OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

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

sHB-5586

AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES CONCERNING THE CRIMINAL JUSTICE SYSTEM.

As Amended by House "A" (LCO 5506)

House Calendar No.: 388

Senate Calendar No.: 585


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 15 $

FY 16 $

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Judicial Dept.

CICF - Potential Revenue Gain

See Below

Approximately 260.000

Criminal Justice, Div.

GF - Potential Revenue Gain

See Below

Approximately 130,000

Municipal Impact:

Municipalities

Effect

FY 15 $

FY 16 $

Municipal Police Departments

Potential Revenue Gain

See Below

Approximately 910,000

Explanation

The bill results in a potential revenue gain to the state and municipalities by altering forfeiture provisions related to money and property seized in connection to specific non-drug crimes. The bill specifies that seized money, which is currently deposited into the General Fund, be distributed as follows: 70% to the law enforcement agency that investigated the crime and seized the funds, for use in the agency's law enforcement activities, 20% to the Criminal Injuries Compensation Fund, and 10% to the Division of Criminal Justice.

Under current law, very few non-drug cases result in asset forfeiture. The bill is anticipated to result in comparable asset forfeiture to drug asset forfeiture cases, which results in approximately $1.3 million each year. Local law enforcement agencies would receive approximately $910,000, the Criminal Injuries Compensation Fund would receive approximately $260,000, and the Division of Criminal Justice would receive approximately $130,000. Minimal revenue is anticipated in FY 15 as few cases are expected to be completed in FY 15. On average each case results in approximately $450 of assets.

The distribution of seized funds sunsets after FY 16. Instead, beginning in FY 17, all seized funds would be deposited into the General Fund.

In addition, the bill expands the type of property that can be seized and forfeited related to sexual exploitation and human trafficking crimes. Current law requires that seized property must be connected to pecuniary gain. The bill no longer requires these actions to be connected to pecuniary gain.

The bill increases the penalty for fraudulent use of an ATM. In FY 13 there were no convictions and no fines collected for this offense.

The bill alters the penalties for issuing a bad check, increasing the range of the bad check and in most cases, reducing the penalty. In FY 13, there were 13 convictions for this offense, resulting in approximately $3,700 in fines.

The bill adds sections that do not result in a fiscal impact. The amendment allows participants of the community service labor program to request their court file sealed. The amendment allows participants of the pretrial accelerated rehabilitation program to request their court filed sealed and also prohibits specific crimes from participation in the program.

The bill sets out the procedure for applying for and obtaining a search warrant in order to use a tracking device and does not result in a fiscal impact.

House “A” adds language creating the sunset provision for the distribution of seized funds and adds additional sections that do not result in a fiscal impact.

The Out Years

The distribution of seized funds sunsets after FY 16. Instead, beginning in FY 17, all seized funds would be deposited into the General Fund.

Sources:

Judicial Department Offenses and Revenue Database

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.