Date Requested:January 19, 2012
Time Requested:03:27 PM
Agency: Corrections
CBD Number: Version: Bill Number: Resolution Number:
2012R1465 Corrections Forecast HB4123
CBD Subject: PUBLIC SAFETY & OFFENDER ACCOUNTABILITY ACT
FUND(S)
Sources of Revenue
General Fund
Legislation creates:
A New Program,A New Fund

Fiscal Note Summary

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

    WVDOC Fiscal Impact (plus misc notes) of Prisoner Accountability Act
    
    Sections are labeled “No Significant Impact” if they would not have a direct and quantifiable fiscal impact on the WVDOC. These items, in most cases, would have significant fiscal impacts for other state agencies.
    
    • ESTIMATED TOTAL COST:
    o Implementation Costs: $40 to $50 Million
    o Ongoing Annual Costs: $13.3 to $15 Million Annually
    
    • ESTIMATED IMPACT ON PRISON POPULATION: Minimal
    
    • 4-1-24 = Corrections Impact Statement – No Significant Impact
    • 15-9-5= Measuring Savings at PSOAA – No Significant Impact
    • 15-9-6= Measuring Savings – Parole – No Significant Impact
    • 25-1-1a= Changing Mission to include Recidivism Reduction – No Significant Impact
    • 25-1-15= Classification to Include Risk Assessments – In order to implement this for DOC inmates housed in the Regional Jails the WVDOC would need:
    o Permanent Staff at the Regional Jails: $514, 047 Annually for 11 additional staff (10 Correctional Counselor II’s and 1 Office Assistant II)
    o Psychological Evaluations in the Regional Jails: $700,000 Annually (Includes costs for 3,000 psychological evaluations and other required testing)
    •
    • 25-1-23= Intensive secured substance abuse recovery program – 200 bed unit – 200 beds x 100,000 per bed = $20,000,000 for construction. Ongoing operational costs for these 200 inmates would be approximately $5 million annually.
    • 25-1-24= EBP – funding restrictions – Additional staff and resources needed to conduct periodic programming audits and outcome evaluations, preliminary estimates of 6 primary staff and 3 support staff. Impact would be approximately, $350,000 salary and benefits per year.
    • 25-1-25= Annual Report – 1 additional staff needed, approximately $50,000 salary and benefits per year
    • 28-5-27= Deduction for good conduct – most inmates that could take advantage get paroled before they are close to their discharge dates even if granted extra good time. In addition, could in certain circumstances result in inmates discharging their sentence before they are parole eligible.
    
    • 31-20-33= RJA Annual Report – No Impact
    • 51-1-22= Courts Annual Report – No Impact
    • 51-1-23= Online Sentencing Database – No Significant Impact
    • 51-1-24= HOPE – No Significant Impact
    • 60A-1-101= UCSA Definitions – No Impact
    • 60A-1-102= Legislative findings – No Impact
    • 60A-4-401= Prohibited Acts – Drugs – This proposal would change the amount of substances in an offender's possession that would lead to automatic felony charges. At this time the WVDOC does not have data that would allow us to estimate the number of potential inmates that would be diverted as a result of this change. However the impact should be a positive one, although potentially not a significant one as many drug offenders are convicted of multiple counts and or secondary charges.
    • 60A-4-407=Deferred Prosecution – No Impact
    • 60A-4-414=Presumptive Probation – No Impact
    • 60A-4-415= Treatment for first time offenders – No impact
    • 62-1-5a= Citation in lieu of Arrest – No Impact
    • 62-1C-3= Bail – No Impact
    • 62-11C-3a= EBP in Community Corrections – No Impact
    • 62-12-1a= Probation and Parole Definitions – No Impact
    • 62-12-5a= EBP Probation & Parole – No Impact
    • 62-12-13= Powers of Parole Board – See inmate 60-days early – This would allow some wiggle room in trying to prepare inmates for their parole dates and potentially allow some document processing to happen post hearing. This change should not have a significant fiscal impact in the long term nor lead to significant reductions in the prison population. In order to implement, staff dedicated to developing, investigating, and processing Home & Employment plans would be necessary. This would include 10 institutional parole officers for the Regional Jails, 14 Corrections Program Specialists and 14 Office Assistants assigned to the parole offices. Fiscal Impact would be approximately $1.2 million per year, which does not include space and logistics costs for the Regional Jails.
    • 62-12-18= Mandatory Reentry Supervision
    o 788 discharges in FY2011 / 2=394 / 60 = 6.5 = 7 officers
    o 60 parolees per officer
    o Fiscal Impact. = $300,000 per year
    • 62-12-29= EBP - Parole – No Significant Impact
    • 62-12-30= EBP – Training –
    o 3 days x 60 officers once per year = 12k
    • 62-12-31= Annual Report on EBP – No Significant Impact
    • 62-12-32= WVDOC & Supreme Court – Risk & Needs – In order to address graduated sanctions processes and other items included in this bill the WVDOC would need one additional attorney and support staff. Fiscal impact would be approximately $150,000 per year.
    • 62-12-33= Compliance Credits for Parolees – Records staff to administer good time credits for parolees would cost approximately $35,000 per year.
    • 62-12-34= Graduated Sanctions for Probation Violations – No Impact
    • 62-12-35= Early termination of Probation – No Impact
    • 62-12-36= Administrative Caseload – No Significant Impact or Unknown Positive Impact
    • 62-12-37= Sanctions for Supervision – No Significant Impact
    • 62-12-38= Graduated Sanction Parole – No Significant Impact
    • 62-12-39= Modification of conditions – This language would establish a system of appeal and due process to our graduated sanctions procedures. Additional staff resources would be necessary and added complications would reduce the effectiveness of the system. Inconsistent with authorization of HOPE probation pilot programs in this bill.
    
    • 62-12-40= Judicial determination – No Impact
    • 62-12-41= Quarterly Review of Sanctions – No Significant Impact
    • 62-13-1= Sentencing Policy – No Significant Impact
    • 62-16-1 &2= Intermediate Punishment – No Impact
    • 62-16-3= Definitions
    • 62-16-4= Referral to program - Diagnostic referral program for Drug Treatment Center - Significant cost
    
    • 62-16-5= Drug Offender Treatment Program – Unknown but significant costs (200 bed facility would be in excess of $20,000,000). Ongoing operational costs for these 200 inmates would be approximately $5 million annually.
    • 62-16-6= Legislative Rules – No Significant Impact
    • 62-16-7= Final Reports – No Significant Impact
    • 62-16-8= Revocation of intermediate punishment – No Significant Impact
    • 62-16-9= Construction of Article – No Impact
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
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