FISCAL NOTE
Date Requested: February 16, 2017
Time Requested: 03:37 PM |
| Agency: |
Public Defender Services |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1176 |
Introduced |
HB2411 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
0226
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 legislation would increase by thirty dollars ($30) the hourly rates of compensation for: (i) “attorney’s work performed out of court”; (ii) “attorney’s work performed in court”; and (iii) “investigative services.” Also, private counsel who bill more than 1200 hours a year would secure coverage under insurance plans maintained by the Public Employees Insurance Agency.
The anticipated increase in spending from general revenue would be, annually, $15,516,048.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2017
Increase/Decrease
(use"-") |
2018
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
15,516,048 |
15,516,048 |
0 |
| Personal Services |
15,516,048 |
15,516,048 |
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):
The hours of reported service by court-appointed counsel in Fiscal Year 2016, including work “performed out of court” and work “performed in court,” were 483,595. Public Defender Services, Annual Report, Fiscal Year 2016 (“AR”), pp. 72 & 238. A thirty dollar ($30) increase in the hourly rates would mean additional compensation in the amount of $14,507,850.
The rate of compensation for investigative services is doubled from thirty dollars ($30) an hour to sixty dollars ($60) an hour. In Fiscal Year 2016, the total amount paid for the expenses related to investigative services was $505,099. AR, p. 71. By doubling the hourly rate, therefore, the anticipated increase in spending from general revenue would be $505,099.
The total amount of additional revenue that would be annually expended if the provisions of the proposed legislation were enacted is, therefore, $15,516,048.
Memorandum
The legislation also increases the maximum amount for an attorney to be compensated in a non-capital case from $3,000 to $6,000. However, the maximum amount is readily exceeded upon a finding of good cause by the appointing court, which, in the agency’s experience, is routinely done. Accordingly, the increase has no impact upon the additional amount to be expended if the legislation were to be enacted.
The legislation also qualifies private attorneys who reach a certain billing threshold to enroll for coverage under plans maintained by the Public Employees Insurance Agency (“PEIA”). In discussions with PEIA, the conclusion was that the attorneys would have to pay 100% of the premiums for the coverage. Accordingly, the provision would not increase the amount expended by Public Defender Services for services rendered by these attorneys.
Person submitting Fiscal Note: Dana F. Eddy
Email Address: Dana.F.Eddy@wv.gov