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.


    Although the WVDOC cannot predict how many additional offenders would be sentenced to our custody under the proposed code, for each additional offender the State could expect a minimum cost of $24,266 (the average cost per inmate in FY2010). Offenders sentenced to 1-3 year terms for DUI typically either make parole after one year or discharge their sentence in 1.5 years with good time so costs would typically range from $24,266 to $36,399 per offender.
    There appears to be a technical issue with the provision that would sentence offenders charged with subsequent violations of this statute with a term of 3-5 years. In WV’s indeterminate sentencing scheme an offender is eligible for parole after the minimum range of years, In this case 3 years, and would discharge their sentence entirely after the maximum range of years. However, WV’s good time statute allows for “day-for-day” good time and as a result such offenders would in many cases discharge their sentence at 2.5 years before they would become parole eligible at 3 years.
    



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


    Although the WVDOC cannot predict how many additional offenders would be sentenced to our custody under the proposed code, for each additional offender the State could expect a minimum cost of $24,266 (the average cost per inmate in FY2010). Offenders sentenced to 1-3 year terms for DUI typically either make parole after one year or discharge their sentence in 1.5 years with good time so costs would typically range from $24,266 to $36,399 per offender.
    There appears to be a technical issue with the provision that would sentence offenders charged with subsequent violations of this statute with a term of 3-5 years. In WV’s indeterminate sentencing scheme an offender is eligible for parole after the minimum range of years, In this case 3 years, and would discharge their sentence entirely after the maximum range of years. However, WV’s good time statute allows for “day-for-day” good time and as a result such offenders would in many cases discharge their sentence at 2.5 years before they would become parole eligible at 3 years.
    



    Person submitting Fiscal Note: Loita Butcher
    Email Address: loita.c.butcher@wv.gov