CORRECTIONS IMPACT STATEMENT

SESSION: 12RS BILL #: 528 BR #: 1978 DOC ID#: BR197800.100 - 1978 - 5415

BILL SPONSOR(S): Napier AMENDMENT SPONSOR(S):

SUBJECT: AN ACT relating to prisoners.

SUMMARY OF LEGISLATION: Amend KRS 439.3405, relating to parole of prisoners with documented terminal medical conditions, to permit the parole board to review prisoners with substantial or chronic medical conditions for parole after they have served at least 50 percent of their sentences if their condition would be treated more effectively on parole.

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 prison beds. The Department of Corrections’ cost to incarcerate a felony inmate in a jail is $34.91 per day. Note: projections are based on the daily rate x 365 x number of years (rounded).

Projected Impact: NONE MINIMAL MODERATE SIGNIFICANT

Section 1 Savings would be offset by the additional costs associated with the Parole Board notifying victims and holding hearings.This bill does not exclude violent offenders or sex offenders from being eligible for medical parole.

For comparison purposes, in the past two calendar years the Parole Board has granted medical parole for only six inmates. These inmates were terminally ill and deemed to be very low risk to the community. It is unlikely that this bill would result in a significant increase in medical paroles.

LOCAL IMPACT: Local governments are responsible for the cost of incarcerating individuals charged with Class A or Class 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’s cost to incarcerate a felony inmate in a jail is $34.91 per day. Note: projections are based on the daily rate x 365 x number of years (rounded).

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