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LCO No.: 4841

File Copy No.: 436

Senate Calendar No.: 265

OFA Fiscal Note


The amendment strikes the language of the bill and eliminates the associated fiscal impact. Instead, the amendment makes the changes described below.


The amendment 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 amendment 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 amendment'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 amendment. 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 amendment. 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

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.