2002 General Assembly Session

1
2002 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 SB518, on violating protective orders,
  the maximum number of beds was 49 x 23,466
  (inmate cost) 1,149,834

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
2002 General Assembly221 Impact Analyses
7
Comparing the 2001 and 2002 General Assembly
Sessions
8
Comparing the 2001 and 2002 General Assembly
Sessions
9
30-19.14 Meeting

• Goals
• Improve communications with Division of
  Legislative Services
• Make impact analyses for bills with line
  amendments available through the Legislative
  Information System
• Combine adult and juvenile correctional impact
  statements informally
• Improve ability to communicate summary impact
  information on bills

10
Overview of new process

• Goals
• Improve communications with Division of
  Legislative Services
• They helped us to understand their deadlines
• They did a more complete job of identifying
  applicable legislative proposals for impact
  analysis
• They did a more thorough job of sending
  substitutes for bills and amendments to bills for
  impact analyses

11
Overview of new process

• Goals
• Make impact analyses for bills with line
  amendments available through the Legislative
  Information System
• Unable to achieve goal
• Although technically possible, the Clerks for the
  House and Senate informed the Division of
  Automated Legislative Systems that impact
  analyses of this nature are for the Chairs of
  Committees only

12
Overview of new process

• Goals
• Combine adult and juvenile correctional impact
  statements informally
• Informal arrangements were made between the
  Department of Juvenile Justice, Department of
  Planning and Budget, and the Commission
• The Commission reported the juvenile impact
  number as well as any supplemental information
  provided by DJJ

13
30-19.14 Meeting

• Goals
• Improve ability to communicate summary impact
  information on bills
• Legislative Services drafted a new statement that
  separated adult from juvenile impacts

• Old Phrase
• Pursuant to 30-19.14, the estimated amount of
  the necessary appropriation is 1,149,834.
• New Phrase
• Pursuant to 30-19.14, the estimated amount of
  the necessary appropriation is 1,149,834 for
  periods of imprisonment in state adult
  correctional facilities and cannot be determined
  for periods of commitment to the custody of the
  Department of Juvenile Justice.

14
30-19.14 Meeting

• Goals
• Improve ability to communicate summary impact
  information on bills
• Legislative Services drafted a new statement that
  separated adult from juvenile impacts
• During the session, they were also receptive to
  revising the statement to indicate a partial
  impact where some crimes could be analyzed, but
  there were other that could not

• New Phrase Variation
• Pursuant to 30-19.14, the estimated amount of
  the necessary appropriation is at least
  1,149,834 for periods of imprisonment in state
  adult correctional facilities and cannot be
  determined for periods of commitment to the
  custody of the Department of Juvenile Justice.

15
30-19.14 Meeting

• Looking to July 2002
• Fiscal impacts are to be expanded to include
  impacts on
• Local and regional jails
• Local and state community corrections programs
• Meeting planned to discuss how new information
  should be presented

16
30-19.14 Meeting

• Looking to July 2002
• Fiscal impacts are to be expanded to include
  impacts on
• Local and regional jails
• LIDS already helping to understand the impact on
  jails
• No information yet available on those sentenced
  to probation for misdemeanors who are not
  confined at conviction

17
Whats Next

• Looking to July 2002
• Fiscal impacts are to be expanded to include
  impacts on
• Local and state community corrections programs
• Database for state programs (VACCIS)
• Not well regarded by users at DOC
• Reported to have much missing data when accessed
  by National Center of State Courts for the
  non-violent risk assessment evaluation
• Database for local programs (PTCC)
• Database reviewed, but no download has been
  provided

18
30-19.14 Meeting

• Looking to July 2002
• Fiscal impacts are to be expanded to include
  impacts on
• Meeting planned to discuss how new information
  should be presented
• Should the number of beds/program slots be
  reported
• Should the associated costs be reported, and if
  so
• What portions of the total cost should be
  included/excluded
• Senate Finance, House Appropriations, Department
  of Planning and Budget, Division of Legislative
  Services

19
Whats Next

• Looking beyond July 2002
• House Bill 308 would require use of the Virginia
  Crime Codes by the Court Automated Information
  System starting in January 2004
• If the bill passes in the next General Assembly,
  the Commission may be able to improve upon its
  ability to estimate the impact of misdemeanor
  crimes for which there is currently only
  information if the offender is jailed