2003 General Assembly Session

1
2003 General Assembly Session

• Proposed Legislation
• Impact Analysis

2
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The Virginia Criminal Sentencing Commission shall
  prepare a fiscal impact statement for any bill
  which would result in a net increase in periods
  of imprisonment in state adult correctional
  facilities.
• Current law became effective July 1, 2000

3
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The requirement for a fiscal impact statement
  includes, but is not limited to, those bills that
  increase the time served in prison by
  
• adding new crimes for which imprisonment is
  authorized,
  
• increasing the periods of imprisonment authorized
  for existing crimes,
  
• imposing minimum or mandatory terms of
  imprisonment, or
  
• modifying the law governing release of prisoners
  
  

4
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• The fiscal impact statement shall include, but
  not be limited to,
  
• any increase or decrease in the offender
  population and
  
• any necessary adjustments in guideline midpoints
  for the crime or crimes affected by the bill
  
• impact is calculated by multiplying the number of
  estimated beds by cost of holding a prison inmate
  for a year (not including capital costs)
  
• e.g., for HB1576, on evading taxes, the maximum
  number of beds was .38 x 22,286 (inmate cost)
  8,402
  

5
Special Correctional Reserve Fund Fiscal Impact
(30-19.14 )

• After July 1, 2002 it shall include an analysis
  of the impact on
  
• local and regional jails, and
• state and local community corrections programs

6
2003 General Assembly235 Impact Analyses
7
Comparing the 2002 and 2003 General Assembly
Sessions
8
Comparing the 2002 and 2003 General Assembly
Sessions
9
A Sampling of the 2003 Impacts

• Family
• Firearms
• Prisoners
• Death Penalty
• Miscellaneous (multiple versions analyzed)

10
Family

• Child support
• Custody and visitation
• Protective orders
• Protection of infants
• Bigamy

11
Firearms

• Possess BB guns on school property
• Use of a firearm in assaults
• Possession while in possession of a Schedule I or
  II drug
  
• Possess taser or stun weapon by convicted felon
• Criminal history checks at firearm shows

12
Prisoners

• Deliver weapons to prisoner
• Post-release
• Home electronic incarceration
• Good conduct credit
• Earn while on furlough or work release
• Earn while on home electronic incarceration
• Written jail policy and judicial good time
  procedure
  

13
Death Penalty

• Abolish death penalty
• Death penalty moratorium
• Restrict death penalty
• Exclude minors
• Exclude the mentally retarded

14
Miscellaneous (multiple versions analyzed)

• Child pornography (14)
• Unlawful transmission of computer spam (14)
• Obtaining DMV identification (13)
• Identity theft (12)
• Partial birth abortion/infanticide (10)
• Money laundering (7)

15
New Elements

• Commission impacts were expanded to include
  impacts on
  
• Local and regional jails
• Local and state community corrections programs
• Cost estimates reported on a prorated basis

16
New Elements

• Impact on local and regional jails
• Change in the number of jail beds needed
• Estimated annualized cost/saving for the jail
  beds needed
  
• Estimate of the share paid by the state
• Estimate of the share paid by localities

17
New Elements

• Impact on local and state community corrections
  programs
  
• Background data where available on
• Supervised probation
• Suspended time available for probation or
  post-release revocations
  

18
New Elements

• Prorated bed space estimates
• The annualized cost of a jail or prison bed was
  multiplied by the number of beds (including
  fractions) estimated by the Commissions bed
  space simulation model
• This allowed a 30-19.14 estimate to be
  calculated even when the impact is expected to be
  less than half a bed.
  
• Previously, the Commissions impact analysis was
  based on whole beds fractions were rounded to
  the nearest whole number.
  

19
Whats Next

• Looking beyond July 2003
• House Bill 2541 requires use of the Virginia
  Crime Codes by the Court Automated Information
  System starting in October 2004