Legislative Impact Analysis for the 2009 General Assembly

Code of Virginia § 30 -19. 1: 4 ÷ The Virginia Criminal Sentencing Commission must prepare a fiscal impact statement for any bill that would result in a net increase in the population of offenders housed in state adult correctional facilities. ÷ Current law became effective July 1, 2000. ÷ Effective July 1, 2002, the impact statement must: Include analysis of the impact on local and regional jails as well as state and local community corrections programs; and Detail any necessary adjustments to the sentencing guidelines. Virginia Criminal Sentencing Commission 2

Code of Virginia § 30 -19. 1: 4 ÷ To prepare the impact statement, the Commission must estimate the increase in annual operating costs for state adult correctional facilities that would result if the proposal were to be enacted. A six-year projection is required. The highest single-year increase in operating costs is identified. This amount must be printed on the face of the bill. Virginia Criminal Sentencing Commission 3

Code of Virginia § 30 -19. 1: 4 ÷ For each law enacted that results in a net increase in the prison population, a one-year appropriation must be made. ÷ Appropriation is equal to the highest single-year increase in operating cost during the six years following enactment. Appropriations made per § 30 -19. 1: 4 are deposited into the Corrections Special Reserve Fund. Virginia Criminal Sentencing Commission 4

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Code of Virginia § 30 -19. 1: 4 ÷ The Department of Juvenile Justice, in conjunction with the Department of Planning and Budget, must prepare a fiscal impact statement for any bill that would result in a net increase in the population committed to the Department of Juvenile Justice. ÷ The Department of Juvenile Justice provides this information to the Commission and a combined statement is submitted to the General Assembly. Virginia Criminal Sentencing Commission 6

Code of Virginia § 30 -19. 1: 4 ÷ The requirement for an impact statement includes, but is not limited to, proposals that: Add new crimes for which imprisonment is authorized; Increase the periods of imprisonment authorized for existing crimes; Raise the classification of a crime from a misdemeanor to a felony; Impose minimum or mandatory terms of imprisonment; or Modify the law governing release of prisoners. Virginia Criminal Sentencing Commission 7

Legislative Impact Analysis ÷ The necessary appropriation is calculated by: ÷ Estimating the net increase in the prison population likely to result from the proposal during the six years following enactment; Multiplying the highest single-year figure by the cost of holding a prison inmate for a year (operating costs, excluding capital costs); For FY 2008, the annual operating cost per prison inmate was $27, 294. This figure is provided each year by the Department of Planning and Budget. Virginia Criminal Sentencing Commission 8

Legislative Impact Analysis ÷ Additional impact analyses may be conducted by request of: House Appropriations staff Senate Finance staff Department of Planning and Budget staff Virginia Criminal Sentencing Commission 9

Impact Analyses Completed, 2002 -2009 General Assemblies Virginia Criminal Sentencing Commission 10

2009 General Assembly – 117 Impact Analyses Completed Type of Legislative Change % of Analyses Expansion or Clarification of Crime 60. 7% New Crime 32. 5% Mandatory Minimums 8. 5% Misdemeanor to Felony 6. 0% Increase Misdemeanor Penalty 1. 7% Death Penalty 0. 8% Percentages do not add to 100% as proposed legislation can involve multiple types of changes. Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are adopted. Virginia Criminal Sentencing Commission 11

Types of Offenses in Proposed Legislation ÷ Sex Offenders and Offenses (15 analyses) Expansion of offenses requiring registration or registration as a “sexually violent” offender Increase in penalty for Registry violation Expansion of the definition of indecent liberties Expansion of civil commitment Virginia Criminal Sentencing Commission 12

Types of Offenses in Proposed Legislation ÷ Weapons (13 analyses) Criminal history record checks for gun purchases Possession of firearm by minor show Possession of airsoft gun Possession of ammunition by felon Redefinition of explosive devices Possession of registered silencer Virginia Criminal Sentencing Commission 13

Types of Offenses in Proposed Legislation ÷ Murder (11 analyses) Capital Murder – Addition of auxiliary law enforcement officers – Addition of fire marshals Expands application of death penalty when the defendant is not the shooter Virginia Criminal Sentencing Commission 14

