FISCAL NOTE
Date Requested: February 27, 2026
Time Requested: 02:08 PM |
| Agency: |
Corrections & Rehabilitation, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 4290 |
Comm. Sub. |
SB1037 |
|
|---|
| CBD Subject: |
Crime |
|---|
|
FUND(S):
0608 - 0450 - General Revenue
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.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
Due to the multiple variables that would need to be considered within this DRAFT legislation, this fiscal note response is an estimate. The agency is breaking this apart, so it can be clearly understood.
Due to the responsibility and liability that this legislation would bring to the WVDCR, additional legal counsel with the applicable experience would need to be retained.
Estimated Legal Services-
$420,000.00 per year (ongoing permanent expense)
2 Staff Attorneys - $150,000 x 2 = $300,000
2 Paralegal employees - $60,000 x 2 = $120,000
The average yearly cost of incarceration for an inmate in a prison facility is $48,450. Research shows that it costs twice the average amount, to house a death row inmate. This brings the yearly cost of incarceration for these individuals to $96,900, per inmate per year. The DCR currently has 298 inmates serving a sentence of life w/o mercy. There is currently no concrete method to quantify an estimated population for death row. Not knowing how the final legislation would read, using a hypothetical number of 100 death row inmates, the additional cost per year would be $4,845,000 to maintain the death row population.
Current estimated construction costs of the necessary housing using appropriate standards on the grounds of the state’s maximum security complex, for an offender population awaiting the death penalty would be - $20,400,000.00.
It is important to note that this figure is not only an estimate, but also highly generalized. State and Federal laws prevent male and female inmates from being housed together, regardless of death row status. This figure would be significantly higher if accommodations to the structure were made to allow for female inmates, let alone if an entirely sperate facility is required.
If it were to be determined that the actual execution was to be carried out in a manner that required a separate building, set aside from inmate housing; construction of an appropriate site on the grounds of the state’s maximum security complex, is estimated at $3,300,000.00
Estimated total construction costs:
$23,700,000.00
Additional security staff at the appropriate rank is estimated to be four (4) officers per work shift, per day. Additional clerical support is estimated at one (1) administrative position, and an additional maintenance staff position for 2 additional buildings to the grounds of the complex is estimated at one (1) position. These figures would also change with necessary accommodations for the female inmate population
Estimated additional staffing costs:
$1,747,125. (ongoing permanent expense)
Direct Procedural Costs for Lethal Injection
- Upfront Equipment Costs: $22,500
- Yearly Equipment Maintenance: $2,800
- Cost Per Execution: $91,000
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
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):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Due to the multiple variables that would need to be considered within this DRAFT legislation, this fiscal note response is an estimate. The agency is breaking this apart, so it can be clearly understood.
Due to the responsibility and liability that this legislation would bring to the WVDCR, additional legal counsel with the applicable experience would need to be retained.
Estimated Legal Services-
$420,000.00 per year (ongoing permanent expense)
2 Staff Attorneys - $150,000 x 2 = $300,000
2 Paralegal employees - $60,000 x 2 = $120,000
The average yearly cost of incarceration for an inmate in a prison facility is $48,450. Research shows that it costs twice the average amount, to house a death row inmate. This brings the yearly cost of incarceration for these individuals to $96,900, per inmate per year. The DCR currently has 298 inmates serving a sentence of life w/o mercy. There is currently no concrete method to quantify an estimated population for death row. Not knowing how the final legislation would read, using a hypothetical number of 100 death row inmates, the additional cost per year would be $4,845,000 to maintain the death row population.
Current estimated construction costs of the necessary housing using appropriate standards on the grounds of the state’s maximum security complex, for an offender population awaiting the death penalty would be - $20,400,000.00.
It is important to note that this figure is not only an estimate, but also highly generalized. State and Federal laws prevent male and female inmates from being housed together, regardless of death row status. This figure would be significantly higher if accommodations to the structure were made to allow for female inmates, let alone if an entirely sperate facility is required.
If it were to be determined that the actual execution was to be carried out in a manner that required a separate building, set aside from inmate housing; construction of an appropriate site on the grounds of the state’s maximum security complex, is estimated at $3,300,000.00
Estimated total construction costs:
$23,700,000.00
Additional security staff at the appropriate rank is estimated to be four (4) officers per work shift, per day. Additional clerical support is estimated at one (1) administrative position, and an additional maintenance staff position for 2 additional buildings to the grounds of the complex is estimated at one (1) position. These figures would also change with necessary accommodations for the female inmate population
Estimated additional staffing costs:
$1,747,125. (ongoing permanent expense)
Direct Procedural Costs for Lethal Injection
- Upfront Equipment Costs: $22,500
- Yearly Equipment Maintenance: $2,800
- Cost Per Execution: $91,000
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: Lori Lynch, Chief of Staff, WVDCR
Email Address: lori.a.lynch@wv.gov