FISCAL NOTE

Date Requested: February 13, 2017
Time Requested: 01:57 PM
Agency: Supreme Court of Appeals
CBD Number: Version: Bill Number: Resolution Number:
1252 Introduced HB2408
CBD Subject: Crime


FUND(S):



Sources of Revenue:

General Fund

Legislation creates:

A New Program



Fiscal Note Summary


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


     This bill provides for a death penalty and procedures and standards applicable to the death penalty. It includes an automatic review of the penalty for the commission of murder in the first degree. This bill also establishes procedures for carrying out the death sentences.
    
     Of the eleven (11) discrete proposed changes in SB2390, four (4) would primarily implicate the Division of Corrections; four (4) would primarily implicate the Courts, and the remaining three (3) would implicate the Courts and the Division of Corrections in concert. Of these provisions, approximately two (2) affecting primarily the Court could anticipate outlays, one (1) affecting both the DOC and the Courts anticipate outlays by the Court, and the remaining provisions can be characterized as administrative. The outlays can be categorized as human capital management, (training and time); expense reimbursement to Court participants; and DNA testing of biological materials.
    



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 390,921 325,441 325,441
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):


     § 61-2-2 (HR)
     Special Topic Training for Judges $65,480 (initial) and for new hires
     Circuit & Supreme Court Law Clerks
    
     § 61-1-1a (expense reimbursement)
     Sentencing phase of bifurcated trials
     Juror compensation $96,000 (ongoing)
     Witness compensation $100,000 (ongoing)
    
     Note: Figures were reached by dividing the number of 1st and 2nd degree murder charges in half (“data conversion” combined these two charges), and taking an average of the number of charges from 2015 – 2017, for an average of 20 cases per year that either go to trial or plead out. Compensation was figured at two weeks’ participation (per diem, not including mileage for jurors). Expert witness fees were averaged at $5,000 per case.
    
    
     § 61-2-2f
     Special Topics Training for Supreme Court Law Clerks: (included above)
     Personnel: Capital Case Law Clerk (Supreme Court)
     Salary and benefits: (average of 10 currently employed salary)$107,700 (ongoing)
    
     WC & BRIM premium adjustment: $549.53 (ongoing)
     Research subscriptions $1,191.45 (ongoing)
    
     § 61-2-26g(e)
     DNA tests (average 20 cases per year) $20,000 (ongoing)
     Each case = 4 samples (comparative samples plus known)
     Source: WVSP Crime Lab Director
    
    
    



Memorandum


    



    Person submitting Fiscal Note: Tina Payne
    Email Address: tina.payne@courtswv.gov