Types of Offenses in Proposed Legislation ÷ Assault (10 analyses) Assault of a law-enforcement officer – Addition of auxiliary law enforcement officer – Addition of campus law enforcement officer – Addition of Washington Metropolitan Airport Authority officer – Addition of animal control officer – Addition of emergency room personnel Assault of a family member in presence of minor Virginia Criminal Sentencing Commission 15

The Iterative Process of Legislative Impact Analysis ÷ Senate Bill 522 from the 2008 session Assault of a law-enforcement officer Introduced: $54, 101 (addition of ABC agents to § 18. 2 -57(C)) Senate Courts Committee Substitute: $80, 181 (addition of ABC agents, DMV enforcement officers and Virginia Marine Police to § 18. 2 -57(C)) Senate Engrossed bill: $80, 181 (inclusion of an enactment clause specifying that the provision will not become effective unless an appropriation is made) House Courts Committee Amendment: $54, 101 (removal of DMV enforcement officers and Virginia Marine Police) Left in House Appropriations Committee Virginia Criminal Sentencing Commission 16

Proposal to Raise a Misdemeanor to a Felony ÷ House Bill 1979 - Stalking under certain circumstances The proposal amends § 18. 2 -60. 3 by increasing the penalty from a Class 1 misdemeanor to a Class 6 felony if: – the offender had previously been convicted for stalking within the past five years, or – there is a protective order that prohibits contact between the offender and victim (including the victim’s family) The proposal was left in the House Courts of Justice Committee. Virginia Criminal Sentencing Commission 17

Proposal to Create a New Crime ÷ House Bill 2175/Senate Bill 1347 - Renewable energy projects The proposed legislation creates a process for allowing certain renewable energy projects to be developed. Proposal defines three new crimes for violation of the provisions, the most serious of which (a knowing violation that places another in imminent danger of death or serious injury) has a penalty range of 2 to 15 years. House and Senate versions are identical and are awaiting the Governor’s decision. Virginia Criminal Sentencing Commission 18

Proposal to Expand an Existing Crime ÷ House Bill 2227 - Concealed airsoft guns The proposed legislation amends § 18. 2 -308 to add any weapon designed to expel a projectile at a speed of more than 250 feet per second by compressed air or gas as an unlawful concealed weapon. The proposal was left in the House Militia, Police and Public Safety Committee. Virginia Criminal Sentencing Commission 19

Proposal to Add Mandatory Minimum Sentences ÷ Senate Bill 951 - Assault on a law-enforcement officer The proposal amends § 18. 2 -57 to add Metropolitan Washington Airports Authority (MWAA) police officers to the definition of law-enforcement officer. The penalty includes a six-month mandatory minimum that, if enacted, would apply to those assaulting MWAA police officers. The bill is awaiting the Governor’s decision. Virginia Criminal Sentencing Commission 20

Proposal to Add a New Penalty Classification ÷ Senate Bill 1422 – Felony larceny threshold and new class of misdemeanor The proposal raises the threshold for felony larceny from $200 to $500. The proposal creates a new penalty class called an Aggravated Class 1 misdemeanor, punishable by up to 24 months in jail. – Eight crimes are raised from Class 1 misdemeanors to the new Aggravated Class 1 misdemeanor. Larceny offenses involving $200 to $499 would be punished as Aggravated Class 1 misdemeanors. The proposal expands the predicate acts used to define criminal street gangs and gang activity. Virginia Criminal Sentencing Commission 21

Proposal to Add a New Penalty Classification ÷ Senate Bill 1422 (continued) The net impact of the bill would result in a reduction of prison beds; therefore, the dollar figure required by § 30 -19. 1: 4 is zero. Staff disaggregated the impact of the different elements of the proposal. – Felonies reduced to the new Aggravated Class 1 misdemeanor would decrease prison beds but increase jail beds. – Misdemeanors increased to the new Aggravated Class 1 misdemeanor would increase jail beds. – Expanded gang predicate crimes would increase both prison and jail beds. Virginia Criminal Sentencing Commission 22

Proposal to Add a New Penalty Classification ÷ Senate Bill 1422 (continued) By running multiple simulation models, staff calculated the net impact of the proposal would result in 192 fewer prison beds and 91 additional jail beds needed by the end of FY 2015. The proposal failed to report from the Senate Courts of Justice Committee (7 yea, 7 nay, 1 abstention). Virginia Criminal Sentencing Commission 23

Governor’s Proposed Budget The House and the Senate left this new language in the budget. Virginia Criminal Sentencing Commission 24

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