DUI-penalties.

09LSO-0317.L1

FISCAL NOTE

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

Source of Expenditure Increase:

Increasing the time that an offender spends on probation or incarceration creates a potential cost for that increased supervision or incarceration.  Each year of incarceration, per inmate, will cost the State, in current dollars, approximately $33,000 for the cost of incarceration and approximately $10,680 for medical costs.  The cost for traditional supervision of a probationer is approximately $1,100 per year, while the cost of supervision for a probationer under the intensive supervision program is approximately $7,300 per year. Offenders convicted of a first violation or a second violation within 5 years of a prior violation may be sentenced to probation for up to 3 years. Offenders convicted of a third or fourth violation within 7 years of a prior violation may be sentenced to probation or incarceration for up to ten years. Offenders convicted of a fifth violation within a lifetime may be sentenced to probation or incarceration for up to ten years. The actual costs will depend on the number of offenders sentenced under the proposed legislation.

Assumptions:

It would be difficult to accurately predict the number of individuals that would be sentenced pursuant to the proposed legislation. Data from the Division of Criminal Investigation shows that from 2002-2006, 1,398 individuals were convicted of two or more offenses related to driving under the influence within 5 years. If this trend continued, an average of 280 offenders per year could be sentenced for up to 3 years of probation under the proposed legislation (though data reveals that annual rates far exceed this number in recent years- e.g., 579 in 2006). From 2001-2006, 396 individuals were convicted of three or more offenses related to driving under the influence within 7 years.  If this trend continued, an average of 67 offenders per year could be sentenced for up to 10 years of probation or incarceration under the proposed legislation (though data reveals that annual rates far exceed this number in recent years- e.g., 156 in 2006).  From 1993-2008, 340 individuals were convicted of five or more offenses related to driving under the influence within their lifetime.  If this trend continued, an average of 21 offenders per year could be sentenced for up to 10 years of probation or incarceration under the proposed legislation (though data reveals that annual rates far exceed this number in recent years- e.g., 57 in 2007).  The cost to the Department of Corrections could be significant.

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