OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

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

sHB-5593

AN ACT CONCERNING DOMESTIC VIOLENCE AND SEXUAL ASSAULT.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 15 $

FY 16 $

Judicial Dept.

GF - Cost

Up to 1.4 million

Up to1.6 million

State Comptroller - Fringe Benefits1

GF - Cost

186,489

234,976

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Correction, Dept.

GF - Potential Cost

See Below

See Below

Various State Agencies

GF - Potential Cost

Up to 1,000

Up to 1,000

Municipal Impact: None

Explanation

Judicial Department

Section 1 of the bill allows judges to order specified financial support in civil restraining orders and results in costs of $174,329 for three positions and other expenses in FY 15 and $209,195 in FY 16. There is an additional cost of $60,866 in FY 15 and $76,691 in FY 16 for fringe benefits. The new positions will assist with the preparation of financial affidavits and calculation of recommended support.

sHB 5030, the revised FY 15 budget, as favorably reported by the Appropriations Committee, provides funding of $104,598 in FY 15 for half-year funding for the three positions and other expenses and $36,520 for fringe benefits.

Sections 21 and 26 expand who can apply for a civil protective order results in costs of $574,054 in FY 15 and $667,603 in FY 16 for 6 positions to process approximately 4,000 new orders and state marshals to deliver the service of process orders. An additional $125,623 in FY 15 and $158,285 in FY 16 would be needed for fringe benefits.

sHB 5030, the revised FY 15 budget, as favorably reported by the Appropriations Committee, provides funding of $430,566 in FY 15 for half-year funding and $75,374 for fringe benefits.

Section 22 creates a new Class D felony for criminal violation of a civil protective order. To the extent that offenders are prosecuted for this new offense, potential costs for incarceration would result. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender.

Section 24 expands the definition of 1st degree criminal trespass and results in a potential revenue gain for additional fines. In FY 13, there were 28 offenses under the current statute with fine revenue of $9,500.

Sections 29 and 31 require the chief court administrator to allow up to 16 family violence victim advocates to provide services in the Superior Court's family division in each judicial district. This results in costs of up to $647,000 in FY 15 and $776,000 in FY 16 for 16 contracted victim advocates. sHB 5030, the revised FY 15 budget, as favorably reported by the Appropriations Committee, includes half-year funding of $48,500 for two victim advocates.

Department of Correction

Section 1 also enhances penalties for unclassified felonies that result in potential costs to the Department of Correction. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender.

Sections 3 – 9 create new, unclassified felonies and enhances penalties for certain offenses. The bill enhances the penalty for certain violations of 53a-223 and its subsections. On average, 30 offenders are prosecuted or accept plea bargains under this statute annually. Additionally, the bill enhances penalties for certain criminal violation of restraining and criminal protective orders. To the extent that offenders are prosecuted for new or expanded offenses under this bill, potential costs for incarceration would result. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender. 

Section 12 broadens the crime of 1st degree harassment and results in a potential cost to the Department of Correction. The bill expands the bill to include other forms of communication, and could result in increased offenders being charged. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender.

Section 27 adds a minimum mandatory sentence for violation of 53a-70b. On average seven offenders are prosecuted or accept plea deals under this statute annually. The majority of those offenders are sentenced to over one year in prison. To the extent that future offenders are prosecuted under this bill and sentenced to longer prison sentences, costs for incarceration would result. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender.

Section 28 results in a potential cost to the Department of Correction by adding violation of a standing criminal protective order to statutes enhancing penalties for persistent offenders. On average, 15 offenders are convicted or accept plea bargains under this statute annually. To the extent that future offenders qualify under the persistent offender statutes and are sentenced to longer prison sentences, costs for incarceration would result. On average, it costs the agency $50,690 (including benefits) to incarcerate an offender annually.

Various State Agencies

Section 2 may result in a cost of less than $1,000 in FY 15 to those agencies participating in the task force to reimburse legislators and agency staff for mileage expenses.

Sections With No Impact

Sections 10, 11, 13-20, 23, 25, 30 & 32 make various changes that do not result in a fiscal impact.

The Out Years

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

1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated active employee fringe benefit cost associated with most personnel changes is 36.66% of payroll in FY 15 and FY 16.