LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION May 17, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB431 by Riddle (Relating to reconsideration of parole eligibility for certain inmates convicted of injury to a child, elderly person, or disabled person.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Government Code as it relates to parole reconsideration for inmates convicted of a second- or third-degree felony for injuring a child, elderly person, or disabled person. Under the provisions of the bill, the Board of Pardons and Paroles (BPP) could delay the reconsideration of these offenders for release to parole up to five years after the date of denial. Under current law, the BPP must reconsider these offenders for parole release as soon as practicable after the first anniversary of the date of denial. This act would take effect immediately if it receives a vote of two-thirds of all the members elected to each house. Otherwise, the bill would take effect on September 1, 2013. By allowing the BPP to delay reconsideration of these offenders for release to parole, the bill's provisions could increase the length of incarceration for prisoners convicted of certain offenses involving child injury. Increasing the length of incarceration for any criminal offense is expected to increase demands on state correctional agency resources. However, the bill's provisions do not affect parole eligibility criteria and only provide the BPP the option to delay reconsideration; therefore, it is assumed the BPP would make similar parole approval decisions under the bill's provisions as before these provisions were enacted. It is assumed that these provisions would not have a significant impact on length of stay and, as a result, would not significantly impact state correctional agencies' workload and programs. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JGA LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION May 17, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB431 by Riddle (Relating to reconsideration of parole eligibility for certain inmates convicted of injury to a child, elderly person, or disabled person.), Committee Report 2nd House, Substituted TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB431 by Riddle (Relating to reconsideration of parole eligibility for certain inmates convicted of injury to a child, elderly person, or disabled person.), Committee Report 2nd House, Substituted Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB431 by Riddle (Relating to reconsideration of parole eligibility for certain inmates convicted of injury to a child, elderly person, or disabled person.), Committee Report 2nd House, Substituted HB431 by Riddle (Relating to reconsideration of parole eligibility for certain inmates convicted of injury to a child, elderly person, or disabled person.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Government Code as it relates to parole reconsideration for inmates convicted of a second- or third-degree felony for injuring a child, elderly person, or disabled person. Under the provisions of the bill, the Board of Pardons and Paroles (BPP) could delay the reconsideration of these offenders for release to parole up to five years after the date of denial. Under current law, the BPP must reconsider these offenders for parole release as soon as practicable after the first anniversary of the date of denial. This act would take effect immediately if it receives a vote of two-thirds of all the members elected to each house. Otherwise, the bill would take effect on September 1, 2013. By allowing the BPP to delay reconsideration of these offenders for release to parole, the bill's provisions could increase the length of incarceration for prisoners convicted of certain offenses involving child injury. Increasing the length of incarceration for any criminal offense is expected to increase demands on state correctional agency resources. However, the bill's provisions do not affect parole eligibility criteria and only provide the BPP the option to delay reconsideration; therefore, it is assumed the BPP would make similar parole approval decisions under the bill's provisions as before these provisions were enacted. It is assumed that these provisions would not have a significant impact on length of stay and, as a result, would not significantly impact state correctional agencies' workload and programs. The bill would amend the Government Code as it relates to parole reconsideration for inmates convicted of a second- or third-degree felony for injuring a child, elderly person, or disabled person. Under the provisions of the bill, the Board of Pardons and Paroles (BPP) could delay the reconsideration of these offenders for release to parole up to five years after the date of denial. Under current law, the BPP must reconsider these offenders for parole release as soon as practicable after the first anniversary of the date of denial. This act would take effect immediately if it receives a vote of two-thirds of all the members elected to each house. Otherwise, the bill would take effect on September 1, 2013. By allowing the BPP to delay reconsideration of these offenders for release to parole, the bill's provisions could increase the length of incarceration for prisoners convicted of certain offenses involving child injury. Increasing the length of incarceration for any criminal offense is expected to increase demands on state correctional agency resources. However, the bill's provisions do not affect parole eligibility criteria and only provide the BPP the option to delay reconsideration; therefore, it is assumed the BPP would make similar parole approval decisions under the bill's provisions as before these provisions were enacted. It is assumed that these provisions would not have a significant impact on length of stay and, as a result, would not significantly impact state correctional agencies' workload and programs. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JGA UP, ESi, GG, JGA