Date Requested:January 12, 2011
Time Requested:04:45 PM
Agency: Corrections
CBD Number: Version: Bill Number: Resolution Number:
2011R1082 Introduced HB2362
CBD Subject: FINANCIAL EXPLOITATION OF ELDERLY
FUND(S)
Sources of Revenue
General Fund
Legislation creates:
A New Fund

Fiscal Note Summary

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

    As of June 30, 2010, the WVDOC had 2 individuals incarcerated for Misappropriation of Elderly Persons Funds as their most serious crime. The proposed legislation would increase the indeterminate sentence for this crime from 2-10 years to 5-15 years. This would result in AT LEAST an additional 3 years imprisoned assuming these offenders received parole when they first became eligible. In FY 2010 the average yearly cost per offender was $24,266. Therefore an extra three years stay for these two offenders would result in an additional cost to the state of $145,596 over a three year period (2 offenders x $24,266 x 3 additional years).
    
    The increase included in 61-2-29(e) has a technical issue in that an offender is parole eligible after 10 years with a max sentence of 20 years. This would result, because of West Virginia’s Day-For-Day good time credit laws, in the offender discharging their sentence entirely on the same day they become parole eligible. The WVDOC, as of June 30, 2010, had no offenders with this offense as their most serious crime.

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2011
Increase/Decrease
(use"-")
2012
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:
loita.c.butcher@wv.gov
    As of June 30, 2010, the WVDOC had 2 individuals incarcerated for Misappropriation of Elderly Persons Funds as their most serious crime. The proposed legislation would increase the indeterminate sentence for this crime from 2-10 years to 5-15 years. This would result in AT LEAST an additional 3 years imprisoned assuming these offenders received parole when they first became eligible. In FY 2010 the average yearly cost per offender was $24,266. Therefore an extra three years stay for these two offenders would result in an additional cost to the state of $145,596 over a three year period (2 offenders x $24,266 x 3 additional years).
    
    The increase included in 61-2-29(e) has a technical issue in that an offender is parole eligible after 10 years with a max sentence of 20 years. This would result, because of West Virginia’s Day-For-Day good time credit laws, in the offender discharging their sentence entirely on the same day they become parole eligible. The WVDOC, as of June 30, 2010, had no offenders with this offense as their most serious crime.