FISCAL NOTE
Date Requested: February 12, 2025
Time Requested: 10:03 PM |
| Agency: |
Corrections & Rehabilitation, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1159 |
Introduced |
SB264 |
|
|---|
| CBD Subject: |
Crime |
|---|
|
FUND(S):
West Virginia DCR
Sources of Revenue:
General Fund
Legislation creates:
Increases Existing Expenses
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 ($35,452 per year is the cost per prison offender in FY2024). A nationwide average of 20 years incarcerated before a sentence is imposed. The WV Division of Corrections & Rehabilitation would also require an execution chamber to be constructed and equipped and would need to possibly factor in the construction of a new building/location and depending on the number of inmates, hiring new staff, currently at a minimum of approximately $72,051 per officer including salary/benefits. 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. 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. Legal costs to the state would be court appointed attorneys. Many times and for most jurisdictions two attorneys are appointed for a capital murder trial. 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. If individuals, who under current law, allow for a mercy sentence, those Inmates are parole eligible after 15 years. This bill states that only No Mercy or Death be implemented. After (15) years, No Mercy Sentences could greatly impact the agency. Medical, food and housing costs in 15 years can be assumed to be much higher than current expenses.
Budget General Revenue
It would cost the agency approximately $1,418,080.00 based on today's cost per inmate to house and carry out the execution of sentence. This was calculated by double the annual cost per year and the 20 years average nationwide to execute sentences. We can assume it would be significantly higher with inflationary costs over a 20 year period however.
This unit would be staff intensive because of limited and restricted movement. Currently on our Segregation units we have them staffed with 5 officers per shift 4 shifts per day. This equates to an additional cost to personal services of $1,441,020.00. This too would increase over the years and are calculated by today's estimated cost per staff including benefits.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2025
Increase/Decrease
(use"-") |
2026
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
1,441,020 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
25,000,000 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
26,441,020 |
0 |
Explanation of above estimates (including long-range effect):
The above number reflects what it would cost to hire additional officers to operate a "death Row". $1441020. The $22.5 Million cost is an estimate what it may cost to build a 75 bed death row Unit at a cost of $300,000.00 per bed x 75.
Memorandum
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 ($35,452 per year is the cost per prison offender in FY2024). A nationwide average of 20 years incarcerated before a sentence is imposed. The WV Division of Corrections & Rehabilitation would also require an execution chamber to be constructed (22.5 Million $300000 x 75 bed unit) and equipped and would need to possibly factor in the construction of a new building/location and depending on the number of inmates, hiring new staff, currently at a minimum of approximately $72,051 per officer including salary/benefits. 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. 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. Legal costs to the state would be court appointed attorneys. Many times and for most jurisdictions two attorneys are appointed for a capital murder trial. 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. If individuals, who under current law, allow for a mercy sentence, those Inmates are parole eligible after 15 years. This bill states that only No Mercy or Death be implemented. After (15) years, No Mercy Sentences could greatly impact the agency. Medical, food and housing costs in 15 years can be assumed to be much higher than current expenses.
Budget General Revenue
It would cost the agency approximately $1,418,080.00 based on today's cost per inmate to house and carry out the execution of sentence. This was calculated by double the annual cost per year and the 20 years average nationwide to execute sentences. We can assume it would be significantly higher with inflationary costs over a 20 year period however.
This unit would be staff intensive because of limited and restricted movement. Currently on our Segregation units we have them staffed with 5 officers per shift 4 shifts per day. This equates to an additional cost to personal services of $1,441,020.00. This too would increase over the years and are calculated by today's estimated cost per staff including benefits.
The 75 bed unit was chosen because Ohio has 120 beds on their unit and it is reported it is over capacity. WV is significantly smaller however it would be responsible to build a lager unit to the expected need for future convictions and sentences.
Person submitting Fiscal Note: Patrick Mirandy
Email Address: patrick.a.mirandy@wv.gov