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

SPONSOR Zanetti

DATE TYPED 2/25/05

HB 1094

SHORT TITLE Define “ Violent Felony” for Sentencing

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Corrections Department (CD)

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

House Bill 1094 changes the definition of violent felony for the purposes of the mandatory life

sentence after three violent felonies. Under the current statute the definition of violent felony is

limited to five specific crimes. This bill changes the definition to any first or second degree fel-

ony that involves force or the threatened use of force.

Significant Issues

The AGO states the new language broadens the types of crimes that will qualify for the purpose

of sentencing a person convicted of three violent felonies to a term of life imprisonment. Crimes

such as second degree criminal sexual penetration and attempt to commit first degree murder will

now qualify as a violent felony. This will increase the number of persons sentenced to life im-

prisonment.

The PDD believes

m

ost of the present offenses involving violence and carrying a first degree fel-

ony sentence are already included in the present enumerated list in current law. Many offenses

involving violence and carrying a second degree felony sentence are also already included in the

House Bill 1094 -- Page 2

present enumerated list. This bill will add very few additional qualifying offenses.

The PDD noted two offenses it does add are assault with intent to commit a violent felony upon a

school employee and assault with intent to commit a violent felony upon peace officer.

FISCAL IMPLICATIONS

The CD believes in the short run this bill will not greatly impact the prisons. However prisoners

serving life sentences take up bed space which forces the CD to find additional space for the new

prisoners. This will, over time lead to significant increases in the prison population.

The private prison annual costs of incarcerating an inmate is $20,720 per year for males. The

cost per client to house a female inmate at a privately operated facility is $26,313 per year. Be-

cause state owned prisons are essentially at capacity, any net increase in inmate population will

be housed at a private facility.

The added expense to the CD will further increase as the prison population ages. Geriatric pris-

oners require addition medical attention. The CD will be forced to absorb these costs for prison-

ers serving life sentences.

ADMINISTRATIVE IMPLICATIONS

Initially this will lead to only marginally impact administration of the CD. However more pris-

oners serving life sentences will lead to an aging prison population requiring special attention

and care. This will eventually lead to a significant burden on the CD.

DW/lg