OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

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

sSB-1105

AN ACT CONCERNING REVISIONS TO THE CRIMINAL JUSTICE STATUTES.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 16 $

FY 17 $

Criminal Justice, Div.

GF - Savings

190,000

190,000

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

Section 1 of the bill requires a person's probation term to begin after serving any prison sentence. This results in a cost for the occasions when a person is serving a prison sentence and probation term concurrently. On average it costs the Judicial Department approximately $6,050 (including fringe benefits) to supervise a person in the community.

Section 2 makes a bondsman, surety bail bond agent, or insurer responsible under certain circumstances for paying the costs of returning a person to the state. These costs are currently paid by the Division of Criminal Justice and the bill is anticipated to result in savings of approximately $190,000 annually.

Section 3 adds home invasion to the crime of felony murder, punishable by 25 to 60 years in prison or a fine of up to $20,000, or both. To the extent that offenders are prosecuted for new or expanded offenses under this bill, potential costs for probation and supervision in the community or incarceration would result.  On average, it costs the agency $6,050 (including benefits) to supervise an inmate in the community as opposed to $50,690 (including benefits) to incarcerate an offender. In FY 14, there were 26 charges of felony murder under the current statute, of which seven were found guilty or resulted in a plea bargain.

Section 4 increases the penalty for a 2nd degree assault when it results in serious physical injury, making it a class C felony instead of a class D felony. In FY 14 there were 1,377 charges of 2nd degree assault, 664 resulted in convictions or plea bargains. It is unclear how many of those resulted in serious physical injury. To the extent that offenders are prosecuted for new or expanded offenses under this bill, potential costs for probation and supervision in the community or incarceration would result.  On average, it costs the agency $6,050 (including benefits) to supervise an inmate in the community as opposed to $50,690 (including benefits) to incarcerate an offender.

Sections 5-7 make changes to the sex offender registration period and do not result in a fiscal impact.

Section 8 expands the crime of simple trespass, eliminating the action as an act of criminal trespass. Simple trespass is an infraction and carries a fine of between $100 to $300.

Sections 9-11 expands the scope of tampering with or intimidating a witness and tampering with evidence, which are class C felonies. In FY 14 there were 305 charges under these crimes, 76 which resulted in convictions. To the extent that offenders are prosecuted for new or expanded offenses under this bill, potential costs for probation and supervision in the community or incarceration would result.  On average, it costs the agency $6,050 (including benefits) to supervise an inmate in the community as opposed to $50,690 (including benefits) to incarcerate an offender.

The Out Years

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

Sources:

Department of Correction Summary of Offenders by Controlling Offense, as of 1/1/2015

 

Judicial Department Offenses and Revenue Database