Corretions Impact Statement s1

CORRECTIONS IMPACT STATEMENT

SESSION: 12RS BILL #: SBHB 4 IntroducedGAHCSHFAHCASCSSFASCA 1234567891011121314151617181920 BR #: 171 DOC ID#: HB000410.100 - 171 - 6409

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

SUBJECT: AN ACT relating to controlled substances and making an appropriation therefor.

SUMMARY OF LEGISLATION: CHCS/LM/CI - Retain most original provisions; …HFA (9, G. Stumbo) - Retain most provisions of committee substitute; require sharing of reports to the extent permitted by law; require licensing board which receives a report to provide specified due process; require licensing board to withhold action against a licensee upon request of a law enforcement agency if board action might jeopardize a law enforcement investigation; expand period for board action from 60 to 120 days; permit sharing of patient records maintained by a practitioner to patient and persons authorized by law to view them; limit most practitioners to dispensing a 48-hour supply of a Schedule II or III controlled substance, exempt licensed Narcotic Treatment programs; permit optometrist to prescribe controlled substance in conformity to optometry law; permit dentist to prescribe a three day supply of controlled substance following oral surgery; exempt a primary care center licensed pursuant to KRS Chapter 216B from definition of pain clinic; replace felony penalties for failure to report to KASPER with misdemeanor penalties; clarify provisions relating to making material false statement in application for a practitioner license.

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:

Projected Impact: NONE MINIMAL MODERATE SIGNIFICANT

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).

Potential Cost: Potential Savings: This bill creates no new misdemeanor offenses.Potential Impact: Section 5 Changes the offense of failure by a dispenser to transmit data from a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense to a Class B misdemeanor and a Class A misdemeanor respectively. Changes the offense of intentional disclosure of transmitted data to an unauthorized person from a Class D felony or first offense and Class C felony for second and subsequent offense to a Class B misdemeanor for first offense and Class A misdemeanor for second and subsequent offenses.

Based on the state’s cost of $34.91per 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 $310,700.100 Class A misdemeanants: $314,200 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 $310,700.100 Class A misdemeanants: $314,200 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