FISCAL NOTE
Date Requested: January 22, 2024
Time Requested: 01:45 PM |
| Agency: |
Corrections & Rehabilitation, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1481 |
Introduced |
SB473 |
|
|---|
| CBD Subject: |
Crime |
|---|
|
FUND(S):
General Revenue
Sources of Revenue:
General Fund
Legislation creates:
Creates New Expense
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Literature is available which shows that it costs states up to twice as much to house an offender on death row versus typical average annual costs ($40,362 per year is the cost per prison offender in FY2023). The WV Division of Corrections & Rehabilitation would also require an execution chamber to be constructed and equipped and would need to possibly factor in the construction of a new building/location and depending on the number of inmates, hiring new staff, currently at a minimum of approximately $62,000 per officer including salary/benefits. The WVDCR has no institutional experience or knowledge of the death penalty or the operation of a housing unit for those offenders, so there would be consulting and training costs involved. The cost of lethal injection drugs has increased in recent years, with some states having trouble acquiring the drugs at all. Additionally, although not costs that would be imposed upon the DCR, the state could expect significant costs to train and equip the legal community to handle death penalty cases and appeals. Legal costs to the state would be court appointed attorneys. Many times and for most jurisdictions two attorneys are appointed for a capital murder trial. Furthermore, as it is unknown how often this sentence would be imposed, it is difficult to predict the fiscal impact of this legislation, however as described the cost would be significant both to the DCR and the State. Finally, the cost to the state to change the sentence for first degree murder, to only allow Life without Mercy would also be significant starting 16 years from the implementation of the law ($1,049,412 in year 16, and $10,494,120 in year 25).
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):
* An average of 26 inmates were released per year over the last 3 years whose most serious crime was First Deg. Murder, and who had a sentence of Life with Mercy. If this bill were to pass, beginning year 16, additional costs would begin to stack to hold those offenders in prison. An estimate of $40,362 per offender was used in this calculation due to it being the most recent cost per year to house an offender in prison.
Calendar Year Estimated # Released Each Year Cost to hold these additional inmates per year using FY23 Ave. Cost per year of $40,362 per offender
Year 1-15 CY24-38 0 $0
Year 16 CY39 26 $1,049,412
Year 17 CY40 52 $2,098,824
Year 18 CY41 78 $3,148,236
Year 19 CY42 104 $4,197,648
Year 20 CY43 130 $5,247,060
Year 21 CY44 156 $6,296,472
Year 22 CY45 182 $7,345,884
Year 23 CY46 208 $8,395,296
Year 24 CY47 234 $9,444,708
Year 25 CY48 260 $10,494,120
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
Person submitting Fiscal Note: Rebecca Hildebrand
Email Address: Rebecca.L.Hildebrand@wv.gov