FISCAL NOTE



FUND(S):

0453

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.


Two additional personnel will be needed to manage the fee collection. Revenue estimates are based upon 3,000 sex offenders who registered during 2008.



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 74,644 74,644
Personal Services 0 49,800 49,800
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 27,844 27,844
2. Estimated Total Revenues 0 75,000 75,000


Explanation of above estimates (including long-range effect):


In order to implement this legislation, we estimate it will require two additional Office Assistant III positions to manage the receipt and collection efforts set forth.



Memorandum


Any time a sex offender changes any of their registration data, such as place of employment or residence, telephone number, driver's license, marital status, etc., it will require the offender to pay an additional $25.00. This will discourage registation updates, a felony offense. Last year alone, there were 6,000 updates, which will vary year to year. The cost of implementing this proposed legislation negates the additional revenue derived. How is a person who is financially unable to pay the $25 registration fee supposed to pay a $100 fine? There would appear to be a fatal flaw in the legislation's intent to jail those who don't or can't pay the required fee. Our Supreme Court has ruled in the past that failure to pay a fine is not a jailable offense. Moreover, if it is unconstitutional to jail those individuals, would it make sense to do so at a regional jail cost of $45 per pay for non-payment of a $25 fee?



    Person submitting Fiscal Note: Ron Twohig, Comptroller
    Email Address: rtwohig@wvsp.state.wv.us