Corretions Impact Statement s12

CORRECTIONS IMPACT STATEMENT

SESSION: 13RS BILL #: SBHB 3 IntroducedGAHCSHFAHCASCSSFASCA 1234567891011121314151617181920 BR #: 922 DOC ID#:

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

SUBJECT: AN ACT relating to human trafficking and making an appropriation therefor.

SUMMARY OF LEGISLATION: Create a new section of KRS Chapter 620 to require that a child who is suspected to be a human trafficking victim be treated as a case of dependency, neglect, or abuse, and provide requirements for how to handle these cases, require the creation of administrative regulations, and require an annual report;…amend KRS 516.030, relating to forgery in the second degree, to include coercing another person to make or obtain a false instrument in the commission of human trafficking;…provide that the Act may be cited as the "Human Trafficking Victims Rights Act.

HCS/LM/CI - Retain original provisions except clarify that the provisions applying to children arise when there is a reasonable cause to believe a child has been the victim of human trafficking and to delete requirement for reports to the Interim Joint Committees on Judiciary and Health and Welfare. SCS

This bill amendment committee substitute is expected to:

Have the following Corrections impact Have no Corrections impact

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 $60.14. 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 prison beds. The Department of Corrections’ cost to incarcerate a felony inmate in a jail is $34.79 per day, not including substance abuse treatment. Projections are based on the daily rate x 365 x number of years.

Projected Impact: NONE MINIMAL MODERATE SIGNIFICANT

Potential Cost: Potential Savings:Potential Impact:Creates no new felonies. Section 2 Expands a Class D felony for a third or subsequent offense to include “any person who knows or has reasonable cause to believe that a child is a victim of human trafficking shall immediately cause an oral or written report to be made to a local law enforcement agency or Department of Kentucky State Police; or the cabinet or its designated representative; or the Commonwealth’s attorney or the county attorney; by telephone or otherwise… Section 26 expands the Class D felony for forgery in the second degree to include a person who, in the commission of a human trafficking offense, coerces another person to falsely make, complete, or alter a written instrument. This bill is expected to have minimal impact on the department.

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. $110,000 to $220,000.1 Class B Felon costs Ky. $220,000 to $440,000.1 Class A Felon costs Ky. a minimum of $440,000. 100 Class D Felons cost $1.3M to $6.4M.100 Class C Felons cost $11M to $22M.100 Class B Felons cost $22M to $44M.100 Class A Felons cost a minimum of $44M.

LOCAL IMPACT: Local governments are responsible for the cost of incarcerating individuals charged with Class A or B misdemeanors and defendants charged with felony offenses until disposition of the case. While the expense of housing inmates varies by jail, the state’s cost to incarcerate a felony inmate in a jail is $34.79 per day.

Potential Cost: Potential Savings: This bill creates no new misdemeanor offenses.Potential Impact: Section 2 Expands a Class B misdemeanor for first offense and Class A misdemeanor for second offence to include “any person who knows or has reasonable cause to believe that a child is a victim of human trafficking shall immediately cause an oral or written report to be made to a local law enforcement agency or Department of Kentucky State Police; or the cabinet or its designated representative; or the Commonwealth’s attorney or the county attorney; by telephone or otherwise…

Based on the state’s cost of $34.79 per day, the impact could be approximated as follows:

A Class B misdemeanor is up to 90 days in jail.A Class A misdemeanor is 90 days to 1 year in jail 10 Class B misdemeanants: up to $31,000.10 Class A misdemeanants: $31,400 to $127,400.

1 Class B misdemeanant: $3,100.1 Class A misdemeanant: $3,100 to $12,700. 100 Class B misdemeanants: up to $310,000.100 Class A misdemeanants: $313,000 to $1.3M.

A Class B misdemeanor is up to 90 days in jail.A Class A misdemeanor is 90 days to 1 year in jail 10 Class B misdemeanants: up to $31,000.10 Class A misdemeanants: $31,400 to $127,400.

1 Class B misdemeanant: $3,100.1 Class A misdemeanant: $3,100 to $12,700. 100 Class B misdemeanants: up to $310,000.100 Class A misdemeanants: $313,000 to $1.3M.

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