DUI-penalties.

08LSO-0052.L1

FISCAL NOTE

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

Source of Expenditure Increase:

The change in the law that would make the 3^rd DUI offense a felony offense creates a new potential cost for probation or incarceration as there are costs for that supervision or incarceration.  Each year of incarceration, per inmate, will cost the State, in current dollars, approximately $32,600 for the cost of incarceration and approximately $10,845 for medical costs.  The cost for traditional supervision of a probationer is approximately $1,420 per year, while the cost of supervision for a probationer under the intensive supervision program is approximately $7,520 per year.

Assumptions:

There are no current measures that would allow for an accurate prediction of the number of individuals sentenced pursuant to the proposed legislation.

It is difficult to accurately determine the number of offenders who would violate this law.  There are currently about 50 offenders per year who commit a 3^rd DUI offense.  However, there are no current measures that would allow for an accurate prediction of the number of individuals who would commit a 3^rd or 4^th DUI within 7 years, or the number of individuals who would commit a 5^th DUI within a lifetime, as contemplated by the proposed legislation.  The increased maximum sentence creates a potential that more offenders will stay in prison longer.

Prepared by:   Brian Farmer, Dept. 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