CORRECTIONS IMPACT STATEMENT

Revised 2/26/03

BR# 251

Bill Number: HB 490

Subject: AN ACT relating to crimes and punishments

Sponsor(s): Rep Stacy

Introduction Date:2/13/03 Assignment Date:

Due Date:

Text of Legislation:

Amend KRS 189A.010 relating to driving under the influence to prohibit operating a motor vehicle when having any quantity of Schedule I controlled substance in the blood or urine; amend KRS 189A.050, 189A.070, 189A.085, 189A.090, 189A.103, and 189A.240 to conform.

Summary Impact -- Indicate affected service levels, workloads, staff and program areas (describe any coordination issues with other state/external agencies or groups):

This bill expands the definition of Driving Under the Influence to include having any quantity of a Schedule I controlled substance in the bloodstream.
Over the past 24 months, an average of over 800 felons per year were committed to the Department of Corrections for possession of controlled substances I. Estimating that one half of those commitments were for possession of Schedule I controlled substances, the Department of Corrections believes there is a significant drug using population who could be prosecuted for this offense. The Department estimates that this bill could result in 42 total commitments throughout the course of FY 04, with a sentence of two years (15.1 months served), and a total of an additional 42 commitments throughout the course of FY 05.

Fiscal Impact -- Also include increased/decreased administrative cost and whether new fund sources would be required (identify fund sources, and GOPM staff person consulted):

This bill could result in 32 additional inmates added to the Department’s ADP (Average Daily Population) over the course of FY 04, at a cost of $330,700, and 63 additional inmates added to the Department’s ADP over the course of FY 05, at a cost of $681,000.
NOTE: In all cases, consideration should be given to the cumulative impact of all bills that increase the felon population and therefore impose new cost obligations on the Department of Corrections.

Will Administrative Regulations be required or will existing regulations need revision? Yes No

Approved By: Date

Title: Commissioner

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Revised: