LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 13, 2013 TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB358 by Hinojosa ( relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure and Goverment Code as they relate to the use of a polygraph statement as evidence that a defendant or parolee has violated a condition of release on community supervision or parole. Under the provisions of the bill, the court or parole panel may not rely solely on uncorroborated polygraph statements for an adjudication of guilt on an original charge or a revocation for a violation of community supervision or parole supervision. The bill would take effect on September 1, 2013, and only apply to offenses committed on or after that date. The bill increases the evidence required in certain cases to adjudicate or revoke an individual who has allegedly violated the conditions of community supervision or parole supervision. This additional requirement may reduce the number of individuals whose community supervision or parole supervision is modified and extended. It may also reduce the number of individuals admitted to Texas Department of Criminal Justice facilities due to a revocation. As a result, the bill could reduce the overall correctional supervision and incarceration populations. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute 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, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
March 13, 2013
TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB358 by Hinojosa ( relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB358 by Hinojosa ( relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.), Committee Report 1st 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
SB358 by Hinojosa ( relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.), Committee Report 1st House, Substituted
SB358 by Hinojosa ( relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.), Committee Report 1st 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 Code of Criminal Procedure and Goverment Code as they relate to the use of a polygraph statement as evidence that a defendant or parolee has violated a condition of release on community supervision or parole. Under the provisions of the bill, the court or parole panel may not rely solely on uncorroborated polygraph statements for an adjudication of guilt on an original charge or a revocation for a violation of community supervision or parole supervision. The bill would take effect on September 1, 2013, and only apply to offenses committed on or after that date. The bill increases the evidence required in certain cases to adjudicate or revoke an individual who has allegedly violated the conditions of community supervision or parole supervision. This additional requirement may reduce the number of individuals whose community supervision or parole supervision is modified and extended. It may also reduce the number of individuals admitted to Texas Department of Criminal Justice facilities due to a revocation. As a result, the bill could reduce the overall correctional supervision and incarceration populations. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute 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, KKR
UP, ESi, GG, JGA, KKR