Corretions Impact Statement s10

CORRECTIONS IMPACT STATEMENT

SESSION: 12RS BILL #: SBHB 466 IntroducedGAHCSHFAHCASCSSFASCA 1234567891011121314151617181920 BR #: 1779 DOC ID#: BR177900.100 - 1779 - 5091

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

SUBJECT: AN ACT relating to crimes and punishments.

SUMMARY OF LEGISLATION: Create a new section of KRS Chapter 521, relating to bribery and corrupt influences, to prohibit probation or shock probation for a public officer or employee convicted of a bribery or related offense; amend KRS 522.050, relating to abuse of the public trust, to prohibit probation or shock probation for a public officer or employee convicted of the offense.

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

Potential Cost: Potential Savings:Potential Impact: Section 1 Prohibits the granting of probation or shock probation when a public servant abuses public trust. Abuse of public trust is a Class D felony if the value of the public money or property is less than $10,000; a Class C felony if the value is $10,000 to $100,000 and a Class B felony if the value is $100,000 or more. In CY 2011 there were four (4) Class D felony convictions, three (3) Class C convictions, and no Class B convictions. This bill is expected to have minimal impact on prison population.

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.

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.

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:

Potential Cost: Potential Savings: This bill creates no new misdemeanor offenses.Potential Impact:

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