LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 8, 2015 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB403, As Introduced: a positive impact of $93,243,953 through the biennium ending August 31, 2017. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
April 8, 2015
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), 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
HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced
HB403 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB403, As Introduced: a positive impact of $93,243,953 through the biennium ending August 31, 2017. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for HB403, As Introduced: a positive impact of $93,243,953 through the biennium ending August 31, 2017.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2016 $31,767,782 2017 $61,476,171 2018 $61,660,842 2019 $61,832,577 2020 $61,972,213
2016 $31,767,782
2017 $61,476,171
2018 $61,660,842
2019 $61,832,577
2020 $61,972,213
All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2016 $31,767,782 2017 $61,476,171 2018 $61,660,842 2019 $61,832,577 2020 $61,972,213
Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2016 $31,767,782 2017 $61,476,171 2018 $61,660,842 2019 $61,832,577 2020 $61,972,213
2016 $31,767,782
2017 $61,476,171
2018 $61,660,842
2019 $61,832,577
2020 $61,972,213
Fiscal Analysis
The bill would amend the Health and Safety Code and Code of Criminal Procedure as they relate to the punishments for the possession of certain amounts of controlled substances. The bill would reduce the punishment for possession of controlled substances in Penalty Groups 1 (less than one gram), 1-A (fewer than 20 abuse units), and 2 (less than one gram) from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 180 days. The bill would also reduce the punishment for possession of less than a gram of controlled substances in Penalty Groups 1 and 2 in a drug-free zone from a third degree felony to a Class A misdemeanor with a minimum term of confinement of 180 days. Offenders with certain previous convictions would not be subject to the bill's provisions.
The bill would amend the Health and Safety Code and Code of Criminal Procedure as they relate to the punishments for the possession of certain amounts of controlled substances. The bill would reduce the punishment for possession of controlled substances in Penalty Groups 1 (less than one gram), 1-A (fewer than 20 abuse units), and 2 (less than one gram) from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 180 days. The bill would also reduce the punishment for possession of less than a gram of controlled substances in Penalty Groups 1 and 2 in a drug-free zone from a third degree felony to a Class A misdemeanor with a minimum term of confinement of 180 days. Offenders with certain previous convictions would not be subject to the bill's provisions.
Methodology
In fiscal year 2014, 6,430 people subject to the bill's provisions were admitted to state correctional facilities and 7,166 were placed on felony community supervision. Certain offenders with previous convictions would not be subject to the penalty reductions included in the bill; these offenders are not included in the figures listed above. This analysis assumes the offenders subject to the bill's provisions would no longer be eligible for confinement in state correctional facilities or placed under felony community supervision. Instead, these offenders would be charged with misdemeanor offenses and subject to confinement in county jails or placement on misdemeanor community supervision. Cost per day figures included in this analysis are based on those reported in the February 2015 Criminal and Juvenile Justice Uniform Cost Report. Incarceration savings are estimated at $54.89 per offender, per day for prison and $47.30 per offender, per day for state jail. Felony community supervision savings are estimated at $1.63 per offender, per day. Felony community supervision savings would be partially offset by misdemeanor community supervision costs of $0.70 per offender, per day. The state provides Community Supervision and Corrections Departments $0.70 per misdemeanor offender, per day for 182 days. Parole supervision savings are estimated at $4.04 per offender, per day. Based on the adult correctional population projections included in the February 2015 Adult and Juvenile Correctional Population Projections Report, and assuming all other sentencing practices remain constant, the bill's provisions would result in net savings of $31,767,782 during fiscal year 2016. This analysis assumes the bill's provisions would reach partial implementation in fiscal year 2016 and reach full implementation in fiscal years 2017 and beyond. These net savings include incarceration savings of $29,863,540, felony community supervision savings of $2,182,886, and parole supervision savings of $150,821. Net savings are partially offset by misdemeanor community supervision costs of $429,465. The revenue loss associated with reduced collections of criminal fines and court costs as a result of implementing the provisions of the bill is indeterminate.
In fiscal year 2014, 6,430 people subject to the bill's provisions were admitted to state correctional facilities and 7,166 were placed on felony community supervision. Certain offenders with previous convictions would not be subject to the penalty reductions included in the bill; these offenders are not included in the figures listed above. This analysis assumes the offenders subject to the bill's provisions would no longer be eligible for confinement in state correctional facilities or placed under felony community supervision. Instead, these offenders would be charged with misdemeanor offenses and subject to confinement in county jails or placement on misdemeanor community supervision.
Cost per day figures included in this analysis are based on those reported in the February 2015 Criminal and Juvenile Justice Uniform Cost Report. Incarceration savings are estimated at $54.89 per offender, per day for prison and $47.30 per offender, per day for state jail. Felony community supervision savings are estimated at $1.63 per offender, per day. Felony community supervision savings would be partially offset by misdemeanor community supervision costs of $0.70 per offender, per day. The state provides Community Supervision and Corrections Departments $0.70 per misdemeanor offender, per day for 182 days. Parole supervision savings are estimated at $4.04 per offender, per day. Based on the adult correctional population projections included in the February 2015 Adult and Juvenile Correctional Population Projections Report, and assuming all other sentencing practices remain constant, the bill's provisions would result in net savings of $31,767,782 during fiscal year 2016. This analysis assumes the bill's provisions would reach partial implementation in fiscal year 2016 and reach full implementation in fiscal years 2017 and beyond.
These net savings include incarceration savings of $29,863,540, felony community supervision savings of $2,182,886, and parole supervision savings of $150,821. Net savings are partially offset by misdemeanor community supervision costs of $429,465. The revenue loss associated with reduced collections of criminal fines and court costs as a result of implementing the provisions of the bill is indeterminate.
Local Government Impact
The bill could increase fine revenue for counties; however, the revenue could be offset by the mandatory jail time as prescribed in the provisions of the bill and the increase of offenders in county jail due to the various penalties decreased from felonies to misdemeanors under the provisions of the bill. Due to the vast characteristics of the offender population and the unknown composition of the future offender population, the impact on local governments is difficult to estimate. The impact on counties would vary depending on a number of factors including, the number of future cases of certain offenses; the severity of each case; the resources of each individual county; and the size of the county. According to the Texas Commission on Jail Standards, the average cost for an inmate in a county jail is $60.01 per day.
The bill could increase fine revenue for counties; however, the revenue could be offset by the mandatory jail time as prescribed in the provisions of the bill and the increase of offenders in county jail due to the various penalties decreased from felonies to misdemeanors under the provisions of the bill. Due to the vast characteristics of the offender population and the unknown composition of the future offender population, the impact on local governments is difficult to estimate. The impact on counties would vary depending on a number of factors including, the number of future cases of certain offenses; the severity of each case; the resources of each individual county; and the size of the county. According to the Texas Commission on Jail Standards, the average cost for an inmate in a county jail is $60.01 per day.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 537 State Health Services, Department of
212 Office of Court Administration, Texas Judicial Council, 537 State Health Services, Department of
LBB Staff: UP, KJo, LM, ESi, EK
UP, KJo, LM, ESi, EK