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.
The WVDOC is unable to predict how many offenders would be convicted under the new provision related to the “pretense of a deadly weapon.” However, the average cost per year per offender in FY 2010 was $24,266. The State of West Virginia could expect this additional cost per year per offender convicted and sentenced under this proposed language. The minimum such an offender could spend in prison is 2.5 years (one-fourth of ten years) but the statute as written does not have an upper limit. Therefore, inmate’s convicted could potentially be sentenced to very long terms of incarceration of 25 or 50 years or more. If only one additional offender is convicted and sentenced to such a term, 50 years for example, the State could expect to pay at a minimum $303,325 (based on current costs) and potentially $606,650 if the offender doesn’t make parole and is discharged after 25 years with good time. Finally, long sentences such as these have an additional effect of occupying a prison bed for extended periods of time and contribute greatly to long-term overcrowding.
Fiscal Note Detail
| 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 |
Explanation of above estimates (including long-range effect):
Memorandum
The WVDOC is unable to predict how many offenders would be convicted under the new provision related to the “pretense of a deadly weapon.” However, the average cost per year per offender in FY 2010 was $24,266. The State of West Virginia could expect this additional cost per year per offender convicted and sentenced under this proposed language. The minimum such an offender could spend in prison is 2.5 years (one-fourth of ten years) but the statute as written does not have an upper limit. Therefore, inmate’s convicted could potentially be sentenced to very long terms of incarceration of 25 or 50 years or more. If only one additional offender is convicted and sentenced to such a term, 50 years for example, the State could expect to pay at a minimum $303,325 (based on current costs) and potentially $606,650 if the offender doesn’t make parole and is discharged after 25 years with good time. Finally, long sentences such as these have an additional effect of occupying a prison bed for extended periods of time and contribute greatly to long-term overcrowding.
Person submitting Fiscal Note: Loita Butcher
Email Address: loita.c.butcher@wv.gov