LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION May 15, 2015 TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. ), As Passed 2nd House No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure as it relates to the awarding of diligent participation credit to defendants confined in a state jail facility. Judges would be required to provide a finding of presumptive diligent participation credit eligibility for offenders convicted of state jail felonies. For offenders who received the presumptive finding, the Texas Department of Criminal Justice (TDCJ) would be required to credit up to one-fifth of the sentence against any time a state jail inmate was required to serve for diligent participation in certain programs. For offenders who did not receive the presumptive finding, TDCJ would continue to provide judicial notification of diligent participation credit eligibility and judges would maintain discretion in awarding diligent participation credit. Statewide data are not available to indicate how often judges may grant an affirmative presumptive finding regarding diligent participation credit, which would require TDCJ to award diligent participation credits. However, this analysis assumes the provisions of the bill would not result in a significant impact on state correctional agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, SD, KJo, LM, ESi
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
May 15, 2015
TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. ), As Passed 2nd House
TO: Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. ), As Passed 2nd House
Honorable Joe Straus, Speaker of the House, House of Representatives
Honorable Joe Straus, Speaker of the House, House of Representatives
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. ), As Passed 2nd House
HB1546 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility. ), As Passed 2nd House
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 as it relates to the awarding of diligent participation credit to defendants confined in a state jail facility. Judges would be required to provide a finding of presumptive diligent participation credit eligibility for offenders convicted of state jail felonies. For offenders who received the presumptive finding, the Texas Department of Criminal Justice (TDCJ) would be required to credit up to one-fifth of the sentence against any time a state jail inmate was required to serve for diligent participation in certain programs. For offenders who did not receive the presumptive finding, TDCJ would continue to provide judicial notification of diligent participation credit eligibility and judges would maintain discretion in awarding diligent participation credit. Statewide data are not available to indicate how often judges may grant an affirmative presumptive finding regarding diligent participation credit, which would require TDCJ to award diligent participation credits. However, this analysis assumes the provisions of the bill would not result in a significant impact on state correctional agencies.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, SD, KJo, LM, ESi
UP, SD, KJo, LM, ESi