FISCAL NOTE
FUND(S):
0226
Sources of Revenue:
Other Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
In Circuits wherein Public Defender offices currently operate, Public Defenders absorb at least two-thirds of the work. This savings estimate assumes that seven new Public Defender offices will be opened. Cost savings are estimated by taking the current private attorney cost per case in each Circuit and comparing with the average Public Defender cost per case. Two thirds of the work is then assumed to shift to Public Defender offices and savings are predicated on the lower costs per case.
Some additional savings may be generated by the use of "conflicts" offices in a few Circuits. Where possible, use of permanent full-time Public Defenders may also save funds. These savings are not included since they are more speculative.
The original version of this bill had restrictions on private billings but those restrictions have been removed. Similarly, the administrative fee originally proposed is no longer included.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2005
Increase/Decrease
(use"-") |
2006
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
-1,214,381 |
| 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 |
-1,214,381 |
Explanation of above estimates (including long-range effect):
Public Defender Services does not currently have the authority to put Public Defender offices in the last few Circuits wherein they can be cost-effective. This bill creates an Indigent Defense Commission which would have the authority to authorize those offices.
Costs are expected to increase in all areas of representation. However, full-time salaried offices are more manageable and more predictable with respect to cost management. Start-up costs and the inevitable delays of appointment of the Commission and appointment of seven Public Defender Corporation Boards will prevent any cost savings in FY 2006.
Beginning in FY 2007, however, some savings will be realized. This estimate attempts to take into account unavoidable higher costs for expenses like rent, utilities, health insurance, pensions, higher costs of experts and associated litigation expenses. However, some upside surprises in those areas may change the outcome.
Memorandum
Person submitting Fiscal Note: Jack Rogers
Email Address: jrogers@wvpds.org