FISCAL NOTE



FUND(S):



Sources of Revenue:

Other Fund Countys responsible

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


This measure will have no impact on State Revenues and will be a cost savings measure to the counties.



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):


N/A



Memorandum


Prosecutors are obligated to pursue Juvenile Delinquency cases and Abuse & Neglect proceedings just as they do criminal cases and are sometimes disqualified from doing so in the same manner as they are in criminal cases. This bill would enable the Institute to assign special prosecutors in these cases in the same manner as WV Code 7-4-6(e) provides for criminal cases. Under WV Code 7-4-6(e) counties reimburse special prosecutors on an EXPENSES ONLY basis and this saves the counties money because if special prosecutors are appointed from the local legal community under WV Code 7-7-8 then the counties would be obligated to pay HOURLY RATES IN ADDITION TO EXPENSES. There is no way to realistically estimate how much will be saved because we don't know how many disqualifications (requests for special prosecutors) we'll receive in future years, how long each case will last or what each case will cost the special prosecutor. We do know that it will save money over expenses + hourly rates though. We have received an average of seven disqualifications (requests for special prosecutors) per year for these type cases in calendar years 2006, 2007 & 2008. In 2009, a post election year with 21 newly elected prosecutors statewide, I expect these numbers to spike upward (we've received 19 so far) but then spiral downward over the next several years.



    Person submitting Fiscal Note: Philip Morrison, Executive Director WVPAI
    Email Address: Philip.W.Morrison@wv.gov