FISCAL NOTE
Date Requested: January 24, 2023
Time Requested: 09:24 AM |
| Agency: |
Public Defender Services |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1121 |
Introduced |
HB2475 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
General 0226
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.
Currently, Public Defender Services’ governing statute provides that attorneys may be reimbursed for the expenses of an investigator at the rate of $30 an hour. W. Va. Code §29-21-13a(l)(7). This legislation increases the allowable reimbursement to $65 an hour. Notably, this hourly rate is more than attorneys are compensated for out-of-court work, i.e., $60. W. Va. Code §29-21-13a(j)(1). PDS anticipates an increase in the reimbursement of investigative expenses by the amount of $298,468 annually if the legislation passes.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
298,468 |
298,468 |
298,468 |
| Personal Services |
298,468 |
298,468 |
298,468 |
| 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.
An investigator's fee is an expense that Public Defender Services reimburses at a rate of $30 an hour if approved by the court. The Executive Director of Public Defender Services used his statutory discretion to permit the submission of these expenses to the agency for direct payment to the service provider because most panel attorneys cannot afford to pay such expenses out-of-pocket and then await reimbursement until after the case has been closed and the attorney’s voucher has been submitted to the agency. W. Va. Code §29-21-13a(h).
In FY2017, the total amount of payments related to investigative services, either to the attorney or directly to the investigator, was $316,225. (PDS 2017 Annual Report, p. 69). In FY2018, the total amount was $322,489. (PDS 2018 Annual Report, p. 71). In FY2019, the total amount was $315,550. (PDS 2019 Annual Report, p. 58). The expenses lessened during the pandemic years. In FY2020, the total amount was $166,277. (PDS 2020 Annual Report, p. 30). And in FY2021, the total amount was $154,965. (PDS 2021 Annual Report, p. 39).
Due to the potential suppression of services during the pandemic, PDS will use the average expenditure for investigative services during the five listed fiscal years, which is $255,101. The proposed increase in the hourly rate for reimbursement from $30 to $65 is a 117% increase. Accordingly, the increase in annual expenditures would be 117% of the three-year average of $255,101 which is $298,468.
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.
Effective July 1, 2019, the rate of compensation of attorneys for out-of-court work was increased by 33-1/3%, from $45 to $60. A 117% increase in the hourly rate for investigators means that investigators would be compensated higher than attorneys for out-of-court work. The resulting irony could be attorneys submitting their investigative work as an investigate expense rather than as a legal service.
Person submitting Fiscal Note: Dana F. Eddy
Email Address: Dana.F.Eddy@wv.gov