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.
Potential issues with HB4175/SB348
1. Timeframes are unrealistic related to performing this task on all sex offenders 90 days prior to their parole hearing. Many of these assessments could be wasted as many parolees get denied parole.
2. Sex offenders make up more than 20% (1,248 as of June 30, 2009) of the WVDOC inmate population. The sheer number of these reviews and re-reviews would be extremely cost and time intensive. The WVDOC estimates that between releases and parole hearing (and federal inmates and interstate compact transfers) we would conduct approximately one thousand of these assessments per year.
3. The WVDOC has no mechanism to track offenders discharged from our custody. Performing re-assessments on these individuals would be next to impossible from a logistics standpoint as well as being foreign to the WVDOC’s established mission.
4. The WVDOC does not have any mechanism to receive notice that inmates are being released from Federal Prisons to live in West Virginia.
5. The WVDOC does not have a mechanism to conduct these assessments on parolees/probationers transferring to WV for supervision within the timeframes specified in the proposed legislation.
6. The WVDOC does not employ clinician level therapists that would be able to perform these evaluations and would be forced to contract for these services. Estimated costs for these services are significant.
7. Asking the Secretary of MAPS to develop a risk assessment scale for sex offenders before July 1, 2010 is unrealistic. Validated and reliable risk assessment instruments are the product of years of research and development. Additionally, there are numerous risk assessment scales already in existence and they could potentially be adapted to work in WV (the WVDOC already administers many of these instruments).
8. There may be legal issues with the clause that prevents the offender from attending the community notification meeting held in relation to his release or assignment of risk level.
9. Heavy burden placed on Corrections to copy/share all relevant testing and data on an offender upon discharge or upon a decision to grant parole.
10. The WVDOC is charged with organizing the review process but it is unclear who would employ/pay the administrative law judge. Additionally, increased work load would result for the Attorney General to defend these cases and provide counsel to indigent offenders. At a minimum this would include salaries for one full time Assistant Attorney General, one full time Administrative Law Judge, and an unknown impact for paying appointed counsel at $65 an hour.
11. Corrections would bear the burden to notify local law enforcement, victims, witnesses, families, etc beyond the scope of what is currently required under victim notification laws prior to releasing a sex offender.
12. Numerous other technical issues related to the timing and logistics of information flow and release dates.
Taking all factors into account, we believe that the implementation and upkeep of the requirements of this bill would far outweigh the cost of any potential grant penalties that may result from non-compliance with SORNA. Because of the large scope of this bill and the potentially huge fiscal and operational impacts on Department of Military Affairs & Public Safety agencies we would offer as a recommendation that the committee delay passage of this bill and refer it to a smaller study committee or workgroup. It is impossible to predict the full impact of such legislation in the short amount of time we have had to study the proposed bill. In addition, a focused study group could develop more fiscally responsible or less operationally burdensome methods not previously considered.
Estimated Approximate Fiscal Impact:
Category Cost
Policy Development and Training Unknown
Case Managers (1 per major facility, 4 FTE x $40,000 Salary & benefits) $160,000
Contract Therapists (1 per major facility, 4 FTE x $60,000 salary & benefits) $240,000
Legal Support (1 AG, 1 ALJ, appointed counsel fees) $300,000
Support/Clerical Staff Time (2 FTE X $30,000 salary & benefits) $60,000
Documentation, technology, organizational Unknown
Total Estimated Yearly Impact $760,000
These estimates should be viewed as conservative working numbers.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2010
Increase/Decrease
(use"-") |
2011
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
Potential issues with HB4175/SB348
1. Timeframes are unrealistic related to performing this task on all sex offenders 90 days prior to their parole hearing. Many of these assessments could be wasted as many parolees get denied parole.
2. Sex offenders make up more than 20% (1,248 as of June 30, 2009) of the WVDOC inmate population. The sheer number of these reviews and re-reviews would be extremely cost and time intensive. The WVDOC estimates that between releases and parole hearing (and federal inmates and interstate compact transfers) we would conduct approximately one thousand of these assessments per year.
3. The WVDOC has no mechanism to track offenders discharged from our custody. Performing re-assessments on these individuals would be next to impossible from a logistics standpoint as well as being foreign to the WVDOC’s established mission.
4. The WVDOC does not have any mechanism to receive notice that inmates are being released from Federal Prisons to live in West Virginia.
5. The WVDOC does not have a mechanism to conduct these assessments on parolees/probationers transferring to WV for supervision within the timeframes specified in the proposed legislation.
6. The WVDOC does not employ clinician level therapists that would be able to perform these evaluations and would be forced to contract for these services. Estimated costs for these services are significant.
7. Asking the Secretary of MAPS to develop a risk assessment scale for sex offenders before July 1, 2010 is unrealistic. Validated and reliable risk assessment instruments are the product of years of research and development. Additionally, there are numerous risk assessment scales already in existence and they could potentially be adapted to work in WV (the WVDOC already administers many of these instruments).
8. There may be legal issues with the clause that prevents the offender from attending the community notification meeting held in relation to his release or assignment of risk level.
9. Heavy burden placed on Corrections to copy/share all relevant testing and data on an offender upon discharge or upon a decision to grant parole.
10. The WVDOC is charged with organizing the review process but it is unclear who would employ/pay the administrative law judge. Additionally, increased work load would result for the Attorney General to defend these cases and provide counsel to indigent offenders. At a minimum this would include salaries for one full time Assistant Attorney General, one full time Administrative Law Judge, and an unknown impact for paying appointed counsel at $65 an hour.
11. Corrections would bear the burden to notify local law enforcement, victims, witnesses, families, etc beyond the scope of what is currently required under victim notification laws prior to releasing a sex offender.
12. Numerous other technical issues related to the timing and logistics of information flow and release dates.
Taking all factors into account, we believe that the implementation and upkeep of the requirements of this bill would far outweigh the cost of any potential grant penalties that may result from non-compliance with SORNA. Because of the large scope of this bill and the potentially huge fiscal and operational impacts on Department of Military Affairs & Public Safety agencies we would offer as a recommendation that the committee delay passage of this bill and refer it to a smaller study committee or workgroup. It is impossible to predict the full impact of such legislation in the short amount of time we have had to study the proposed bill. In addition, a focused study group could develop more fiscally responsible or less operationally burdensome methods not previously considered.
Estimated Approximate Fiscal Impact:
Category Cost
Policy Development and Training Unknown
Case Managers (1 per major facility, 4 FTE x $40,000 Salary & benefits) $160,000
Contract Therapists (1 per major facility, 4 FTE x $60,000 salary & benefits) $240,000
Legal Support (1 AG, 1 ALJ, appointed counsel fees) $300,000
Support/Clerical Staff Time (2 FTE X $30,000 salary & benefits) $60,000
Documentation, technology, organizational Unknown
Total Estimated Yearly Impact $760,000
These estimates should be viewed as conservative working numbers.
Person submitting Fiscal Note: Loita C. Butcher
Email Address: Loita.C.Butcher@wv.gov