Legislative Impact Analysis for the 2008 General Assembly

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Code of Virginia § 30-19.1:4

The Virginia Criminal Sentencing Commission must prepare a fiscal impact statement for any bill that would result in a net increase in the population of offenders housed in state adult correctional facilities.

Current law became effective July 1, 2000.

Effective July 1, 2002, the impact statement must:

• Include analysis of the impact on local and regional jails as well as state and local community corrections programs; and

• Detail any necessary adjustments to the sentencing guidelines.

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Code of Virginia § 30-19.1:4

To prepare the impact statement, the Commission must estimate the increase in annual operating costs for state adult correctional facilities that would result if the proposal were to be enacted.

• A six-year projection is required.

• The highest single-year increase in operating costs is identified.

• This amount must be printed on the face of the bill.

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Code of Virginia § 30-19.1:4

For each law enacted that results in a net increase in the prison population, a one-year appropriation must be made.

• Appropriation is equal to the highest single-year increase in operating cost for the six years following the effective date of the law.

Appropriations per § 30-19.1:4 are deposited into the Corrections Special Reserve Fund.

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Code of Virginia § 30-19.1:4

The Department of Juvenile Justice, in conjunction with the Department of Planning and Budget, must prepare a fiscal impact statement for any bill that would result in a net increase in the population committed to the Department of Juvenile Justice.

The Department of Juvenile Justice provides this information to the Commission and a combined statement is submitted to the General Assembly.

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Code of Virginia § 30-19.1:4

The requirement for an impact statement includes, but is not limited to, proposals that:

• Add new crimes for which imprisonment is authorized;

• Increase the periods of imprisonment authorized for existing crimes;

• Raise the classification of a crime from a misdemeanor to a felony;

• Impose minimum or mandatory terms of imprisonment; or

• Modify the law governing release of prisoners.

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Legislative Impact Analysis

The necessary appropriation is calculated by:

• Estimating the net increase in the prison population likely to result from the proposal for the six years following enactment;

• Multiplying the highest single-year figure by the cost of holding a prison inmate for a year (operating costs, not to include capital costs);

For FY2007, the annual operating cost per prison inmate was $27,452.

• This figure is provided each year by the Department of Planning and Budget.

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Legislative Impact Analysis

Additional impact analyses may be conducted by request of:

• House Appropriations staff

• Senate Finance staff

• Department of Planning and Budget staff

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Percentages do not add to 100% as proposed legislation can involve multiple types of changes. Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are adopted.

2008 General Assembly – 304 Impact Analyses Completed

Type of Legislative Change % of Analyses

Expansion or Clarification of Crime

45.4%

New Crime 36.5%

Misdemeanor to Felony 15.8%

Increase Felony Penalty 8.2%

Presumptive Denial of Bail 7.6%

Increase Misdemeanor Penalty 5.6%

Mandatory Minimums 2.3%

Death Penalty 0.7%

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Types of Offenses in Proposed Legislation

Sex Offenders and Offenses (53 analyses)

• Expansion of offenses requiring registration or registration as a “sexually violent” offender

• Increase in penalty for Registry violation

• Clarification that out-of-state laws apply for registration purposes

• Expansion of restrictions prohibiting proximity to children

• Criminalization of intercourse as a gang initiation

• Expansion of the definition of sexual battery

• Expansion of the crime of unlawful filming of another

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Types of Offenses in Proposed Legislation

Prisoner/Offender (29 analyses)

• Presumptive denial of bail

– Illegal alien held for certain crimes

– Assault of family member (2nd or subsequent offense)

– Upon conviction for violent felony

• Absconding from civil commitment supervision

• Parole abolition for certain misdemeanants

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Types of Offenses in Proposed Legislation

Firearm (25 analyses)

• Prior record checks for gun show purchases

• Mental health and gun purchases

• Possession of a firearm on school property

• Redefinition of firearm or ammunition

• Possession of firearm with juvenile felony

• Sale of a firearm to an illegal alien

• Reckless handling of a firearm

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Types of Offenses in Proposed Legislation

Assault on Law-Enforcement Officer (19 analyses)

• Inclusion of ABC agents

• Inclusion of juvenile correctional officers

• Addition of DMV enforcement officers

• Addition of campus police officers

• Addition of Commonwealth’s attorneys

• Inclusion of ABC agents, DMV enforcement officers, and Virginia Marine Police

• Inclusion of magistrates, Commonwealth’s attorneys, jurors and witnesses

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Types of Offenses in Proposed Legislation

Animals (19 analyses)

• Animal fighting

• Dog fighting

• Cock fighting

• Larceny of a cat

• Protection of the bald eagle

• Addition of dog fighting as a racketeering offense (RICO)

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The Iterative Process of Legislative Impact Analysis

Senate Bill 522 (Assault of a law-enforcement officer)

• Introduced: $54,101 (addition of ABC agents to § 18.2-57C)

• Senate Courts Committee Substitute: $80,181 (addition of ABC agents, DMV enforcement officers and Virginia Marine Police to § 18.2-57)

• Senate Engrossed bill: $80,181 (inclusion of an enactment clause specifying that the provision will not become effective unless an appropriation is made)

• House Courts Committee Amendment: $54,101 (removal of DMV enforcement officers and Virginia Marine Police)

• Left in House Appropriations Committee

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Proposal to Raise a Misdemeanor to a Felony

House Bill 995 (Unlawful filming of another)

• The proposal amends § 18.2-386.1 by increasing the penalty for a third or subsequent conviction from a Class 1 misdemeanor to a Class 6 felony.

• The Senate substitute is awaiting the Governor’s decision.

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Proposal to Create New Crime

House Bill 1362/ Senate Bill 350 (Misuse of public assets)

• The proposed legislation adds § 18.25-112.1 to make it a Class 4 felony for a state or local employee to use public assets for private or personal purposes without lawful authorization when the value of such use exceeds $1,000 in any twelve month period.

• Both versions are identical and awaiting the Governor’s decision.

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Proposal to Expand an Existing Crime

Senate Bill 26 (Racketeering)

• The proposed legislation amends § 18.2-513 to include dog fighting, in violation of § 3.1-796.124, as a racketeering activity.

• There are several felony crimes defined under Virginia’s RICO statutes.

• The bill is awaiting the Governor’s decision.

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Proposal to Add Mandatory Minimum Sentences

House Bill 931/Senate Bill 562 (Methamphetamine)

• The proposal adds § 18.2-248.03 to create a felony with mandatory, minimum penalties for manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give or distribute 28 grams or more of methamphetamine.

– For 28 grams or more, the mandatory minimum sentence would be 3 years.

– For 227 grams or more, the mandatory minimum sentence would be 5 years.

• Both versions are identical and are awaiting the Governor’s decision.

House Bill No. 931(Patron – Gilbert)

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Proposal to Add Mandatory Minimum Sentences

This proposal was also introduced in 2007 (House Bill 2324/ Senate Bill 1234)

• The bill was left in House Appropriations Committee.