COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1689-01
Bill No.: SB 414
Subject: Crimes and Punishment; Prisons and Jails; Department of Corrections
Type: Original
Date: February 19, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue | (Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| Total Estimated
Net Effect on All State Funds |
(Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator and the Office of the State Public Defender assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of Prosecution Services assume the costs of the proposed legislation can be absorbed within existing resources.
Officials from the Department of Corrections (DOC) stated that the DOC's procedure strictly prohibits the type of criminal behavior outlined in this proposal. Currently, the DOC cannot predict the number of new commitments which may result from the creation of the offense outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY99 average of $35.61 per inmate, per day) or through supervision provided by the Board of Probation and Parole (FY99 average of $2.47 per offender, per day).
The following factors contribute to DOC's minimal assumption:
DOC does not anticipate the need for additional capital improvements at this time. It must be noted that the cumulative effect of various new legislation, if passed into law, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.
In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
Oversight assumes that the conviction and incarceration of only one person would create a minimal fiscal impact of less than $100,000 annually.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections
Incarceration/Probation costs |
(Less than $100,000) | (Less than $100,000) | (Less than $100,000) |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $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 create the class C felony of sexual contact with an inmate. An employee of any jail, prison, or correctional facility would be guilty of the offense if the employee had sexual intercourse or deviate sexual intercourse with an offender.
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
Jeanne Jarrett, CPA
Director
February 19, 2001