Legislative Impact Analysis for the 2013 General Assembly March 18, 2013

Code of Virginia § :4 The Virginia Criminal Sentencing Commission must prepare a fiscal impact statement for any bill that would result in a net increase in the population of offenders housed in state adult correctional facilities (prisons) Law became effective July 1, 2000 Effective July 1, 2002, the impact statement must: Include an analysis of the impact on local and regional jails as well as state and local community corrections programs; and Detail any necessary adjustments to the sentencing guidelines 2

Code of Virginia § :4 The Commission must estimate the increase in annual operating costs for prison facilities that would result if the proposal is enacted A six-year projection is required The highest single-year increase in operating costs is identified This amount must be printed on the face of the bill If the Commission does not have sufficient information to project the impact, § :4 states that the words "Cannot be determined" must be printed on the face of the bill 3

Code of Virginia § :4 For each law enacted that results in a net increase in the prison population, a one-year appropriation must be made Appropriation is equal to the highest single- year increase in operating costs during the six years following enactment Appropriations made pursuant to § :4 are deposited into the Corrections Special Reserve Fund 4

Code of Virginia § :4 The Department of Juvenile Justice (DJJ) prepares a fiscal impact estimate for any bill that would result in a net increase in the juvenile population committed to the state DJJ provides this information to the Commission and a combined statement is submitted to the General Assembly 5 SB1378: Unlawful Firearm Transfers

Additional Provisions in the Appropriations Act In 2009, the Appropriations Act passed by the General Assembly included new language pertaining to fiscal impact statements Item 48 of Chapter 781 of the 2009 Acts of Assembly For any fiscal impact statement prepared by the Virginia Criminal Sentencing Commission pursuant to § :4, Code of Virginia, for which the commission does not have sufficient information to project the impact, the commission shall assign a minimum fiscal impact of $50,000 to the bill and this amount shall be printed on the face of each such bill, but shall not be codified. The provisions of § :4, paragraph H. shall be applicable to any such bill. 6

Additional Provisions in the Appropriations Act This requirement remained in the budget adopted by the 2012 General Assembly Item 50 of Chapter 3 of the 2012 Acts of Assembly, Special Session I For any fiscal impact statement prepared by the Virginia Criminal Sentencing Commission pursuant to § :4, Code of Virginia, for which the commission does not have sufficient information to project the impact, the commission shall assign a minimum fiscal impact of $50,000 to the bill and this amount shall be printed on the face of each such bill, but shall not be codified. The provisions of § :4, paragraph H. shall be applicable to any such bill. 7

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Code of Virginia § :4 The requirement for an impact statement includes, but is not limited to, proposals that: Add new crimes for which imprisonment is authorized; Increase the periods of imprisonment authorized for existing crimes; Raise the classification of a crime from a misdemeanor to a felony; Impose mandatory terms of imprisonment; or Modify the law governing release of prisoners 9

Additional impact analyses may be conducted at the request of: House Appropriations staff Senate Finance staff Department of Planning and Budget staff Office of the Secretary of Public Safety Legislative Impact Analysis 10

Legislative Impact Analysis The necessary appropriation is calculated by: Estimating the net increase in the prison population likely to result from the proposal during the six years following enactment Identifying the highest single-year population increase Multiplying that figure by the cost of holding a prison inmate for a year (operating costs, excluding capital costs) For FY2012, the annual operating cost per prison inmate was $29,081 This figure is provided each year by the Department of Planning and Budget 11

Impact Analyses Completed for Sessions of the General Assembly 12 Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are proposed or adopted

Percentages do not add to 100%, since proposed legislation can involve multiple types of changes. Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are proposed or adopted 2013 General Assembly – 322 Impact Analyses Completed Type of Legislative ChangePercent Expansion or Clarification of Crime51.6% New Crime42.9% Mandatory Minimum10.2% Misdemeanor to Felony29.2% Increase Felony Penalty7.1% Other12.1% 13

