FISCAL NOTE



FUND(S):

0525 - Consolidated Medical Services Fund

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 purpose of this bill is to create end-of-confinement review committees that would convene at least 90 days prior to the release of a sex offender to determine the risk that a particular sex offender will reoffend. The committees should include a licensed sex offender treatment provider, a law-enforcement official, and a caseworker who handles sex offenders. They take into consideration a wide range of factors, including the circumstances of the sex offense which produced the conviction. The panel decides the level at which an offender will be subject to community notification. The extent of the information disclosed and the community to whom disclosure is made must relate to the level of danger posed by the offender, to the offender's pattern of offending behavior, and to the need of community members for information to enhance their individual and collective safety. Low-risk offenders' information is given to law-enforcement officials in the jurisdiction where the offender will reside, as well as to the victims of and any witnesses to the individual's offense. Moderate to high level risk offenders' information may also be given, as appropriate, to area schools, daycares, and healthcare centers, and the police may hold a community meeting to explain the risks a particular sex offender poses for the community. A convicted sex offender may appeal their registration status every two years to a panel of experts that includes law enforcement and treatment providers. The panel has the authority to reassess the convicted sex offender's level of dangerousness and adjust his or her risk level accordingly. These committees shall be established and administered by the Commissioner of the Division of Corrections, the Executive Director of the Regional Jail and Correctional Facility Authority and the Secretary of the Department of Health and Human Resourses at the following locations: (a) state correctional facilities, (b) regional jail facilities, and (c) state treatment facilities where sex offenders are confined. Members of the committee are to come from facility staff including a "treatment professional who is trained in the assessment of sex offenders." This bill would necessitate the hiring of a contract Psychologist to fulfill this role. Currently, there are 28 forensic sexual offenders under the authority of the Secretary of the DHHR with varying jurisdictions. The current patient load could be expected to yield approximately 240 hours of work annually for this position. This number could be expected to change based on patients, type of offense and length of jurisdiction met by the court system. The estimated cost to the Department's Bureau for Behavioral Health and Health Facilities of implementing this legislation is $24,000 annually (240 hours * $100/hour).



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 24,000 24,000
Personal Services 0 0 0
Current Expenses 0 24,000 24,000
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):


The total estimated annual cost of $24,000 is based upon an estimated 240 hours of service at a rate of $100/hour for a licensed Psychologist trained in the assessment of sex offenders.



Memorandum






    Person submitting Fiscal Note: Patsy A. Hardy
    Email Address: dhhrbudgetoffice@wv.gov