2013 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.
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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.
(1)
(2)
(3)
(4)
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 staff of the Legislative Research
Commission as having a corrections impact on a "Corrections Impact
Statement" form specified by the Legislative Research Commission.
If a bill, amendment, or committee substitute is identified as having a
corrections impact under subsection (1) of this section, the staff of the
Legislative Research Commission 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) 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)
(h)
(5)
(6)
(7)
(8)
Parole supervision based on the minimum expiration of sentence; and
Treatment, education, and other programs which are to be paid by the
state based on the average costs actually paid by the Department of
Corrections during the previous fiscal year.
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 (5) 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 (7) 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.
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.
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.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 7, effective June 25, 2013. -Amended 2012 Ky. Acts ch. 156, sec. 21, effective July 12, 2012. -- Created
2011 Ky. Acts ch. 2, sec. 74, effective June 8, 2011.
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