Most Common Types of Offenses in Proposed Legislation Sex Offenders and Offenses (52 analyses) Fraud/Larceny (39 analyses) Firearms (36 analyses) Drugs (27 analyses) Cigarettes (20 analyses) Assault (19 analyses) Gangs and Gang Offenses (17 analyses) Driving While Intoxicated (13 analyses) 14

Clauses Added to Select Bills with Fiscal Impacts Passed by the 2013 General Assembly 15

Bills with Fiscal Impacts Passed by the 2013 General Assembly Assault 16 Bill NumberDescription State-Responsible Impact SB853 Expands assault on LEO, etc., to include magistrates $7,680 SB1033/ HB2065 Expands assault on LEO to include DOC volunteers and contractors and increases penalties relating to offenders in DJJ custody $50,000 (Cannot be determined) HB1850* Expands assault on LEO to include employees of local or regional jails $50,000 (Cannot be determined) HB1927* Expands assault on LEO to include all Emergency Medical Services Personnel Members $50,000 (Cannot be determined) * Passed with dual clauses

Bills with Fiscal Impacts Passed by the 2013 General Assembly Cigarettes 17 Bill NumberDescription State-Responsible Impact SB1017/ HB1783 Increases penalty for PWID contraband cigarettes $50,000 (Cannot be determined) SB1018 Expands felony provision for poss., etc., of unstamped cigarettes $50,000 (Cannot be determined) SB1019 Increases penalty for poss., etc., of counterfeit cigarettes $50,000 (Cannot be determined) SB1020 Expands racketeering to include PWID contraband cigarettes $50,000 (Cannot be determined) HB1820 Expands felony provision for poss., etc., of unstamped cigarettes and increases penalty for 2nd or subsq. $50,000 (Cannot be determined)

Bills with Fiscal Impacts Passed by the 2013 General Assembly Drugs 18 Bill NumberDescription State-Responsible Impact SB1083/ HB1941 Adds certain chemicals to definition of synthetic cannabinoids and Schedule I drugs $50,000 (Cannot be determined) HB1816* Expands manufacture of meth in the presence of certain persons $50,000 (Cannot be determined) HB2136Adds two steroids to Schedule III $50,000 (Cannot be determined) * Passed with dual clauses

Bills with Fiscal Impacts Passed by the 2013 General Assembly Fraud/Larceny 19 Bill Number Description State-Responsible Impact SB706/ HB1682 Financial exploitation of mentally incapacitated persons deemed larceny $50,000 (Cannot be determined) SB811 Establishes new Class 5 felony for filing a false lien or encumbrance $50,000 (Cannot be determined) SB1010/ HB1684 Increases penalty for certain identity theft offenses At least $30,152 HB1955* Increases penalty for 2nd or subsequent impersonating LEO, public safety personnel, etc. $4,048 * Passed with dual clauses

Bills with Fiscal Impacts Passed by the 2013 General Assembly Sex Offenders and Offenses 20 Bill Number Description State-Responsible Impact SB832/ HB2269 Requires mand. min. terms under § :1 to be run consecutively $50,000 (Cannot be determined) SB1015/ HB1606 Establishes felony penalty for solicitation of a minor for prostitution $50,000 (Cannot be determined) SB1031/ HB1745 Expands indecent liberties and use of comm. system to propose sexual acts $50,000 (Cannot be determined) SB1032/ HB1862 Expands offenses requiring registration with the Sex Offender Registry $50,000 (Cannot be determined)

Bills with Fiscal Impacts Passed by the 2013 General Assembly Other 21 Bill NumberDescription State-Responsible Impact SB1205/ HB1847* Expands list of criminal street gang predicate offenses At least $574,916 SB1214/ HB1746 Expands definition of violent felony for sentencing guidelines $50,000 (Cannot be determined) SB1272/ HB1559 Expands applicability of felony DWI $50,000 (Cannot be determined) SB1378 Increases penalty for "strawman" firearm purchases and certain transfers of firearms $46,773 HB2211** Increases penalty for 2nd offense stalking under certain circumstances At least $23,197 * Passed with dual clauses ** Passed without Woodrum language