OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

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

sHB-5054

AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE.

AMENDMENT

LCO No.: 5156

File Copy No.: 602

House Calendar No.: 370

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 17 $

FY 18 $

Department of Emergency Services and Public Protection

GF - Potential Cost

See Below

See Below

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost

See Below

See Below

Resources of the General Fund

GF - Potential Revenue Gain

See Below

See Below

Note: GF=General Fund

Municipal Impact:

Municipalities

Effect

FY 17 $

FY 18 $

Municipal Police Departments

Potential Cost

See Below

See Below

Explanation

The amendment strikes the underlying bill and results in the impact described below.

Section 3 requires state marshals executing service for temporary restraining orders where the respondent holds a firearm to request the presence of a police officer, which can be a municipal police office or a member of the state police. The law enforcement agency of the town may designate a police officer to be present when service is executed by the state marshal. To the extent that local police or state police officers incur administrative or mileage expenses, the amendment results in a potential cost to the DESPP and municipalities.

Section 4 requires the chief court administrator to ensure that there is enough office space for a meeting between a state marshal and a restraining order applicant. The amendment does not define office space. Currently, state marshals meet with applicants in the Court Service Centers, found in most courthouses. To the extent that this area of the courthouse is sufficient to meet this provision of the amendment, this section does not result in a fiscal impact.

Sections 7, 15, and 16 expand the crime of criminal possession of a firearm, ammunition, electronic defense weapon, pistol, or revolver, which carries with it a mandatory minimum two year sentence. There are currently 288 offenders incarcerated for criminal possession. In FY 15, there were a total of 872 violations, of which 415 resulted in conviction or plea bargain. To the extent that offenders are prosecuted for new or expanded offenses under this amendment, potential costs for incarceration or probation supervision in the community would result.  On average, it costs the state $7,260 (including benefits) to supervise an inmate in the community as opposed to $61,320 (including benefits) to incarcerate an offender. 

Criminal possession also carries with it a mandatory fine of $5,000, which the court can reduce if it finds sufficient reason. In FY 14, a total of $5,985 in fine revenue was collected. To the extent that the expanded offenses result in additional fines collected, the amendment also results in a potential revenue gain.

Sections 1, 2, 5, 6, 8-14, and 17 make various changes that do not result in a fiscal impact.

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.

Sources:

Judicial Department Offenses and Revenue Database