[1] NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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F I S C A L I M P A C T R E P O R T

SPONSOR:	Campos		DATE TYPED:	01/31/02		HB
SHORT TITLE:		4^th Judicial DA Prison Prosecution Unit				SB	396
					ANALYST:		Belmares

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

$539.1

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 183 and HB 189

SOURCES OF INFORMATION

Administrative Office of the District Attorneys (AODA)

Public Defender Department (PDD)

LFC Files

SUMMARY

Synopsis of Bill

Senate Bill 396 appropriates $539.1 from the general fund to the Fourth Judicial District Attorney to fund a prison prosecution unit.

Significant Issues

The Fourth Judicial Attorney requested $539.1 from the general fund as a special appropriation for FY03 to continue funding the prison prosecution unit. The LFC initially recommended funding this request with $250.0 from the general fund and the executive did not recommend funding this request. However, on January 26, 2002, HAFC took action to amend HB2 in which it recommended appropriating $350.0 to the Fourth Judicial District Attorney for the prison prosecution unit.

The prison prosecution unit is expected to be in existence at least a few more years as the Fourth Judicial District Attorney prosecutes the cases stemming from the 1999 riot at the Guadalupe

County correctional facility. AODA has indicated that without the appropriation provided in SB 183, the Fourth Judicial District Attorney’s ability to continue the operation of the prison prosecution unit would be adversely affected.

Additionally, the Public Defender Department (PDD) has responded to SB 183 (a near duplicate to SB 396) by indicating that the bill does not appropriate any funding to PDD, an agency with an adversarial role against the Fourth Judicial District Attorney on the issue of the cases stemming from the 1999 riot at the Guadalupe County correctional facility.

FISCAL IMPLICATIONS

The appropriation of $539.1 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY03 shall revert to the general fund.

RELATIONSHIP

SB 396 relates to SB 183 which contains a $539.2 general fund appropriation for continued funding of a prison prosecution unit within the Fourth Judicial District Attorney’s office. SB 396 also relates to HB 189 which is a duplicate to SB 183.

F I S C A L I M P A C T R E P O R T

SOURCES OF INFORMATION

SB 396 relates to SB 183 which contains a $539.2 general fund appropriation for continued funding of a prison prosecution unit within the Fourth Judicial District Attorney’s office. SB 396 also relates to HB 189 which is a duplicate to SB 183.

EB/ar/njw