COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 4736-01

Bill No.: SB 1348

Subject: Prisons and Jails; Crimes and Punishment

Type: Original

Date: March 15, 2004




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue More than $100,000 More than $100,000 More than $100,000
Total Estimated

Net Effect on

General Revenue

Fund

More than $100,000 More than $100,000 More than $100,000



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.













ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of the State Public Defender assume the proposal would have no fiscal impact on their agency.



Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.



Officials from the Office of Prosecution Services assume the proposed legislation would have no fiscal impact on prosecutors.



Officials from the Department of Corrections (DOC) assume the proposal would result in a savings to their department. The DOC cannot predict the amount of potential savings, as the reduction in sentences would be at the discretion of the Board of Probation and Parole. DOC assumes the savings would be more than $100,000 per fiscal year.





FISCAL IMPACT - State Government FY 2005

(10 Mo.)

FY 2006 FY 2007
GENERAL REVENUE FUND
Savings - Department of Corrections
Decreased incarceration/probation costs More than $100,000 More than $100,000 More than $100,000
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND



More than $100,000


More than $100,000


More than $100,000




FISCAL IMPACT - Local Government FY 2005

(10 Mo.)

FY 2006 FY 2007
$0 $0 $0





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.





DESCRIPTION



The proposed legislation would eliminate the mandatory minimum sentences for those convicted of a felony, except dangerous felons. The proposal would provide that a felon must serve a sentence imposed by a judge, but the Board of Probation and Parole would have discretion to review the sentence and release the offender before the completion of the sentence.



Those offenders sentenced under the mandatory minimum sentencing statutes before August 28, 2004, would have his or her sentence reviewed by the Board. The Board would have discretion to release such an offender before the end of his or her sentence.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.





SOURCES OF INFORMATION



Office of State Courts Administrator

Department of Corrections

Office of Prosecution Services

Office of the State Public Defender











Mickey Wilson, CPA

Director

March 15, 2004