FISCAL NOTE
FUND(S):
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.
In calendar year 2008, the WVDOC had 261 inmates committed to our custody that were convicted of the crime “Manufacturing/Delivery/Possession with Intent Schedule 1, 2 or 3 Drug.” As most court orders do not specify which specific drug was involved, we can not estimate how many of the commitments were related to methamphetamine (meth) or the precursors to meth. However, during the same year there were 57 inmates committed to our custody for “Operating a Clandestine Drug Lab.”
It is likely that inmates committed for operating a drug lab could also be guilty of and charged with the offense offered in the proposed legislation. Therefore, if commitments for operating a drug lab remain at the 2008 level, 57 new inmates each year may have an addition 2-10 year sentence for possession of precursors.
If used as an additional consecutive charge this could cause those 57 inmates to spend two additional years in our custody at a cost of $2,652,096 ($23,264 cost per inmate per year x 2 years x 57 commitments) per year starting two years after this legislation took effect. This is in addition to any of the other inmates previously sentenced under the 1-5 year “Schedule 1, 2, 3” charge that would in effect have a sentence twice as severe as before.
The WVDOC does not have adequate information about the specific drugs involved in these convictions to do a more specific estimate. However, with the growth in meth abuse and crimes like “Operating a Clandestine Drug Lab” being added to the books, any new offenses added that could “stack” with existing penalties have the potential for a significant financial impact both in operating costs and additional bed space.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2009
Increase/Decrease
(use"-") |
2010
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 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Memorandum
Person submitting Fiscal Note: Loita Butcher
Email Address: butchl@mail.wvnet.edu