Date Requested:January 29, 2008
Time Requested:11:27 AM
Agency: Public Defender Services
CBD Number: Version: Bill Number: Resolution Number:
2008R1483 Introduced HB4022
CBD Subject: Creating Indigent Defense Commission
FUND(S)
0226
Sources of Revenue
General Fund
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The purpose of this bill is to create a state board (Indigent Defense Commission) which would have, among other powers and duties, the authority to authorize activation of Public Defender Corporations previously established by WV Code 29-21-8. Current activation is dependent upon the initiation of local judges or members of the local Bar.
    
    In order to achieve savings, the Indigent Defense Commission must be appointed, consider where Public Defender offices would be most efficient and then local Public Defender Corporation boards must be appointed and meet. A further delay in realizing savings is the current substantial backlog of payments due to private providers (old bills will be paid while new cases are being taken). Savings will not be fully realized until FY 2011.
    
    If certain offices were specifically mandated by Code, circumventing the Indigent Defense Commission, savings might be realized as early as FY 2010.

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2008
Increase/Decrease
(use"-")
2009
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 4,000,000 3,500,000 -1,500,000
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 0 0
3. Explanation of above estimates (including long-range effect):
    During the startup period, some increase in costs is expected due to the concurrent payment of old bills and the working of current cases.
    
    In addition, the bill contains a provision which would reduce the time for submission of bills from the current four years (following the last date of service) to ninety days. This provision will increase costs temporarily but substantially, perhaps by as much as $4,000,000 in FY 2008 based on the "aging" reports done on private billings. These bills will carry over into FY 2009 if not satisfied in FY 2008.
    
    Even absent the effect of shorter billing times in FY 2008 and 2009 private counsel billings, no savings should be expected until FY 2011 in light of the current $9 million deficit in private billings.
    
    Finally, these savings should be viewed as avoidance of costs, not an absolute drop in funds required for operation.


Memorandum
Person submitting Fiscal Note:
Jack Rogers, Executive Director
Email Address:
Jack.A.Rogers@wv.gov