LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 26, 2025 TO: Honorable Sam Harless, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2341 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB2341, As Introduced: a positive impact of $315,868 through the biennium ending August 31, 2027. 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 toGeneral Revenue Related Funds2026$02027$315,8682028$19,592,2292029$19,995,4992030$19,889,837All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund12026$02027$315,8682028$19,592,2292029$19,995,4992030$19,889,837 Fiscal AnalysisThe bill would amend the Code of Criminal Procedure as it relates to awarding diligent participation credit to individuals serving a term of confinement for a state jail felony offense. Under the provisions of the bill, a judge would no longer be required to find an individual confined in a state jail facility presumptively eligible for diligent participation credit. Instead, the Texas Department of Criminal Justice (TDCJ) would be required to grant those confined in state jails full diligent participation credit minus any days those confined were in disciplinary status.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 26, 2025
TO: Honorable Sam Harless, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2341 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
TO: Honorable Sam Harless, Chair, House Committee on Corrections
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2341 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
Honorable Sam Harless, Chair, House Committee on Corrections
Honorable Sam Harless, Chair, House Committee on Corrections
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB2341 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
HB2341 by Allen (Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB2341, As Introduced: a positive impact of $315,868 through the biennium ending August 31, 2027. 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 HB2341, As Introduced: a positive impact of $315,868 through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
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:
2026 $0
2027 $315,868
2028 $19,592,229
2029 $19,995,499
2030 $19,889,837
All Funds, Five-Year Impact:
2026 $0
2027 $315,868
2028 $19,592,229
2029 $19,995,499
2030 $19,889,837
Fiscal Analysis
The bill would amend the Code of Criminal Procedure as it relates to awarding diligent participation credit to individuals serving a term of confinement for a state jail felony offense. Under the provisions of the bill, a judge would no longer be required to find an individual confined in a state jail facility presumptively eligible for diligent participation credit. Instead, the Texas Department of Criminal Justice (TDCJ) would be required to grant those confined in state jails full diligent participation credit minus any days those confined were in disciplinary status.
Methodology
Under current statute, the Texas Department of Criminal Justice (TDCJ) collects information on the diligent participation of those confined in state jail facilities for each day individuals participate in educational, vocational, treatment, or work programs. These individuals are able to receive credit for a maximum of 20 percent of their sentence length. For some individuals, a judgement can contain a finding that the incarcerated individual is presumptively entitled to diligent participation credit. For those without presumptive findings, when the individual has served almost 80 percent of the sentence, TDCJ provides the sentencing court with individual level program participation information and the judge may then grant diligent participation time credit. In fiscal year 2024, approximately 46.9 percent of people released with a state jail felony offense had a presumptive finding. In fiscal year 2024, an average of 27.15 diligent participation credit days were awarded. Additional diligent participation credit that could be awarded to those within state jails was calculated based on state jail felony sentence releases in fiscal year 2024. Individuals with consecutive sentences, presumptive findings to receive diligent participation credit, or those who received the maximum allowed 20 percent of their sentence length were excluded from our analysis. The additional time credit days were derived by subtracting any amount of days an individual may already receive under existing statute from the 20 percent maximum. The additional days were adjusted based on the projections published in the January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030 and the average time lag from offense to admission for a state jail felony. This analysis assumes individuals would receive the maximum amount allowed. These diligent credit days and the resulting savings could be reduced based on the disciplinary status and number of days those confined were ineligible to earn the time credit as outlined in the bill's provisions. Savings are estimated based on the state costs per day for adults in the state-operated state jail facilities ($77.68). This cost per day per person is reported in the January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
LBB Staff: b > td > JMc, MGol, AMr, QH, DGI, JLa
JMc, MGol, AMr, QH, DGI, JLa