FISCAL NOTE

Date Requested: January 17, 2018
Time Requested: 02:46 PM
Agency: Auditor, State of WV
CBD Number: Version: Bill Number: Resolution Number:
1410 Introduced HB4160
CBD Subject: Crime


FUND(S):

State Funds

Sources of Revenue:

Special Fund

Legislation creates:

Decreases Existing Revenue, Decreases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    The purpose of proposed House Bill 4160 is to remove the posting of Bail as the primary way of establishing conditions for release of pretrial defendants.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2018
Increase/Decrease
(use"-")
2019
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


    The proposed legislation appears to have potential financial impacts with regard to Regional Jail Fees paid by counties to the various Regional Jails to house prisoners. If the need for posting of Bail is significantly curtailed, the likelihood of a prisoner being unable to post Bail and thereby, be remitted into the regional jail system as a detainee would decline. However, our discussions with various Circuit Clerks indicate that the vast majority of persons arrested under current law are able to either make established Bail or have their Bail reduced. Accordingly, the incidence of suspects remaining in jail and unable to make Bail is low.
    
    The more substantial impact will potentially be on the revenue collections into the Courthouse Facilities Improvement Fund (CFIF) authorized by Chapter 29, Article 26 of the West Virginia Code from which collected funds are used to fund grants made by the Courthouse Facilities Improvement Authority (CFIA) for the funding of approved modifications or construction of court facilities around the State, as well as, paying the expenses of the CFIA. Under current law, a fee of $25 is assessed in accordance with Chapter 59, Article 1, Section 11, Subsection (d) of the West Virginia Code by the respective circuit clerks of the various counties for services rendered for processing of criminal bonds. The collections authorized by this Code section are deposited, along with other fees, into the CFIF. Therefore, any changes in State law which reduce the requirement for the posting of criminal bonds will have negative monetary impacts on the CFIF.
    



Memorandum


    Since the CFIF is funded by multiple fees, all of which are deposited into a singular State account, it is not possible to determine the likely financial impact of substantial elimination of the posting of criminal bond as envisioned by the proposed legislation.



    Person submitting Fiscal Note: Michael E. Sizemore, CPA
    Email Address: Mike.Sizemore@wvsao.gov