LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 21, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1440 by Lucio III (Relating to the penalties for repeat and habitual felony offenders.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1440, As Introduced: a negative impact of ($167,269,959) through the biennium ending August 31, 2015.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 21, 2013
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1440 by Lucio III (Relating to the penalties for repeat and habitual felony offenders.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1440 by Lucio III (Relating to the penalties for repeat and habitual felony offenders.), As Introduced
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1440 by Lucio III (Relating to the penalties for repeat and habitual felony offenders.), As Introduced
HB1440 by Lucio III (Relating to the penalties for repeat and habitual felony offenders.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB1440, As Introduced: a negative impact of ($167,269,959) through the biennium ending August 31, 2015.
Estimated Two-year Net Impact to General Revenue Related Funds for HB1440, As Introduced: a negative impact of ($167,269,959) through the biennium ending August 31, 2015.
General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2014 ($32,239,871) 2015 ($135,030,088) 2016 ($135,030,088) 2017 ($135,030,088) 2018 ($135,030,088)
2014 ($32,239,871)
2015 ($135,030,088)
2016 ($135,030,088)
2017 ($135,030,088)
2018 ($135,030,088)
All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2014 ($32,239,871) 2015 ($135,030,088) 2016 ($135,030,088) 2017 ($135,030,088) 2018 ($135,030,088)
Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2014 ($32,239,871) 2015 ($135,030,088) 2016 ($135,030,088) 2017 ($135,030,088) 2018 ($135,030,088)
2014 ($32,239,871)
2015 ($135,030,088)
2016 ($135,030,088)
2017 ($135,030,088)
2018 ($135,030,088)
Fiscal Analysis
The bill would amend the Penal Code to enhance the penalties for certain state jail offenders. Under the provisions of the bill, an individual convicted for a state jail felony who was previously convicted for a state jail felony and a felony other than a state jail felony would be punished for a third degree felony. An individual convicted for a state jail felony who was previously convicted for two felonies other than a state jail felony would also be punished for a third degree felony. The bill takes effect September 1, 2013 and applies only to an offense committed on or after the effective date of this act.
Methodology
In fiscal year 2012, a total of 22,932 offenders were admitted to state jails for state jail felonies. A total of 6,666 of these offenders met the criteria for enhancement established by the bill. The bill is expected to increase the length of incarceration for many of these prisoners. To assess the impact on incarceration length, the actual release patterns for that same number of prisoners released in fiscal year 2012 who met the criteria established in the bill were compared to the expected release patterns for these prisoners if the bill were implemented. The actual length of stay for 6,666 offenders released from state jail in fiscal year 2012 who met the criteria established in the bill was calculated. For 6,358 of these prisoners, the bill's provisions would have set their release date after the date of their actual release in fiscal year 2012. It is assumed that the bill would only affect these prisoners. In this analysis each of the 6,358 prisoners were assigned a new release date based on the bill's provisions. The new length of stay was calculated for each prisoner and compared against their actual length of stay. The new length of stay for these prisoners would be 23.3 months while the actual average length of stay for these prisoners released in fiscal year 2012 was 9.4 months. The bill's provisions would thereby increase the average length of stay by 13.9 months. To estimate the future impact, the daily costs of Texas Department of Criminal Justice (TDCJ) incarceration are estimated to be $50.04 per inmate for prison facilities. For example, in fiscal year 2014, the cost is estimated to be $32,239,871, which reflects the total number of additional days all affected prisoners remain incarcerated in fiscal year 2014 times the total cost per day per inmate. Since offenders sentenced to state jail are not released to parole supervision, no savings to parole is calculated for the impact of the bill.
In fiscal year 2012, a total of 22,932 offenders were admitted to state jails for state jail felonies. A total of 6,666 of these offenders met the criteria for enhancement established by the bill. The bill is expected to increase the length of incarceration for many of these prisoners. To assess the impact on incarceration length, the actual release patterns for that same number of prisoners released in fiscal year 2012 who met the criteria established in the bill were compared to the expected release patterns for these prisoners if the bill were implemented.
The actual length of stay for 6,666 offenders released from state jail in fiscal year 2012 who met the criteria established in the bill was calculated. For 6,358 of these prisoners, the bill's provisions would have set their release date after the date of their actual release in fiscal year 2012. It is assumed that the bill would only affect these prisoners. In this analysis each of the 6,358 prisoners were assigned a new release date based on the bill's provisions. The new length of stay was calculated for each prisoner and compared against their actual length of stay. The new length of stay for these prisoners would be 23.3 months while the actual average length of stay for these prisoners released in fiscal year 2012 was 9.4 months. The bill's provisions would thereby increase the average length of stay by 13.9 months.
To estimate the future impact, the daily costs of Texas Department of Criminal Justice (TDCJ) incarceration are estimated to be $50.04 per inmate for prison facilities. For example, in fiscal year 2014, the cost is estimated to be $32,239,871, which reflects the total number of additional days all affected prisoners remain incarcerated in fiscal year 2014 times the total cost per day per inmate. Since offenders sentenced to state jail are not released to parole supervision, no savings to parole is calculated for the impact of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: UP, ESi, GG, JPo
UP, ESi, GG, JPo