legislative impact analysis for the 2013 general assembly march 18, 2013

Legislative Impact Analysis

for the 2013 General Assembly

March 18, 2013

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 (prisons)

Law became effective July 1, 2000

Effective July 1, 2002, the impact statement must:

Include an 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

2


The Commission must estimate the increase in annual operating costs for prison facilities that would result if the proposal is 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

If the Commission does not have sufficient information to project the impact, § 30-19.1:4 states that the words "Cannot be determined" must be printed on the face of the bill

3


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 costs during the six years following enactment

Appropriations made pursuant to § 30-19.1:4 are deposited into the Corrections Special Reserve Fund

4


The Department of Juvenile Justice (DJJ) prepares a fiscal impact estimate for any bill that would result in a net increase in the juvenile population committed to the state

DJJ provides this information to the Commission and a combined statement is submitted to the General Assembly

5

SB1378: Unlawful Firearm Transfers

Additional Provisions in the Appropriations Act

In 2009, the Appropriations Act passed by the General Assembly included new language pertaining to fiscal impact statements

Item 48 of Chapter 781 of the

2009 Acts of Assembly

For any fiscal impact statement

prepared by the Virginia Criminal

Sentencing Commission pursuant

to § 30-19.1:4, Code of Virginia,

for which the commission does

not have sufficient information to

project the impact, the

commission shall assign a

minimum fiscal impact of

$50,000 to the bill and this

amount shall be printed on the

face of each such bill, but shall

not be codified. The provisions

of § 30-19.1:4,

paragraph H. shall be applicable

to any such bill. 6

Additional Provisions in the Appropriations Act

This requirement remained in the budget adopted by the 2012 General Assembly

Item 50 of Chapter 3 of the

2012 Acts of Assembly, Special Session I

For any fiscal impact statement

prepared by the Virginia Criminal

Sentencing Commission pursuant

to § 30-19.1:4, Code of Virginia,

for which the commission does

not have sufficient information to

project the impact, the

commission shall assign a

minimum fiscal impact of

$50,000 to the bill and this

amount shall be printed on the

face of each such bill, but shall

not be codified. The provisions

of § 30-19.1:4,

paragraph H. shall be applicable

to any such bill. 7


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 mandatory terms of imprisonment; or

Modify the law governing release of prisoners

9

Additional impact analyses may be conducted at the request of:

House Appropriations staff

Senate Finance staff

Department of Planning and Budget staff

Office of the Secretary of Public Safety


10


The necessary appropriation is calculated by:

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

Identifying the highest single-year population increase

Multiplying that figure by the cost of holding a prison inmate for a year (operating costs, excluding capital costs)

For FY2012, the annual operating cost per prison inmate was $29,081

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

11

Impact Analyses Completed for 2003-2013 Sessions of the General Assembly

287322

211207

117

304

263

336

243

295

235

0

50

100

150

200

250

300

350

400

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

12

Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are proposed or adopted

Percentages do not add to 100%, since 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 proposed or adopted

2013 General Assembly – 322 Impact Analyses Completed

Type of Legislative Change Percent

Expansion or Clarification of Crime 51.6%

New Crime 42.9%

Mandatory Minimum 10.2%

Misdemeanor to Felony 29.2%

Increase Felony Penalty 7.1%

Other 12.1%

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Most Common Types of Offenses in Proposed Legislation

Sex Offenders and Offenses (52 analyses)

Fraud/Larceny (39 analyses)

Firearms (36 analyses)

Drugs (27 analyses)

Cigarettes (20 analyses)

Assault (19 analyses)

Gangs and Gang Offenses (17 analyses)

Driving While Intoxicated (13 analyses)

14

Clauses Added to Select Bills with Fiscal Impacts Passed by the 2013 General Assembly

15

Bills with Fiscal Impacts Passed by the 2013 General Assembly

Assault

16

Bill Number Description

State-Responsible Impact

SB853Expands assault on LEO, etc., to include magistrates

$7,680

SB1033/ HB2065

Expands assault on LEO to include DOC volunteers and contractors and increases penalties relating to offenders in DJJ custody

$50,000 (Cannot be determined)

HB1850*Expands assault on LEO to include employees of local or regional jails


HB1927*Expands assault on LEO to include all Emergency Medical Services Personnel Members


* Passed with dual clauses


Cigarettes

17



SB1017/HB1783

Increases penalty for PWID contraband cigarettes


SB1018Expands felony provision for poss., etc., of unstamped cigarettes


SB1019Increases penalty for poss., etc., of counterfeit cigarettes


SB1020Expands racketeering to include PWID contraband cigarettes


HB1820Expands felony provision for poss., etc., of unstamped cigarettes and increases penalty for 2nd or subsq.



Drugs

18



SB1083/ HB1941

Adds certain chemicals to definition of synthetic cannabinoids and Schedule I drugs


HB1816*Expands manufacture of meth in the presence of certain persons


HB2136 Adds two steroids to Schedule III$50,000

(Cannot be determined)



Fraud/Larceny

19



SB706/ HB1682

Financial exploitation of mentally incapacitated persons deemed larceny


SB811Establishes new Class 5 felony for filing a false lien or encumbrance


SB1010/ HB1684

Increases penalty for certain identity theft offenses

At least $30,152

HB1955*Increases penalty for 2nd or subsequent impersonating LEO, public safety personnel, etc.

$4,048



Sex Offenders and Offenses

20



SB832/ HB2269

Requires mand. min. terms under § 18.2-374.1:1 to be run consecutively


SB1015/ HB1606

Establishes felony penalty for solicitation of a minor for prostitution


SB1031/ HB1745

Expands indecent liberties and use of comm. system to propose sexual acts


SB1032/ HB1862

Expands offenses requiring registration with the Sex Offender Registry



Other

21



SB1205/ HB1847*

Expands list of criminal street gang predicate offenses

At least $574,916

SB1214/ HB1746

Expands definition of violent felony for sentencing guidelines


SB1272/ HB1559

Expands applicability of felony DWI$50,000

(Cannot be determined)

SB1378Increases penalty for "strawman" firearm purchases and certain transfers of firearms

$46,773

HB2211**Increases penalty for 2nd offense stalking under certain circumstances

At least $23,197

* Passed with dual clauses** Passed without Woodrum language

legislative impact analysis for the 2013 general assembly march 18, 2013

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