Corretions Impact Statement s10

CORRECTIONS IMPACT STATEMENT

SESSION: 12RS BILL #: SBHB 025 IntroducedGAHCSHFAHCASCSSFASCA 1234567891011121314151617181920 BR #: 030 DOC ID#: BR003000.100 - 30 - 48

BILL SPONSOR(S): Rep.Sen. Jenkins AMENDMENT SPONSOR(S): Rep.Sen.

SUBJECT: AN ACT relating to crimes and punishments.

SUMMARY OF LEGISLATION: Amend KRS 508.025, relating to third degree assault, to include an assault on an operator or passenger of a taxi, bus, or other passenger vehicle for hire within that offense; amend KRS 508.050 and 525.060, relating to menacing and disorderly conduct, to increase the penalty for those offenses if the offense is committed against an operator or passenger of a taxi, bus, or other passenger vehicle for hire.

This bill amendment committee substitute is expected to:

Have the following Corrections impact Have no Corrections impact

Creates new crime(s) Repeals existing crime(s)

Increases penalty for existing crime(s) Decreases penalty for existing crime(s)

Increases incarceration Decreases incarceration

Reduces inmate/offender services Increases inmate/offender services

Increases staff time or positions Reduces staff time or positions

Changes elements of offense for existing crime(s)

Otherwise impacts incarceration (Explain)

STATE IMPACT: Class A, B & C felonies are based on an average daily prison rate of $60.02. Upon sentencing, most Class D felons are housed in one of 79 full service jails for up to five years. Certain Class C felons may be housed in full service jails for up to ten years if there are no available state prison beds. The Department of Corrections reimburses the jails at a daily rate of $34.91. Note: projections are based on the daily rate x 365 x number of years (rounded).

Projected Impact: NONE MINIMAL MODERATE SIGNIFICANT

Potential Cost: Potential Savings: Section 1 Expands the definition of assault in the third degree to include assault against an operator or passenger of a taxi, bus, or other passenger vehicle for hire. Assault in the third degree is a Class D felony. This bill is expected to generate a minimal number of new felony commitments to DOC.

A Class D Felony sentence is 1 to 5 years.A Class C Felony sentence is 5 to 10 years.A Class B Felony sentence is 10 to 20 yearsA Class A Felony sentence is 20 years or more. 10 Class D Felons cost $127,000 to $637,000.10 Class C Felons cost $1.1M to $2.2M.10 Class B Felons cost $2.2M to $4.4M.10 Class A Felons cost a minimum of $4.4M.

1 Class D Felon costs Ky. $12,700 to $63,700.1 Class C Felon costs Ky. $109,500 to $219,000.1 Class B Felon costs Ky. $219,000 to $438,000.1 Class A Felon costs Ky. a minimum of $438,000. 100 Class D Felons cost $1.3M to $6.4M.100 Class C Felons cost $11.5M to $22M.100 Class B Felons cost $22M to $44.8M.100 Class A Felons cost a minimum of $44.8M.

LOCAL IMPACT: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and housing those charged with felony offenses until disposition of the case. While the expense of housing inmates varies by jail, the state reimbursement is $34.91 per inmate. Note: projections are based on the daily rate x 365 x number of years (rounded).

Potential Cost: Potential Savings: This bill creates no new misdemeanor offenses. Section 2 Increases the penalty for "menacing" to a Class A misdemeanor when the victim is an operator or passenger of a taxi, bus or other passenger vehicle for hire. Section 3 expands the definition of "disorderly conduct in the second degree" to include when a person intentionally or wantonly throws or projects any object or substance at or near the operator of a taxi, bus or other passenger vehicle for hire. Section 3 increases the penalty for such actions to a Class A misdemeanor. From 1/1/11 to 10/30/11 a total of 1,456 cases were disposed for either menacing or disorderly conduct.

Based on the state reimbursement rate of $34.91 the cost could be approximated as follows:

A Class A Misdemeanor is 90 days to 1 year in jailA Class B Misdemeanor is up to 90 days in jail. 10 Class A Misdemeanants cost $31,400 to $127,400.10 Class B Misdemeanants cost up to $31,000.

1 Class A Misdemeanant costs $3,100 to $12,700.1 Class B Misdemeanant costs up to $3,100. 100 Class A Misdemeanants cost $314,200 to $1.3M.100 Class B Misdemeanants cost up to $310,700.

The following offices contributed to this Corrections Impact Statement:

Dept. of Corrections Dept. of Kentucky State Police Other

Administrative Office of the Courts Parole Board

NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population or that impose new obligations on state or local governments.

APPROVED BY: ______

Commissioner, Kentucky Department of Corrections Date