FISCAL NOTE



FUND(S):



Sources of Revenue:

Other Fund Special Revenue

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


The Regional Jail and Correctional Facility Authority would have significant additional costs and liabilities to implement the law. Because there is no historical data concerning the costs, the calculation of those costs would only be an estimate and extremely difficult to calculate; however, there would be substantial costs incurred by the Authority to implement the law. The types of costs that could be identified would be as follows: Cost of the five persons on the standing committees in each of the ten Regional Jail Facilities. Each committee is required to have the jail administrator, a state police member, a treatment professional who is trained in the assessment of sex offenders, a caseworker experienced in supervising sex offenders and a victim's services professional. Training would be required for the committee to comply with the classification requirement of the law. There would be additional clerical work required in each facility due to the requirements of the standing committee as well as clerical costs associated with victim notification and tracking. In addition to this there would be a high risk of litigation and liability for the Authority. Due to classifying the risk associated with the release of an offender, litigation could be anticipated from both the offender and potential victims of the offender, plus increased litigation costs in appeals processes and potential liability.



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 0 293,780 290,840
Personal Services 0 270,800 270,800
Current Expenses 0 20,040 20,040
Repairs and Alterations 0 0 0
Assets 0 2,940 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


There would not be any expense in FY 2010 because the criteria would be set on 7/1/10. The estimate of personal services is based on the standing committees meeting for 3 hours/month in each of the ten facilities. The total estimate per hour is $320/hour for the five members. $320x3 hours =960x10 faclilities=$9600/month or $115,200/year Training would cost about $200/personX5 persons=1,000/facility or $10,000 total Personal services for training would Cost $145/hour for five persons per facility $145X8 hours=$1,160/facility X 10=$11,600 total Clerical assistance to prepare documents for the committees and to file notices for the offenders as per the law would come to approximately 48 Hours/Month@25/hour=$1,200/monthx10 facilities=$12,000/month or $144,000/year Clerical supplies would amount to about $100 per facility or $1,000 Total Travel Expenses $40/mo.X10 facilities=$400/mo.x12 months+$4,800/year Assets Digital Pocket memo and accessories (Transcription Equipment) $294x10 facilities= 2940 Total Litigation 4 hearings/year @1,060/hearing=$4,240 Total Recap of Costs Personal Expenses Meetings $115,200 Training 11,600 Clerical 144,000 Total 270,800 Current Expenses Travel Expenses $4,800 Office supplies 1,000 Training costs 10,000 Litigation Costs 4,240 Total $20,040 Transcription Equipment $2,940



Memorandum


The cost of duplicating ten committees throughout the Regional Jail System, when combined with the likelihood of inconsistent results, and high costs suggests that a single committee to review and classify all offenders is a much more efficient alternative. Different committees would evaluate cases differently, creating inconsistency in the evaluations. Presently, no one is qualified in the Regional Jail Authority to make these assessments. Considering the issues of inconsistency, efficiency and the need for specialized training it would be more feasible to establish one state-wide committee within the Department of Military Affairs and Public Safety to conduct these proceedings and to classify offenders in all cases. The inmates that would be affected by this bill are mainly inmates that have been sentenced as felons and therefore would be the responsibility of the Department of Corrections. The liability would have to be assumed by the Regional Jail Authority and therefore would increase costs to every entity that uses the Regional Jail System.



    Person submitting Fiscal Note: Mark R. Landin
    Email Address: mlandin@wvrja.state.wv.us