COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0216-01
Bill No.: SB 169
Subject: Crimes and Punishment; Criminal Procedure; Prisons and Jails
Type: Original
Date: March 17, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | $1,259,260 | $1,482,343 | $1,444,669 |
| Total Estimated
Net Effect on General Revenue Fund |
$1,259,260 | $1,482,343 | $1,444,669 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 6 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of Attorney General and the Office of the Governor assume the proposed legislation would have no fiscal impact on their agencies.
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 Office of State Public Defender (SPD) assume the average number of death penalty cases in which the State Public Defender provided representation in the last four fiscal years was 30. A Public Defender is able to provide representation in just 3 death penalty cases each fiscal year where the client is charged with murder and the prosecutor is seeking the death penalty. Likewise, a Public Defender can provide representation in 18.75 murder cases where the death penalty is not being sought. The average cost of required experts in a death penalty case is $20,000 greater than a non-death penalty case. SPD officials assume this proposal would result in a savings of $1,309,550 in FY 04; $1,614,363 in FY 05; and $1,658,449 in FY 06 to the State Public Defender system.
ASSUMPTION (continued)
Officials from the Department of Corrections assume the proposal eliminates the death penalty for all current and future offenders. Their sentences would be commuted to life in prison without parole. This would increase the department's population by approximately five offenders each year.
Currently, the DOC performs an average of five executions per year in accordance with state statute pursuant to sentence of the Courts. Offenders normally serve at least ten years prior to execution due to the appeals process. Current (FY01) operation costs for incarceration are $44.80 per inmate, per day at a DOC maximum-security institution.
The following charts detail the estimated fiscal impact for the scope of the fiscal note (FYs 2004, 2005, and 2006), the estimated ten-year fiscal impact, and the assumptions used in determining these costs:
|
Eliminating the Death Penalty Assumptions | |||
| Cost | Days | Total | |
| Operating Expenses | 44.80 | 365 | 16,352 |
| Construction (C4 or C5 $55,000) | 0 | ||
| Emergency Housing |
0.00 |
365 | 0 |
| Operating Inflation (3.0%) | 1.030 | ||
| Emer. Hsng. Inflation (10%) | 1.100 | ||
| Construction Inflation (3.0%) | 1.030 | ||
ASSUMPTION (continued)
| End FY Population | Average Population | Emer Hsng Expense | Operating Expense | Construction Expense | Total Cost w/ Inflation | |
| FY 2003 | 0 | (current year which will have no costs incurred) | ||||
| FY 2004 | 5 | 50,260 | 0 | 51,768 | ||
| FY 2005 | 10 | 8 | 0 | 132,020 | 0 | 140,060 |
| FY 2006 | 15 | 13 | 0 | 213,780 | 0 | 233,603 |
| FY 2007 | 20 | 18 | 0 | 295,540 | 0 | 332,633 |
| FY 2008 | 25 | 23 | 0 | 370,300 | 0 | 437,394 |
| FY 2009 | 30 | 28 | 0 | 459,060 | 0 | 548,142 |
| FY 2010 | 35 | 33 | 0 | 540,820 | 0 | 665,140 |
| FY 2011 | 40 | 38 | 0 | 622,580 | 0 | 788,666 |
| FY 2012 | 45 | 43 | 0 | 704,340 | 0 | 919,004 |
| FY 2013 | 50 | 48 | 0 | 786,100 | 0 | 1,056,453 |
| Total Ten-Year Fiscal Impact: | 5,172,863 | |||||
After deducting the total cost of the executions that would have occurred from the total cost for each year, the DOC estimates the cost of the proposal to be $50,260 in FY 04; $132,020 in FY 05; and $213,780 in FY 05.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE FUND | |||
| Savings - State Public Defender (SPD) | |||
| Personal Service (15.25 FTE) | $503,067 | $618,773 | $634,242 |
| Fringe Benefits | $203,591 | $250,417 | $256,678 |
| Expense and Equipment | $102,892 | $127,173 | $130,989 |
| Reduced Expert Testimony | $500,000 | $618,000 | $636,540 |
| Total Savings - SPD | $1,309,550 | $1,614,363 | $1,658,449 |
| Costs - Department of Corrections | |||
| Additional incarcerates | ($50,260) | ($132,020) | ($213,780) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
$1,259,290 |
$1,482,343 |
$1,444,669 |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $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 repeal the death penalty make the crime of first degree murder punishable by life imprisonment 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 Attorney General
Office of the Governor
Office of State Courts Administrator
Department of Corrections
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
March 17, 2003