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 Division of Corrections has no way to predict how many additional offenders would be sentenced to our custody as a result of the change of the misdemeanor offense under 61-2-29b to a felony offense of 1-5 years. However, for each additional inmate sentenced to our custody as a result of this change the State of West Virginia can expect an additional cost of $25,444 per year (FY 2007 Average Per Inmate Cost) per inmate per year (up to $127,220 for an inmate that stays the entire 5 years). The same would be true for the new sections that add penalties for murder, death by neglect, and sexual abuse of incapacitated persons, however; these acts are already illegal and punishable by felony sentences under exsisting murder, neglect, and sexual assault statutes. Until data is available on how often the judicial system would use these sections instead of exsisting sections (or perhaps in addition too), we are unable to provide an estimate of the total possible additional cost. Cost figures quoted here do not include the potential construction costs that may be incurred as the result of a steadily increasing inmate population. Currently, the backlog of inmates housed in Regional Jails is over 1,100 and is projected to increase to 2,200 by the end of 2012 absent significant construction or sentencing practice changes.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2008
Increase/Decrease
(use"-")
2009
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






    Person submitting Fiscal Note: Loita Butcher, Executive Assistant
    Email Address: butchl@mail.wvnet.edu