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.

As Amended by House "A" (LCO 8655)

House Calendar No.: 537

Senate Calendar No.: 432


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 16 $

FY 17 $

Correction, Dept.; Judicial Dept. (Probation)

GF - See Below

See Below

See Below

Mental Health & Addiction Serv., Dept.

GF - Cost/Savings

See Below

See Below

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill 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.

The bill also makes various changes to the way in which offenders of sexual assault statutes can be sentenced. In general, the bill requires that offenders of certain sexual assault statutes serve longer terms of supervision, but allows for portions of that supervision to either be probation or parole as opposed to incarceration. To the extent that future offenders are sentenced differently under this bill, potential costs for incarceration or probation supervision in the community 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 amendment changes the structure of sentencing for approximately 4% of the prison population, or 475 inmates.

The bill makes various changes to the pre-trial drug and alcohol education programs under the Department of Mental Health and Addiction Services (DMHAS). Limiting eligibility to such programs could result in a revenue loss associated with decreased program and evaluation fees, as well as a savings associated with decreased program expenditures. The impact is dependent upon the change in the number of participants. The Pre-Trial account, which supports this program, has experienced revenues of $2.1 million and expenditures of $2.9 million in FY 15 to date. With the addition of FY 14 carryforward funding, the account is estimated to end the current fiscal year with a balance of $135,000.

The bill increases the penalty and fines for certain motor vehicle related crimes and results in a potential revenue gain as well as a potential cost.

House “A” strikes the underlying bill and replaces it with language that results in the impact described above.

The Out Years

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