COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1790-01

Bill No.: SB 458

Subject: Crimes and Punishment; Evidence; Criminal Procedure

Type: Original

Date: February 19, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
General Revenue Fund Could exceed $100,000 Could exceed $100,000 Could exceed $100,000
Total Estimated

Net Effect on All

State Funds

Could exceed $100,000 Could exceed $100,000 Could exceed $100,000



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
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.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of the State Public Defender assume, for the purpose of this proposed legislation, although the possible penalties for several crimes involving theft of items worth less than $500 will be reduced, existing staff will continue to provide representation where indigent persons were charged. In reality, the workload on these particular felony reduced to misdemeanor cases would be less, but then the number of these cases is very minimal when compared to the total State Public Defender caseload.



Officials from the Office of State Courts Administrator would not anticipate a significant impact on the workload of the judiciary as a result of the proposed legislation.



Officials from the Office of Prosecution Services assume the cost of the proposed legislation can be absorbed by prosecutors.



Officials from the Department of Corrections (DOC) assume raising the felony limit of stolen property from $150 to $500 for the specific crimes outlined in this proposal should prove to find more offenders receiving misdemeanor (or lesser) charges and less offenders receiving felony (or more extensive) sentences, as so outlined for each crime.



In summary, DOC assumes an unknown savings amount per year (estimated at less than $100,000 annually) at this time until this fiscal note can be updated with numbers calculated from the DOC database on each specific charge code for offenders DOC currently supervises. Property value amounts are not listed in the database. Therefore, consultation with other agencies is required in order to potentially ascertain the breakdown of values for use in estimating fiscal impact due to passage of this note.





FISCAL IMPACT - State Government FY 2002

(10 Mo.)

FY 2003 FY 2004
GENERAL REVENUE FUND
Savings - Department of Corrections

Fewer prison commitments

Could exceed $100,000 Could exceed $100,000 Could exceed $100,000
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND Could exceed $100,000 Could exceed $100,000 Could exceed $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 revises numerous theft crimes to reflect a new felony limit of $500. The current limit is $150.



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 the State Public Defender

Office of State Courts Administrator

Office of Prosecution Services

Department of Corrections









Jeanne Jarrett, CPA

Director



February 19, 2001