HB 1436

83(R) - 2013
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral


Eddie Lucio III

Bill Caption

Relating to a mandatory term of confinement for certain offenses involving family violence.

Fiscal Notes

No significant fiscal implication is anticipated on the State. The bill would require mandatory confinement in county jails in cases in which the court could previously punish offenders with a fine only. These costs would vary by county depending on the number of applicable cases, whether or not jail time would have otherwise been issued, and the length of jail time the offender would otherwise receive. Costs may be significant to some counties. Harris County estimates a bed in a county jail at between $80 and $85 per day for the general population, and costs up to $315 per day for specialized mental health inside the jail and up to $510 per day for contract mental health at the Harris County Psychiatry Center. At an estimated 10 day average stay, costs on average would be between $850 and $5,000 per inmate. Brazos County estimated that the bill would add about 500 total days of jail time per year, at a cost of $51.11 per day on average, for a total of $25,555 annually.

Bill Analysis

Summary: HB 1436 would mandate a court that grants community supervision in a case of family violence to require confinement in a county jail based on the severity of the offense.

Analysis: HB 1436 represents a new burden on county jails which costs the taxpayers money. Additionally, this bill removes judicial discretion by mandating confinement as a condition of probation regardless of the facts of the case. This bill would increase the size and cost of government, and we recommend voting NO.