LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 6, 2015

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB746 by Whitmire (Relating to the civil commitment of sexually violent predators.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Health and Safety Code to limit the conditions of civil commitment as a sexually violent predator which are subject to prosecution for the offense of violating a civil commitment. The bill would also clarify the offense would only apply to persons whose civil commitment was not subject to appeal at the time of the offense. The offense of violating a civil commitment is punishable as a third degree felony.

A third degree felony is punishable by confinement in prison for a term of two to 10 years and an optional fine not to exceed $10,000.

 
Limiting the conditions of civil commitment for which a criminal penalty may be applied is expected to result in decreased demands upon the correctional resources of the state due to fewer persons subject to prosecution for a felony offense. In fiscal year 2014, 35 people were arrested and admitted to state correctional institutions for the offense of violation of a civil commitment. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.




Source Agencies:
LBB Staff:
UP, LM, ESi