FISCAL NOTE
FUND(S):
Community Corrections Fund 62-11C-4 WV Code
Sources of Revenue:
Special Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This bill establishes a mandatory $2.50 per day fee to be collected from each person placed on home electronic confinement. Previously, the fee was to not exceed $5 per day, based on ability to pay. Analyzing the collections made under this previous status, it is clear that almost no localities were collecting this fee, while they were collecting the parallel fee that went to support local programs (62-11B-5). By inserting the specific amount to be collected the legislature is trying to clarify that it intends that persons on home electronic confinement should be paying into the state community corrections fund as well as the local home incarceration fund.
We anticipate no additional costs to the state by implementing this law.
Though no statistics are kept on the number of persons on home incarceration daily in the state, we estimate that approximately 1200 persons are involved daily. At $2.50 per day per offender, that's $1.1 Million per year. Assuming that judges waive one half of that population based on ability to pay, we believe it to be a conservative estimate that the bill will produce $547,500 in revenue to support community corrections upon full implementation.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2007
Increase/Decrease
(use"-") |
2008
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
250,000 |
547,500 |
Explanation of above estimates (including long-range effect):
We anticipate no additional costs to the state by implementing this law.
Though no statistics are kept on the number of persons on home incarceration daily in the state, we estimate that approximately 1200 persons are involved daily. At $2.50 per day per offender, that's $1.1 Million per year. Assuming that judges waive one half of that population based on ability to pay, we believe it to be a conservative estimate that the bill will produce $547,500 in revenue to support community corrections upon full implementation. We are also assuming that judges and magistrates will impose the fee after notification and training by the Supreme Court of Appeals. We are also assuming that the Supreme Court's new Uniform Judicial Application (software) that it is installing in the magistrate courts will assist in clarifying the need to collect this fee on a routine basis.
Memorandum
This bill appears to be clear an free of technical defects.
The money ultimately goes to support community corrections under fund #6386 -- Community Corrections Fund.
Person submitting Fiscal Note: J. Norbert Federspiel, Director, Criminal Justice
Email Address: nfederspiel@wvdcjs.org