FISCAL NOTE

Date Requested: January 17, 2023
Time Requested: 03:05 PM
Agency: Corrections & Rehabilitation, Division of
CBD Number: Version: Bill Number: Resolution Number:
2193 Introduced HB2555
CBD Subject:


FUND(S):

General Revenue

Sources of Revenue:

General Fund

Legislation creates:

Creates New Revenue, Creates New Expense



Fiscal Note Summary


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


Literature is available which shows that it costs states up to twice as much to house an offender on death row versus typical average annual costs ($38,099 per year is the cost per prison offender in FY2022). The WV Division of Corrections & Rehabilitation would also require an execution chamber to be constructed and equipped. The WVDCR has no institutional experience or knowledge of the death penalty or the operation of a housing unit for those offenders, so there would be consulting and training costs involved. Finally, the cost of lethal injection drugs has increased in recent years, with some states having trouble acquiring the drugs at all. Additionally, although not costs that would be imposed upon the DCR, the state could expect significant costs to train and equip the legal community to handle death penalty cases and appeals. Furthermore, as it is unknown how often this sentence would be imposed, it is difficult to predict the fiscal impact of this legislation, however as described the cost would be significant both to the DCR and the State. Finally, the cost to the state to change the sentence for first degree murder, to only allow Life without Mercy would also be significant starting 16 years from the implementation of the law ($1,066,772 in year 16, and $10,667,720 in year 25).



Fiscal Note Detail


Effect of Proposal Fiscal Year
2023
Increase/Decrease
(use"-")
2024
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):


Est. Releases Est. Cost Year 1 -15 CY23-CY37 0 0 Year 16 CY38 28 $1,066,772 Year 17 CY39 56 $2,133,544 Year 18 CY40 84 $3,200,316 Year 19 CY41 112 $4,267,088 Year 20 CY42 140 $5,333,860 Year 21 CY43 168 $6,400,632 Year 22 CY44 196 $7,467,404 Year 23 CY45 224 $8,534,176 Year 24 CY46 252 $9,600,948 Year 25 CY47 280 $10,667,720 * An average of 28 inmates were released per year over the last 3 years whose most serious crime was First Deg. Murder, and who had a sentence of Life with Mercy. If this bill were to pass, beginning year 16, additional costs would begin to stack to hold those offenders in prison. An estimate of $38,099 per offender was used in this calculation due to it being the most recent cost per year to house an offender in prison.



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: Rebecca Hildebrand
    Email Address: Rebecca.L.Hildebrand@wv.gov