FISCAL NOTE

Date Requested: January 10, 2024
Time Requested: 03:27 PM
Agency: Corrections & Rehabilitation, Division of
CBD Number: Version: Bill Number: Resolution Number:
2261 Introduced HB4021
CBD Subject:


FUND(S):

West Virginia DCR

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense, Decreases Existing Expenses



Fiscal Note Summary


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


The WVDCR is unable to predict how many additional inmates would be granted a modification to their sentence from the circuit judge. The Bill suggest that after (10) years the inmate be able to petition the court for a Modification. Currently within our DCR system there are 354 offenders have at least one sentence over 10 years. These inmates would be eligible to petition the court however some of these may become parole eligible as well during their sentence and be paroled before they reach a sentence modification eligibility as the Bill Suggests. Releasing inmates before their initial sentence expiration and or parole would actually be a reduction in the agency fiscal responsibility. Currently our fiscal staff report that it is an annual cost of $40,362 per year to house an inmate annually. It is too vague to give accurate estimates.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2024
Increase/Decrease
(use"-")
2025
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):


It is not possible to make estimates not knowing how many may have a sentence modification should they be granted by the courts.



Memorandum


As noted above there are factors that are not clear such as , who would supervise the inmate if they were granted the modification. The Bill suggests that they would go back before the court but it does not specify if they would be supervised by a State Parole Officer or a Supreme Court Probation Officer. That would effect the fiscal responsibility. Should an inmate not be granted the first time and be eligible in 5 years, again makes it impossible to gain an accurate amount. There could be added personnel expense depending on whose responsibility it would be to supervise said inmate. Releasing inmates prior to their initial sentence expiration and or parole could however, actually reduce the fiscal cost to the WV DCR if that inmate was supervised by the court who granted sentence modification.



    Person submitting Fiscal Note: Patrick Mirandy
    Email Address: patrick.a.mirandy@wv.gov