FISCAL NOTE

Date Requested: February 11, 2020
Time Requested: 12:20 PM
Agency: Corrections & Rehabilitation, Division of
CBD Number: Version: Bill Number: Resolution Number:
3020 Introduced HB4852
CBD Subject: Crime


FUND(S):

General Revenue

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense



Fiscal Note Summary


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


    As of the end of FY2019, the WVDCR had 385 inmates incarcerated for Manufacture/Delivery/Or Possession with Intent - Scheduled 1, 2, or 3 Controlled Substance as their most serious crime. However, we do not know how many of these inmates were convicted based on Methamphetamine.
    
    The proposed legislation would effectively double the penalties for these inmates, from 1 to 5 to 2 to 10. Therefore these inmates would spend a minimum of one additional year in custody before parole eligibility. If we assume that 25% of the 385 inmates currently incarcerated had to spend at lease one additional year in custody, we can estimate costs to the state of $1,883,400 per year(25% of 385 = 96 inmates x $53.75 per day for one year). The proposed change would not impact current inmates so this cost would not be seen until at least one year after implementation and would depend on how many inmates were actually convicted and sentenced with this new penalty.
    
    
     The WV State Budget Office calculated the cost of housing a state sentenced felon in a regional jail at $53.75 per day for fiscal years 2017-2019. The WVDCR uses this calculation to make payments to the regional jail special revenue fund for state sentenced prisoners. Because of the backlog of state sentenced prisoners in jails, most increases or decreases to the prison population are reflected in that backlog. Therefore, using the per Diem cost from the State Budget Office in fiscal note calculations results in a more accurate description of the impact of proposed legislation.
    
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
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):


    Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.



Memorandum


    Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.



    Person submitting Fiscal Note: Brad Douglas, WVDCR Chief of Staff
    Email Address: brad.t.douglas@wv.gov