FISCAL NOTE

Date Requested: February 10, 2017
Time Requested: 01:20 PM
Agency: Corrections, WV Division of
CBD Number: Version: Bill Number: Resolution Number:
1268 Introduced HB2329
CBD Subject: Crime


FUND(S):



Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


The West Virginia Division of Corrections is unable to estimate how many new offenders would be sentenced to our custody as a result of the proposed legislation. However, for each such offender incarcerated, the State of West Virginia can expect an additional cost of $27,684 per year (average annual cost per offender in FY 2016). If five such offenders were sentenced per year, costs for years 1 through 3 would be as follows: Year 1 Cost $138,420.00 Year 2 Cost $276,840.00 Year 3 Cost $415,260.00



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 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):






Memorandum


It is unclear in this bill if the proposed criminal penalties would be indeterminate or determinate penalties. On determinate sentences, inmates are parole eligible in one quarter of the sentence. On indeterminate sentences inmates are parole eligible at the minimum of the sentence. Inmates in WV receive day for day "good time", so their maximum sentence is effectively cut in half. If the minimum of a proposed criminal penalty is more than half of the maximum it would lead to inmates discharging that sentence due to the accumulation of good time prior to being parole eligible.



    Person submitting Fiscal Note: Brad Douglas
    Email Address: brad.t.douglas@wv.gov