LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 28, 2025 TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1610 by Perry (relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.), Committee Report 1st House, Substituted Increasing the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to identify the number of cases in which a person committed an offense while civilly committed. Amongst other offense-related provisions, the bill would increase the penalty for certain offenses if committed while the actor is civilly committed to the Texas Civil Commitment Office (TCCO) and determine the sentence as life in prison, or a sentence of not more than 99 years or less than 25 years, for a conviction of any felony offense other than a state jail felony.Amongst other agency-related provisions, the bill would require the Health and Human Services Commission (HHSC) to pay certain costs associated with duties or services provided in assessing an individual's readiness for treatment.The bill would allow the assistance of the attorney general on any legal matter brought against a person providing a service who is immune from liability and would also allow the recovery of court costs and attorney fees.The bill would entitle TCCO to obtain criminal history record information relating to a person who is civilly committed or was previously civilly committed from the Department of Public Safety (DPS).The Office of Court Administration, Office of the Attorney General, HHSC, and DPS do not anticipate a significant fiscal impact.Though the fiscal impact of the bill cannot be determined, removing individuals from civil commitment to TCCO and sentencing them to a life sentence or a sentence of more than 25 years but less than 99 years, within the Texas Department of Criminal Justice (TDCJ) would result in cost savings to TCCO which would be partially offset by increased costs to TDCJ. The fiscal year 2025 per diem rate for those civilly committed to TCCO is $117.53. Based on the The January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030, the fiscal year 2024 average daily cost for those incarcerated at TDCJ was $86.50. Local Government ImpactIt is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice LBB Staff: b > td > JMc, MGol, AMr
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 28, 2025
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1610 by Perry (relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.), Committee Report 1st House, Substituted
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1610 by Perry (relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.), Committee Report 1st House, Substituted
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1610 by Perry (relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.), Committee Report 1st House, Substituted
SB1610 by Perry (relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.), Committee Report 1st House, Substituted
Increasing the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to identify the number of cases in which a person committed an offense while civilly committed.
Increasing the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to identify the number of cases in which a person committed an offense while civilly committed.
Amongst other offense-related provisions, the bill would increase the penalty for certain offenses if committed while the actor is civilly committed to the Texas Civil Commitment Office (TCCO) and determine the sentence as life in prison, or a sentence of not more than 99 years or less than 25 years, for a conviction of any felony offense other than a state jail felony.Amongst other agency-related provisions, the bill would require the Health and Human Services Commission (HHSC) to pay certain costs associated with duties or services provided in assessing an individual's readiness for treatment.The bill would allow the assistance of the attorney general on any legal matter brought against a person providing a service who is immune from liability and would also allow the recovery of court costs and attorney fees.The bill would entitle TCCO to obtain criminal history record information relating to a person who is civilly committed or was previously civilly committed from the Department of Public Safety (DPS).The Office of Court Administration, Office of the Attorney General, HHSC, and DPS do not anticipate a significant fiscal impact.Though the fiscal impact of the bill cannot be determined, removing individuals from civil commitment to TCCO and sentencing them to a life sentence or a sentence of more than 25 years but less than 99 years, within the Texas Department of Criminal Justice (TDCJ) would result in cost savings to TCCO which would be partially offset by increased costs to TDCJ. The fiscal year 2025 per diem rate for those civilly committed to TCCO is $117.53. Based on the The January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030, the fiscal year 2024 average daily cost for those incarcerated at TDCJ was $86.50.
Amongst other agency-related provisions, the bill would require the Health and Human Services Commission (HHSC) to pay certain costs associated with duties or services provided in assessing an individual's readiness for treatment.The bill would allow the assistance of the attorney general on any legal matter brought against a person providing a service who is immune from liability and would also allow the recovery of court costs and attorney fees.
The bill would entitle TCCO to obtain criminal history record information relating to a person who is civilly committed or was previously civilly committed from the Department of Public Safety (DPS).The Office of Court Administration, Office of the Attorney General, HHSC, and DPS do not anticipate a significant fiscal impact.Though the fiscal impact of the bill cannot be determined, removing individuals from civil commitment to TCCO and sentencing them to a life sentence or a sentence of more than 25 years but less than 99 years, within the Texas Department of Criminal Justice (TDCJ) would result in cost savings to TCCO which would be partially offset by increased costs to TDCJ. The fiscal year 2025 per diem rate for those civilly committed to TCCO is $117.53. Based on the The January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030, the fiscal year 2024 average daily cost for those incarcerated at TDCJ was $86.50.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 529 Health and Human Services Commission, 696 Department of Criminal Justice
LBB Staff: b > td > JMc, MGol, AMr
JMc, MGol, AMr