COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

1998 REGULAR SESSION 1998-99 INTERIM

MEASURE

98 RS BR / 423 / Amendment: / Committee / Floor
Bill #: / SB 132 / Amendment #
SUBJECT/TITLE / The granting of work release privileges or shock probation.
SPONSOR / Sen. Dan Kelly

MANDATE SUMMARY

Unit of Government: / City; / X / County; / X / Urban County Government

Program/

Office(s) Impacted: / County Jailers
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / X / Modifies Existing / Adds New / Eliminates Existing

PURPOSE/MECHANICS

The bill grants a prisoner the right to petition a Circuit Court for work release privileges. The Circuit Court may either be the court that sentenced the prisoner or the court of the county that incarcerates the prisoner. This bill applies only to Class C or D felons incarcerated in county jails.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The effect of this bill ought to be minimal. Local governments ought not be affected by the provisions of this bill. The Circuit Court system is funded through an appropriation from the General Assembly. Any increased costs to the courts occasioned by this bill will not be borne by local governments.

Jail revenue will be changed, but remain constant. There are 2,056 prisoners currently housed in local detention facilities. The Department of Corrections pays $25.09 per prisoner per day for this service. The money is directed to the local detention facilities.

This bill will change the make-up of payment, not it's amount. The Department of Corrections reports that courts generally grant a $10.00 per day sum to local jails for work release prisoners. The Department of Corrections will reduce their reimbursement to the facility by the amount of the grant. Thus, if a prisoner is granted work release, the court will award $10.00 per day to the detention facility, and the Department of Corrections will reduce its reimbursement to $15.09 per day. Therefore, the detention facility will continue to receive $25.09 per day for the prisoner.

DATA SOURCE(S) / Robert Powell, Department of Corrections; Rita Culbertson, Administrative Office of the Courts.
PREPARER / Joe Pinczewski-Lee / REVIEW / DATE

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