Date Requested: January 23, 2015
Time Requested: 10:38 AM
Agency: Corrections
CBD Number: Version: Bill Number: Resolution Number:
1651 Introduced HB2191
CBD Subject: Corrections


FUND(S):



Sources of Revenue:

General Fund

Legislation creates:

A New Program,A New Fund



Fiscal Note Summary


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


    The WV Division of Corrections estimates we could review plans, develop rules, do inspections, receive data, and prepare reports for $50,000 to $60,000 annually (one staff person). However, the legal liability implications of this legislation would need to be closely examined. Also there are a number of possible issues with the proposal:
    1) The bill appears to allow for sentencing of both Misdemeanants and Felons to this program. As such, it would be a mixed jail/prison
    2) We don’t have authority over counties, and cannot direct their actions.
    3) We don’t have authority over any misdemeanants, and only over felons sentenced to our custody
    4) The application process is vague
    5) Section 4 requires a reduction of 20% this does not take into account good time as currently required by law.
    6) DOC cannot develop rules of conduct for people not in our custody, and we cannot enforce them
    7) If offender is removed from program, it calls for an additional year added to sentence, this is against due process, and invokes possible double jeopardy implications, and is in violation of our sentence structure.
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2015
Increase/Decrease
(use"-")
2016
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


    The WV Division of Corrections estimates we could review plans, develop rules, do inspections, receive data, and prepare reports for $50,000 to $60,000 annually (one staff person). However, the legal liability implications of this legislation would need to be closely examined. Also there are a number of possible issues with the proposal:
    1) The bill appears to allow for sentencing of both Misdemeanants and Felons to this program. As such, it would be a mixed jail/prison
    2) We don’t have authority over counties, and cannot direct their actions.
    3) We don’t have authority over any misdemeanants, and only over felons sentenced to our custody
    4) The application process is vague
    5) Section 4 requires a reduction of 20% this does not take into account good time as currently required by law.
    6) DOC cannot develop rules of conduct for people not in our custody, and we cannot enforce them
    7) If offender is removed from the program, it calls for an additional year added to sentence, this is against due process, and invokes possible double jeopardy implications, and is in violation of our sentence structure.
    



    Person submitting Fiscal Note: Loita Butcher
    Email Address: Loita.c.butcher@wv.gov