Sex offenses.

07LSO-0008.C1

FISCAL NOTE

The fiscal impact is indeterminable due to unknown sentencing under the proposed legislation.  However, the potential impact could be significant.

Source of Expenditure Increase:

The proposed legislation creates multiple new criminal offenses.  Current sex offense statutes largely do not make reference to the age of the victim, making estimates of the number of offenders impacted by the change in the law difficult to determine. 

Over time, the imposition of minimum sentences of incarceration as proposed in this legislation may have a continued and significant fiscal impact.  Mandatory minimum sentences change the overall average length of stay for inmates by increasing it.  Additionally, to the extent that offenders are sentenced to life without parole under the proposed legislation, those prison beds will be occupied for the life of the offender.

Each year of incarceration, per inmate, costs the State, in current dollars, approximately $34,200 for the cost of incarceration and approximately $10,800 for medical costs.

Assumptions:

There are no current measures that would allow for an accurate prediction of the number of individuals sentenced pursuant to the proposed legislation.  There are currently about 27 offenders per year sentenced to probation for violations of W.S. 14-3-104 and 14-3-105.  They spend an average of about 60 months on probation.  There are currently about 24 offenders per year sentenced to prison for violations of these statutes.  They are sentenced to an average of 39 (min) to 73 (max) months in prison.  If the majority of probationers currently under supervision for violations of W.S. 14-3-104 through 14-3-105 are sentenced to a period of incarceration for similar conduct under the proposed legislation, the impact could more than double the current number of offenders sentenced to prison for such conduct.  Because these persons are currently on probation, they do not occupy prison beds and would represent new inmates to the prison system. 

Prepared by: Brian Farmer, Department of Corrections Phone: 777-5983

The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.

Prepared by:   Holly Hansen, Supreme Court Phone:   777-7678