Date Requested: January 23, 2015
Time Requested: 12:54 PM
Agency: Corrections
CBD Number: Version: Bill Number: Resolution Number:
2297 Introduced HB2252
CBD Subject: Crime


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.


    This legislation proposes significant increases in the criminal penalties for burglary, which is currently a 1 - 10 or 1 - 15 year indeterminate sentence. It is also one of the most common crimes by which inmates are sentenced to the WVDOC (as of FY 2014 there were 868 inmates incarcerated for a similar crime as their most serious offense, 12.8% of the WVDOC population). The WVDOC has no way to predict how many offenders would be sentenced under the 4 different degrees proposed by this legislation. In addition, the proposed legislation changes the penalties to determinate sentences, which are typically parole eligible in ¼ of the total sentence rather than after one year as is the current case. At best case, burglary offenders would serve twice as long as what is currently the norm. The average annual cost per inmate in FY 2014 was $28,195. This does not include the possible need for new bed construction, which can be extremely expensive. Therefore, the WVDOC estimates that this proposed legislation would have a large fiscal impact on the State of West Virginia.



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


    This legislation proposes significant increases in the criminal penalties for burglary, which is currently a 1 - 10 or 1 - 15 year indeterminate sentence. It is also one of the most common crimes by which inmates are sentenced to the WVDOC (as of FY 2014 there were 868 inmates incarcerated for a similar crime as their most serious offense, 12.8% of the WVDOC population). The WVDOC has no way to predict how many offenders would be sentenced under the 4 different degrees proposed by this legislation. In addition, the proposed legislation changes the penalties to determinate sentences, which are typically parole eligible in ¼ of the total sentence rather than after one year as is the current case. At best case, burglary offenders would serve twice as long as what is currently the norm. The average annual cost per inmate in FY 2014 was $28,195. This does not include the possible need for new bed construction, which can be extremely expensive. Therefore, the WVDOC estimates that this proposed legislation would have a large fiscal impact on the State of West Virginia.



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