Date Requested:February 26, 2009
Time Requested:04:56 PM
Agency: Corrections
CBD Number: Version: Bill Number: Resolution Number:
2009R2011 Introduced HB2879
CBD Subject: INCREASING MINIMUM PENALTY FOR CHILD ABUSE
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.

    The proposed legislation would increase the penalty for this crime from 2 to 10 years to 5 to 10 years. This would require that an offender stay at least three years longer for this offense with an additional cost of $69,792 (the average yearly cost of an inmate in FY 2008 was $23,264).
    In 2007, three offenders were sentenced to WVDOC custody for Child Abuse Resulting in Serious Injury. If commitments for this offense continue at that rate we can expect an additional yearly cost of $209,376 starting three years after implementation (the current law calls for a two year minimum so no impact would be realized until the third year out).
    Technical Issues:
     The Good Time statute in WV allows offenders to receive “day-for-day” good time. For each day the offender stays in the WV system with good behavior they get one day off the end of their sentence. Consequently, a 5 to 10 year sentence as proposed in the legislation would allow an offender to discharge their sentence on the same day they were parole eligible. For indeterminate sentences to work in the traditional manner, the maximum range must be MORE than twice the minimum to allow for a period of parole before a sentence expires completely.
    

Fiscal Note Detail
Over-all effect
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
3. Explanation of above estimates (including long-range effect):
    


Memorandum
Person submitting Fiscal Note:
Loita Butcher
Email Address:
butchl@mail.wvnet.edu