SB 0703 - Fiscal Note

Fiscal Note - SB 0703 - Requires judge to order life without parole in capital cases where jury has deadlocked on punishment

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3159-01

BILL NO. SB 703

SUBJECT: Criminal Procedure; Crimes and Punishment; Judges; Juries;

Corrections Department

TYPE: Original

DATE: January 28, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of the Attorney General, State Courts Administrator, Office of Prosecution Services (OPS) and State Public Defender assume this proposal would have no fiscal impact to their agencies.

OPS officials assume this proposal would have minimal impact on local prosecutors.

Officials of the Department of Corrections (DOC) assume this proposal require life without parole in capital cases when the jury has deadlocked on punishment, as the option of the death sentence would no longer be an option.

DOC officials could not predict the number of offenders which could serve longer sentences due to passage of this proposal. An increase in time served depends on the actual sentences imposed by the court and the decisions of a jury. If offenders were to serve longer sentences, DOC would incur a corresponding increase in operational costs through incarceration (average of $30.37 per inmate, per day). Any fiscal impact would occur after the tenth year of incarceration which is the average time spent on death row awaiting execution.

DOC would anticipate that new beds might have to be constructed in the future to accommodate the number of offenders receiving longer sentences due to passage of this proposal. At this time, DOC officials were unable to determine the number of people that would be convicted under the provisions of this proposal to estimate the fiscal impact for additional capital improvements. Estimated construction cost for one new maximum security inmate bed is $48,800. Utilizing this per diem bed cost provides for a conservative estimate by the DOC, as entire facilities and/or housing units would have to be constructed to cover the cost of housing new commitments or housing offenders for longer prison stays resulting from the cumulative effect of various new legislation, if adopted as statute.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Small Business

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

DESCRIPTION

This proposal would prohibit a judge from sentencing a defendant to death if a jury was deadlocked on the issue of punishment, and would require the sentence to be life without parole.

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 Attorney General

State Courts Administrator

Office of Prosecution Services

State Public Defender

Department of Corrections

Jeanne Jarrett, CPA

Director

January 28, 1998