FISCAL NOTE

Date Requested: January 11, 2019
Time Requested: 03:07 PM
Agency: Crime Victims Compensation Fund
CBD Number: Version: Bill Number: Resolution Number:
1342 Introduced SB264
CBD Subject: Crime


FUND(S):

West Virginia Crime Victims Compensation Fund

Sources of Revenue:

Special Fund

Legislation creates:

Increases Revenue From Existing Sources



Fiscal Note Summary


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


Under Senate Bill 264, the West Virginia Crime Victims Compensation Fund is officially designated as a “person” entitled to receive restitution from criminal defendants when the sentencing court so orders. Restitution is paid by the criminal defendant or offender; in some cases a family member may make the payments on behalf of the criminal defendant or offender. The Fund provides benefits to crime victims who have no other source of funding to pay crime related expenses such as funeral costs, medical bills, counseling fees, relocation expenses, lost wages and replacement of medical equipment. All funds disbursed by the Crime Victims Compensation Fund come from the collection of court costs, fines, fees and several federal grants from the Department of Justice. The Crime Victims Compensation Fund is not funded by the State's General Revenues.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
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 30,000 35,000 50,000


Explanation of above estimates (including long-range effect):


All systems necessary to implement this bill are already in place. Courts already have the option to order restitution when sentencing criminal defendants and a process is already in place for the Fund to collect restitution from criminal defendants. The Fund is funded through special revenue so there would be little to no impact on the General Revenues and State Budget. The restitution collections from FFY 2013-2018 range from $17,711.66 to $29,280.48. With the Crime Victims Compensation Fund designated as a "person" entitled to receive restitution, collections should increase when the criteria in the statute are satisfied. With increased collections, the Fund will be able to provide compensation and assistance to more West Virginians who are the unfortunate victims of crime. The Crime Victims Compensation Fund currently receives restitution payments from less than twenty criminal defendants/offenders on a regular basis. Most of those paying restitution are presently incarcerated and the correctional facility transmits the payments utilizing a system already in place.



Memorandum


The Crime Victims Compensation Fund currently provides benefits to crime victims who have no other source of funding to pay crime related expenses including funeral costs, medical bills, counseling fees, relocation expenses, lost wages and replacement of medical equipment. Under Senate Bill 264, the Fund is officially designated as a “person” entitled to receive restitution from criminal defendants when the sentencing court so orders. The restitution collections from FFY 2013-2018 range from $17,711.66 to $29,280.48. With the Crime Victims Compensation Fund designated as a "person" entitled to receive restitution, collections should increase when the criteria in the statute are satisfied. With increased collections, the Fund will be able to provide compensation and assistance to more West Virginians who are the unfortunate victims of crime.



    Person submitting Fiscal Note: Janet N. Kawash
    Email Address: janet.kawash@wvlegislature.gov