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As Amended by Senate "B" (LCO 4841)

House Calendar No. : 460

Senate Calendar No. : 265

OFA Fiscal Note

State Impact: See Below

Municipal Impact: None


The bill sets minimum penalties for persistent dangerous felony offenders and, in some instances, increases the maximum penalties for these offenders, which would result in significant state cost in the out years. The bill appropriates $10 million in FY 09 to various state agencies, which results in an annualized cost of approximately $18. 4 million in FY 10.


The bill appropriates FY 09 funds, in the approximate amount of $10 million, to various state agencies to carry out criminal-justice related activities. (See the table below for the distribution. ) The annualized cost of these appropriations, including fringe benefits, is approximately $18. 4 million.

Criminal Penalties

The bill increases penalties associated with the persistent dangerous felony offender statutes, including: (1) doubling the mandatory minimums and penalty ranges for a second strike and subjecting any person convicted of a second strike to a maximum term of imprisonment that is double the maximum sentence available under current law or 40 years, whichever is greater; and (2) tripling the mandatory minimums and minimum range for various crimes, on a third strike.

There are currently 265 offenders under the custody of the Department of Correction (DOC) who meet the criteria to be persistent dangerous felony offenders and are eligible for a life sentence. Additionally, there are 22 crimes that would be subject to the bill's provisions. Currently, there are 4,612 inmates convicted for at least one of these 22 crimes. It is unknown how many offenders had previous convictions and could be affected by the bill. However, to the extent that one offender is sentenced to a year longer sentence, the resulting cost would be $44,165 annually.

It is likely that the number of felony trials would increase under the bill. The magnitude of any such increase is uncertain and would depend on the use of plea (or charge) bargaining. Any substantial increase would result in a significant1 annual state cost to add personnel to the Division of Criminal Justice and/or the Public Defender Services Commission, and to cover various litigation expenses, including expert witness fees. Note that the addition of one attorney with either the Public Defender Services Commission or the Division of Criminal Justice yields a state cost of more than $100,000 to include salary, expenses and fringe benefits. 2

Senate Amendment “B” eliminated the original bill and the associated fiscal impact, and resulted in the fiscal impact described above.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose.

1 OFA defines “significant” as any cost exceeding $100,000.

2 Starting salary $61,899 + fringe benefits equal to 60% of salary $37,139 + expenses $3,095 = $102,133.