community supervision has been revoked and those admitted for new offenses. The bill would amend the Government Code as it relates to mandatory supervision for certain inmates sentenced following a violation of a condition of community supervision. Under the provisions of the bill, certain felons whose deferred adjudication community supervision was revoked as a result of a technical violation of the conditions of community supervision would be automatically released to mandatory supervision once the offenders time served plus good time equals the offenders sentence length. Allowing for the automatic release of offenders to mandatory supervision is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in prison. In fiscal year 2010, there were 9,786 felony community supervision revocations to prison for a technical violation of community supervision belonging to approximately 6,410 people. After removing those not on deferred adjudication community supervision at revocation, those whose offenses make them ineligible because of the provisions of the bill, and those whose offenses are ineligible for release to mandatory supervision, approximately 4,201 felony community supervision revocations belonging to 2,224 people would be subject to the provisions of the bill. The probable impact on the criminal justice population as a result of the provisions of the bill cannot be determined since historical data that would allow for those offenders whose community supervision has been revoked to be distinguished from those admitted for a new offense do not exist. Without this level of detail it is not possible to make an assumption with regard to the amount of good conduct time those subject to the provisions of the bill might accrue.The bill would take effect immediately if a two-thirds majority vote in both houses of the Legislature is received. Otherwise, the bill would take effect on September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, ESi, GG, LM, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 20, 2011
TO: Honorable Jerry Madden, Chair, House Committee on Corrections FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3359 by Miles (Relating to mandatory supervision for certain inmates sentenced following violation of a condition of community supervision.), As Introduced
TO: Honorable Jerry Madden, Chair, House Committee on Corrections
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB3359 by Miles (Relating to mandatory supervision for certain inmates sentenced following violation of a condition of community supervision.), 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
HB3359 by Miles (Relating to mandatory supervision for certain inmates sentenced following violation of a condition of community supervision.), As Introduced
HB3359 by Miles (Relating to mandatory supervision for certain inmates sentenced following violation of a condition of community supervision.), As Introduced
The probable savings as a result of the bill cannot be determined due to a lack of data related to offenders whose community supervision has been revoked and those admitted for new offenses.
The probable savings as a result of the bill cannot be determined due to a lack of data related to offenders whose community supervision has been revoked and those admitted for new offenses.
The bill would amend the Government Code as it relates to mandatory supervision for certain inmates sentenced following a violation of a condition of community supervision. Under the provisions of the bill, certain felons whose deferred adjudication community supervision was revoked as a result of a technical violation of the conditions of community supervision would be automatically released to mandatory supervision once the offenders time served plus good time equals the offenders sentence length. Allowing for the automatic release of offenders to mandatory supervision is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in prison. In fiscal year 2010, there were 9,786 felony community supervision revocations to prison for a technical violation of community supervision belonging to approximately 6,410 people. After removing those not on deferred adjudication community supervision at revocation, those whose offenses make them ineligible because of the provisions of the bill, and those whose offenses are ineligible for release to mandatory supervision, approximately 4,201 felony community supervision revocations belonging to 2,224 people would be subject to the provisions of the bill. The probable impact on the criminal justice population as a result of the provisions of the bill cannot be determined since historical data that would allow for those offenders whose community supervision has been revoked to be distinguished from those admitted for a new offense do not exist. Without this level of detail it is not possible to make an assumption with regard to the amount of good conduct time those subject to the provisions of the bill might accrue.The bill would take effect immediately if a two-thirds majority vote in both houses of the Legislature is received. Otherwise, the bill would take effect on September 1, 2011.
The bill would amend the Government Code as it relates to mandatory supervision for certain inmates sentenced following a violation of a condition of community supervision. Under the provisions of the bill, certain felons whose deferred adjudication community supervision was revoked as a result of a technical violation of the conditions of community supervision would be automatically released to mandatory supervision once the offenders time served plus good time equals the offenders sentence length. Allowing for the automatic release of offenders to mandatory supervision is expected to result in decreased demands upon the correctional resources of the State due to shorter terms of confinement in prison. In fiscal year 2010, there were 9,786 felony community supervision revocations to prison for a technical violation of community supervision belonging to approximately 6,410 people. After removing those not on deferred adjudication community supervision at revocation, those whose offenses make them ineligible because of the provisions of the bill, and those whose offenses are ineligible for release to mandatory supervision, approximately 4,201 felony community supervision revocations belonging to 2,224 people would be subject to the provisions of the bill. The probable impact on the criminal justice population as a result of the provisions of the bill cannot be determined since historical data that would allow for those offenders whose community supervision has been revoked to be distinguished from those admitted for a new offense do not exist. Without this level of detail it is not possible to make an assumption with regard to the amount of good conduct time those subject to the provisions of the bill might accrue.The bill would take effect immediately if a two-thirds majority vote in both houses of the Legislature is received. Otherwise, the bill would take effect on September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 696 Department of Criminal Justice
696 Department of Criminal Justice
LBB Staff: JOB, ESi, GG, LM, KKR
JOB, ESi, GG, LM, KKR