Colorado Legislative Council Staff

STATE

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0308

Rep. Tate

Sen. Perlmutter

Date:

Bill Status:

Fiscal Analyst:

February 2, 1999

House Judiciary

Jonathan Lurie (303-866-2677)

 

TITLE:            CONCERNING REDUCTION IN CORRECTIONS EXPENDITURES.



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund


 


 

State Expenditures

General Fund


($14,463)


($148,648)

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: None.

Effective Date: Upon signature of the Governor.

Appropriation Summary for FY 1999-2000:($14,463) GF to the Department of Corrections

Local Government Impact: None.



Summary of Legislation


            The bill requires any offender who is convicted of a third felony, that is a class 2 or class 3 felony or a crime of violence, and has had two prior felony convictions in the last ten years, to be sentenced to three times the maximum of the presumptive range. It requires an offender to be sentenced to four times the maximum of the presumptive range when it is their fourth felony conviction that is a class 2 or class 3 or a crime of violence.


            The bill makes it mandatory for a person convicted of their third felony conviction, if the felony is a class 2, 3 or 4, or any felony that is a crime of violence, to be sentenced to the Department of Corrections. This bill will apply only to sentences entered on or after the bill passes.


            Current Law. Under current law, an offender who is convicted of a third offense within a ten year time frame, and their third conviction is for a class 1, 2, 3, 4, or 5 felony, that offender is considered an habitual criminal and must be punished for three times the maximum sentence of the presumptive range. If the offender is convicted of a fourth offense of any felony class, that offender is considered an habitual criminal and must be punished for four times the maximum sentence of the presumptive range. This proposed changes would remove class 4 and 5 felonies (unless a crime of violence) from the requirement of a prison sentence of 3 times the maximum presumptive range. Convictions for class 4, 5 and 6 felonies with 3 previous convictions would no longer require a sentence of 4 times the maximum presumptive range.



State Expenditures


            The provisions of this bill will create a savings to the Department of Corrections of $2.5 million over the next five fiscal years. The average sentence for a fourth time offender is 30.2 years for a class 4 felony and 12.0 years for a class 5 felony and 6.0 years for a class 6 felony. The average sentence for a third time offender convicted under this statute is 28.0 years for a class 4 felony and 9.0 years for a class 5 felony. By eliminating these three felony classes from habitual convictions, these offenders will be sentenced to prison but for a significantly shorter period of time.


            In FY 1997-98, the Department of Corrections received 35 commitments for habitual offender sentences other than a life term. Tables 1 and 2 provide details as to the felony class, the offense, the number of commitments, and the average prison sentence for habitual offenders.


Table 1: Crime and Sentence of Imprisoned Habitual Offenders, FY 1997-98

Three Previous Convictions ("big habitual")


Felony class

Offense

Number of offenders

Sentence Length* (years)

4

Sexual Assault - child

1

64.0

4

2nd degree Sexual Assault

2

32.0

4

Robbery

2

24.0

4

Theft - less than $15,000

2

24.0

4

Possession, schedule. II controlled substance

2

24.0

Felony 4 subtotal and average sentence

9

30.2 years

5

Attempted Robbery

1

12.0

5

3rd degree Burglary

1

12.0

5

1st degree Criminal Trespassing

1

12.0

5

Forgery

1

12.0

Felony 5 subtotal and average sentence

4

12.0 years

6

Habitual Traffic Offender

2

6.0

6

Criminal Impersonation

1

6.0

Felony 6 Subtotal and average sentence

3

6.0 years

            * Some sentences include effects of consecutive sentences


Table 2: Crime and Sentence of Imprisoned Habitual Offenders, FY 1997-98

Two Previous Convictions ("little habitual")


Felony class

Offense

Number of offenders

Sentence Length* (years)

4

Robbery

1

36.0

4

Motor Vehicle Theft, less than $15000

1

20.0

Felony 4 subtotal and average sentence

2

28.0 years

5

Menacing

1

9.0

5

Possession, schedule II controlled substance

1

9.0

5

Use, controlled substance

2

9.0

5

Attempted Motor Vehicle Theft, less than $15000

1

9.0

5

1st degree Criminal Trespassing

1

9.0

5

Pawnbroker - False Information

1

9.0

Felony 5 subtotal and average sentence

7

9.0 years

            * Some sentences include effects of consecutive sentences


            This fiscal note assumes that this bill will reduce sentences from three or four times the maximum to the normal presumptive maximum sentences for third or fourth time offenders. This fiscal note also assumes that convicted offenders will serve between 55% and 60% of their sentence. Finally, this fiscal note assumes that a similar number of annual habitual offenders will enter the correctional system as they did in FY 1997-98. Table 3 provides the current and proposed estimated length of stay for each felony class associated with habitual sentencing statutes.


Table 3: Current and Proposed Estimated Length of Stay for Commitments, FY 1997-98


Felony Class

Number of Offenders

Estimated Length of Stay (in years)

Current

Proposed

Three previous convictions ("big habitual")

4

9

18.1

4.6

5

4

7.1

1.8

6

3

3.2

0.8

Two previous convictions ("little habitual")

4

2

15.7

5.6

5

7

5.3

1.8


Five-Year Fiscal Impact on Correctional Facilities


            Section 2-2-703, C.R.S. requires that bills that result in a net change in periods of imprisonment must be accompanied by five years of appropriations for prison bed construction and operating costs. Table 4 below estimates the savings using construction cost estimates of $69,467 per bed and operating cost estimates of $24,105 per bed. Because this bill will reduce the number of offenders in correctional facilities, there will be no expected change in construction costs.


            The impact on average daily attendance (ADA) is shown in Table 4 below. In Year 1, three offenders sentenced as class 6 felons serve an estimated 0.8 years as opposed to 3.2 years. The new length of stay yields 2.4 ADA in Year 1 (0.8 year sentence x 3 offenders) It is anticipated that there is 3.0 ADA in year 1 as those 3 offenders are expected to each serve a 3.2 year sentence and occupy a bed through year 1. Instead, there is a 0.6 bed savings (3.0 expected ADA - 2.4 proposed ADA). This process is repeated and ADA is aggregated through year 5.


Table 4: Five-year Fiscal Impact on Correctional Facilities


Fiscal Year

ADA Impact

Construction Cost

Operating Cost

Total Cost

FY 1999-00

(0.6)

$0

($14,463)

($14,463)

FY 2000-01

(6.2)

 

($148,648)

($148,648)

FY 2001-02

(20.2)

 

($486,118)

($486,118)

FY 2002-03

(31.8)

 

($766,338)

($766,338)

FY 2003-04

(46.8)

 

($1,127,311)

($1,127,311)

Total

 

$0

($2,542,877)

($2,542,877)



State Appropriations


            This fiscal note implies that for FY 1999-00, the Department of Corrections will receive a negative General Fund appropriation of $14,463 and a five-year total negative General Fund appropriation of $2,542,877 through FY 2003-04 for operating costs, pursuant to Section 2-2-703, C.R.S.



Departments Contacted


            Alternate Defense Counsel     Corrections      Judicial        State Public Defender