FISCAL NOTE
Date Requested: January 20, 2026
Time Requested: 02:59 PM |
| Agency: |
Corrections & Rehabilitation, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1900 |
Introduced |
HB4566 |
|
|---|
| 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.
There would be a fiscal impact to the agency, due to the increase in cost of the total incarceration period. The DCR has listed the additional fiscal impact below the specific increase in sentence.
(b) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than one year three years, or both fined and confined.
Increase from 1 year to 3 years will be an increase of $66,743.90. Due to day for day good time this sentence is currently satisfied in 182 days at $91.43 (jail daily cost) a day that is $16,640.26. A 3 year sentence will be satisfied in 547 days resulting in $50,012.21 total incarceration cost if no loss of good time.
(c) Notwithstanding the provisions of §17C-4-1(b) of this code, any driver who is involved in a crash in which another person suffers serious bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500, or imprisoned in a state correctional facility for not less than one year nor more than three 10 years , or both fined and imprisoned.
Increase of the back end from 3 years to 10 years. Due to day for day good time this sentence is currently satisfied in 547 days. Current prison rate is $132.74. Current sentence structure is $72,608.78 per conviction. Increase from 3 years to 10 years this would result in 1,825 days to satisfy the sentence total cost of incarceration of $250,755. An Increase of $178,146.22 per conviction.
(d) Notwithstanding the provisions of §17C-4-1(b) or §17C-4-1(c) of this code, any driver who is involved in a crash that proximately causes the death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one year nor more than five 20 years, or both fined and imprisoned: Provided, That any death underlying a prosecution under this subsection must occur within one year of the crash.
Increase of the back end from 5 to 20 years. Due to day for day good time this sentence is currently satisfied in 912 days. Current prison rate is $132.74. Current sentence structure is $121,058.88 per conviction. Increased from 5 to 20 years this would result in 3,650 days to satisfy the sentence total cost of incarceration of $484,501.00. An increase of $363,442.12 per conviction
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.
The increase cost would be to the general revenue, through the additional cost of incarceration in a prison facility. The agency has reflected the additional cost below each clause in the draft bill.
(b) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than one year three years, or both fined and confined.
Increase from 1 year to 3 years will be an increase of $66,743.90. Due to day for day good time this sentence is currently satisfied in 182 days at $91.43 (jail daily cost) a day that is $16,640.26. A 3 year sentence will be satisfied in 547 days resulting in $50,012.21 total incarceration cost if no loss of good time.
(c) Notwithstanding the provisions of §17C-4-1(b) of this code, any driver who is involved in a crash in which another person suffers serious bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500, or imprisoned in a state correctional facility for not less than one year nor more than three 10 years , or both fined and imprisoned.
Increase of the back end from 3 years to 10 years. Due to day for day good time this sentence is currently satisfied in 547 days. Current prison rate is $132.74. Current sentence structure is $72,608.78 per conviction. Increase from 3 years to 10 years this would result in 1,825 days to satisfy the sentence total cost of incarceration of $250,755. An Increase of $178,146.22 per conviction.
(d) Notwithstanding the provisions of §17C-4-1(b) or §17C-4-1(c) of this code, any driver who is involved in a crash that proximately causes the death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one year nor more than five 20 years, or both fined and imprisoned: Provided, That any death underlying a prosecution under this subsection must occur within one year of the crash.
Increase of the back end from 5 to 20 years. Due to day for day good time this sentence is currently satisfied in 912 days. Current prison rate is $132.74. Current sentence structure is $121,058.88 per conviction. Increased from 5 to 20 years this would result in 3,650 days to satisfy the sentence total cost of incarceration of $484,501.00. An increase of $363,442.12 per conviction
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