Local Mandate Fiscal Impact Estimate

Kentucky Legislative Research Commission

2012 Regular Session

Part I: Measure Information

Bill Request #: / 369 R1
Bill #: / HB 483
Bill Subject/Title: / Persons convicted of a violation involving the theft of metals
Sponsor: / Representative Myron Dossett
Unit of Government: / x / City / x / County / x / Urban-County
x / Charter County / x / Consolidated Local / x / Unified Local Government
Office(s) Impacted: / Local jails
Requirement: / x / Mandatory / Optional
Effect on
Powers & Duties: / Modifies Existing / x / Adds New / Eliminates Existing

Part II: Purpose and Mechanics

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HB 483 creates a new section of KRS Chapter 433 to ban any person convicted of a violation involving specified types of stolen metals from selling, bartering, or attempting to sell these items (for which recordkeeping is required) during the period for which he or she is banned. If convicted for violating the ban, provide that the person is guilty of a Class D felony.

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Part III: Fiscal Explanation, Bill Provisions, and Estimated Cost

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The fiscal impact of the implementation of HB 483 would be on local jails. The measure provides that any person convicted of a violation for selling specified or attempting to sell certain metals for which recordkeeping is required and who is subsequently banned from that activity, and who then proceeds to violate that ban, shall be guilty of a Class D felony. The number of cases of repeat offenders is expected to be small.

In practice, the only way the local law enforcement would know of a banned and repeat offender’s attempt to sell specified items would be if the dealer/recycler called law enforcement and an officer came to that place of business to arrest the offender if that person is still there. It is unlikely that many persons on the banned list due to a prior conviction would remain on the premises of the dealer/recycler’s place of business once notified of the ban. Thus the number of cases is expected to be small.

HB 483 creates a Class D felony offense and provides a penalty for violation. Local governments are responsible for the cost of incarcerating individuals who are charged with a felony (if they do not make bail) until disposition of the case. While the expense of housing inmates varies widely by jail, each additional inmate will increase facility costs by an estimated average of $31.34 per day. Upon sentencing, all Class D felons are housed in any one of 79 full service jails for up to five years. The state reimburses at the rate of $31.34[[i]] a day for these convicts, which may or may not cover the cost of housing the felon in a local facility.

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Data Source(s): / Kentucky Association of Chiefs of Police
Preparer: / Dianna McClure / Reviewer: / Date:

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[[i]] Kentucky Department of Corrections