OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 ↓ (860) 240-0200

http: //www. cga. ct. gov/ofa

sSB-1014

AN ACT CONCERNING THE PENALTY FOR CERTAIN NONVIOLENT DRUG OFFENSES.

As Amended by Senate "A" (LCO 8294), Senate "B" (LCO 8299)

Senate Calendar No. : 396

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

The bill decriminalizes possession of less than one-half ounce of marijuana. 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 $618,750.

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:

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

The bill reduces the fines for possession of less than one-half ounce of marijuana. Specifically, it reduces the fine for a first offense from $1,000 to $150, and for a second or subsequent offense from $3,000 to $200 - $500. It is anticipated that making possession of less than a half an ounce of marijuana punishable by a $150 fine would result in a potential annual revenue gain of $618,750 to the General Fund. ³ This estimate assumes that establishment of a lower fine and allowing it to be paid via mail will greatly increase the frequency with which fines are imposed and collected (at a rate of 75%) for an estimated 5,000 offenders annually. ⁴

Senate “A” strikes the underlying bill and its associated fiscal impact and results in the impact described above.

Senate “B” requires a person who has been found guilty after a trial or has twice entered pleas of 'nolo contendere' for possession of less than half an ounce of marijuana to participate in a drug education program. As this provision specifies participation in the program will be at the offender's own expense, this requirement does not result in increased costs to the state.

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.

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. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.