2011 Kentucky Revised Statutes CHAPTER 6 THE GENERAL ASSEMBLY 6.949 Corrections impact statement -- Conditions in legislation requiring preparation -- Contents of corrections impact statement -- Calculation of costs and savings of creation of new crime or revision of existing crime -- Statement of sponsor regarding source of funds for additional costs of legislation.
KY Rev Stat § 6.949 (1996 through Reg Sess) What's This?
6.949 Corrections impact statement -- Conditions in legislation requiring
preparation -- Contents of corrections impact statement -- Calculation of costs
and savings of creation of new crime or revision of existing crime -- Statement
of sponsor regarding source of funds for additional costs of legislation.
(1)
(2)
(3)
(4)
(5)
(6)
Any bill, amendment, or committee substitute that creates a new crime, increases
the penalty for an existing crime, decreases the penalty for an existing crime,
changes the elements of the offense for an existing crime, repeals an existing crime,
or proposes to increase, decrease, or otherwise impact incarceration shall be
identified by the drafter as having a corrections impact on a "Corrections Impact
Statement" form specified by the Legislative Research Commission.
Any bill, amendment, or committee substitute which permits a state agency to do
any of the acts specified in subsection (1) of this section, even if the action is termed
a regulatory offense by administrative regulation, shall be identified by the drafter
as having a corrections impact in the manner specified in subsection (1) of this
section.
Any bill, amendment, or committee substitute that permits a city, county, urbancounty, charter county, consolidated local government, special district, or any other
subdivision of local government to do any of the acts specified in subsection (1) of
this section by ordinance or any other form of action shall be identified by the
drafter as having a corrections impact in the manner specified in subsection (1) of
this section.
The drafter of any bill, amendment, or committee substitute identified as having a
corrections impact under subsections (1) to (3) of this section shall notify the
sponsor of the bill, amendment, or committee substitute that a corrections impact is
required.
If a bill, amendment, or committee substitute is identified as having a corrections
impact, a "Corrections Impact Statement" shall be prepared by the staff of the
Department of Corrections with the assistance of the Department of Kentucky State
Police, Administrative Office of the Courts, Parole Board, and other persons,
agencies, or organizations deemed necessary by the Department of Corrections staff
assigned to prepare the corrections impact statement. The Department of Kentucky
State Police, Administrative Office of the Courts, Parole Board, and other persons,
agencies, and organizations that have been requested to provide information for the
corrections impact statement shall do so within the period of time specified by the
Department of Corrections staff person requesting the information, which in no case
shall exceed two (2) business days unless an extension is granted by the requesting
staff person.
The corrections impact statement shall contain the estimated costs, estimated
savings, and necessary appropriations based upon:
(a) Incarceration in jail prior to trial and during trial based on the available
information about persons granted bail or other form of pretrial release and the
length of time spent in jail prior to release;
(b)
(7)
(8)
Supervision of a person who has been granted bail or pretrial release based on
the average time spent between the time of release until the time of trial for
the offense;
(c) Incarceration in jail for a misdemeanor following conviction based on the
maximum time of incarceration authorized for the offense;
(d) Incarceration in a state correctional facility for a capital offense, or felony
offense based on the maximum and minimum length of incarceration
authorized for the offense, except for offenses in which incarceration in a
county jail for a Class D felony is required;
(e) Incarceration in a county jail for a Class D felony for which incarceration in a
county jail is authorized based on the maximum and minimum sentence of
incarceration authorized for a Class D felony;
(f) Probation or conditional discharge supervision based on the maximum time of
probation or conditional discharge authorized for the offense;
(g) Parole supervision based on the average length of parole supervision
authorized for the offense assuming full parole supervision; and
(h) Mandated treatment, education, and other programs which are to be paid by
the state, unit of local government, or public agency based on the number of
persons anticipated to be required to complete the program if the education,
treatment, or other program is not normally offered as a part of a defendant's
incarceration and is required to be completed outside of a correctional facility.
Insofar as possible, costs and savings for a change to an existing crime shall be
calculated using:
(a) Arrest data for the crime from the Department of Kentucky State Police;
(b) Pretrial incarceration data from the Administrative Office of the Courts;
(c) Preconviction jail data from the Administrative Office of the Courts;
(d) Conviction data from the Administrative Office of the Courts;
(e) Postconviction jail and imprisonment data from the Department of
Corrections;
(f) Probation and parole data from the Department of Corrections; and
(g) Data from applicable agencies or organizations providing treatment,
education, or other mandated programs.
Insofar as possible, costs or savings for a new crime shall be calculated in the same
manner as specified in subsection (7) of this section using data for similar crimes
unless that is determined by the Department of Corrections staff person to be
impractical or impossible in which case the estimate for a new crime may be
prepared using:
(a) The maximum and minimum length of incarceration for the offense;
(b) An estimate of cost based on ten (10) persons being charged with the offense,
and based on one hundred (100) persons being charged with the offense;
(c)
An estimate of cost based on ten (10) persons and one hundred (100) persons
being convicted of the offense and sent to jail if the offense is a misdemeanor
using the criteria specified in subsection (9) of this section; and
(d) An estimate of cost based on ten (10) persons and one hundred (100) persons
being convicted of a felony offense requiring imprisonment in a state-operated
correctional facility unless the offense is a Class D felony for which
imprisonment in a county jail is required in which case the cost shall be based
on the amount paid by the Department of Corrections for a person
incarcerated in a county jail for a Class D felony.
(9) Costs or savings shall be based on the average costs actually paid by the Department
of Corrections during the previous fiscal year for incarceration of a person in a state
correctional facility, the average cost for supervision of a person placed on
probation without electronic monitoring, the average cost of a person placed on
probation with electronic monitoring, the average cost of parole supervision without
electronic monitoring, and the average cost of parole supervision with electronic
monitoring.
(10) The sponsor of any bill or amendment or sponsor of a proposed committee
substitute adopted by a committee that is identified as having a corrections impact
shall identify in writing where the funds to pay for additional costs of the proposal
will come from either by reducing other expenditures, additional revenues, or
otherwise. The sponsor's statement shall be included with the corrections impact.
(11) If an amendment to a bill is combined into a committee substitute or a GA version
of the bill is created incorporating a floor amendment, a new corrections impact
statement shall be prepared combining the information in the original bill as
modified by the amendment.
(12) A bill, amendment, or committee substitute shall not be considered for final passage
unless the corrections impact and latest revised corrections impact, if required, has
been made available to the members of the House of Representatives or the Senate,
as appropriate, on the day prior to the day the bill, amendment, or committee
substitute is to be voted on for final passage.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 2, sec. 74, effective June 8, 2011.
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