AN ACT CONCERNING THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES.

Agency Affected	Fund-Effect	FY 12 $	FY 13 $
Various State Agencies	GF - Potential Savings	See Below	See Below
Judicial Dept.	GF - Potential Revenue Gain	1. 4 million	1. 4 million

Explanation

The bill establishes possession of less than half an ounce of marijuana, for individuals age 18 or older, as an infraction with a fine of up to $500. This change would result in savings to the Department of Public Safety (DPS), the Division of Criminal Justice (DCJ), the Public Defender Services Commission (PDS), the Judicial Department and municipal law enforcement agencies. The bill would also result in a potential annual revenue gain to the General Fund of up to $1. 4 million.

Police

There were 9,290 marijuana arrests of individuals age 18 and older in Connecticut in 2009, which represents 6. 7% of total arrests statewide. Based on a sampling of arrest data compiled by the Department of Public Safety (DPS), approximately 75% of those arrests were for possession of less than half an ounce of marijuana. Therefore, the cases affected by the bill account for an estimated 5. 1% of statewide arrests.

Assuming equivalency of resources allocated to each arrest regardless of type or severity of crime, these cases account for $6. 3 million and $43. 9 million of state and local law enforcement agency resources, respectively. Theoretically, these are resources that would no longer be required due to the elimination of having to process arrests for possession of less than half an ounce of marijuana by individuals age 18 or older. However, this does not account for the range of differences in workload and resources associated with the current range of crimes. As a result, savings in these amounts are calculated estimates, not budgetary achievable amounts, and may not be realized by state and local law enforcement budgets due to the fact that resources would likely be reallocated, rather than eliminated.

In addition, it is important to note that law enforcement is involved in a broader range of activities than arrests alone. Therefore, the estimates described here would be lower based on the actual proportional distribution of police resources.

Criminal Justice Agency Savings

The decriminalization of less than half an ounce of marijuana for individuals age 18 or older would result in a total savings of $885,000 to the Judicial Department, Division of Criminal Justice, and Public Defender Services Commission. A breakout of agency savings is included in the table below:

Agency	Savings
Judicial Department	$ 525,000
Criminal Justice	$ 240,000
Public Defenders	$ 120,000
Comptroller (Fringe Benefits)	$ 135,000
Total Savings	$ 885,000

These savings reflect salaries associated with four State's Attorneys, two Public Defenders, four probation officers, court staff and associated fringe benefits. It is assumed that 2,025 fewer cases involving possession of less than a half an ounce of marijuana will have to be litigated by prosecutors and public defenders and processed by the courts. ¹

Savings estimates also reflect a reduction in the overall low-risk probation caseload. Approximately 1,090 probationers aged 18 years and older are under supervision in the community with possession of less than four ounces of marijuana as their primary charge. ² Decriminalization of less than half an ounce of marijuana for individuals age 18 or older would result in approximately 820 fewer individuals on probation.

No impact upon the Department of Correction is anticipated. As of February 2011 there were 21 individuals incarcerated with CGS 21a-279(c) as their primary charge. Although a case history is not currently available on these individuals, it is likely that their offenses do not fall into the category of possession of less than half an ounce of marijuana.

Revenues from Fines

It is anticipated that making possession of less than a half an ounce of marijuana punishable by a $500 fine only would result in a potential annual revenue gain of $1. 4 million to the General Fund. This estimate assumes that establishment of an infraction only for this offense will greatly increase the frequency with which fines are imposed and collected (at a rate of 75%) for an estimated 5,000 offenders annually. ³

The Out Years

The annualized potential savings identified above would continue into the future subject to inflation; the annualized revenue from fines would remain constant into the future since fine amounts are set by statute.

¹ The Superior Court handles approximately 2,700 cases annually that involve possession of less than four ounces of marijuana for individuals age 18 or older. It is estimated that possession of half an ounce or less of marijuana accounts for 75% of these cases.

² Approximately 1/3 of these offenders are under an administrative form of probation, which does not require ongoing contact with probation officers or contract services.

³ In 2010 there were 8,198 offenses for possession of four ounces or less of marijuana, with $156,500 in revenue collected.

Sources:	Core-CT Financial Accounting System
	Department of Administrative Services website
	Department of Revenue Services
	Connecticut Department of Public Safety
	Federal Bureau of Investigation

Municipalities	Effect	FY 12 $	FY 13 $
Municipal Police Departments	Potential Savings	See Below	See Below