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HOUSE CLIP SHEET

APRIL 1, 1998

Page 45

SENATE FILE 2391
FISCAL NOTE

The estimate for Amendment H-8796 to Senate File 2391 is hereby submit as a fiscal note pursuant to Joint Rule 17 and as a correctional impact statement pursuant to Section 2.56, Code of Iowa.  Data used in developing this fiscal note and correctional impact statement are available from the Legislative Fiscal Bureau to members of the Legislature upon request.

Amendment H-8796 to SF 2391 adds various items related to drug-related offenses.   Division I of the amendment is the original language of SF 2391.  Division II incorporates the provisions of SF 2369 (Drugged Driving).  Division III contains the provisions of Sections 1 and 2 of HF 2060 (Enhanced Criminal Penalties for Drug Possession).  Division IV allows for denial of certain state and federal benefits to drug traffickers.  Division V would impose mandatory minimum sentences for methamphetamine offenses.  Division VI contains language regarding individual privacy in the collection of urine.

ASSUMPTIONS

Division I

1.	Sufficient information is not available to determine the impact of SF 2391 provisions relating to charges for second and subsequent OWI offenses.  Also, information is not available to assess the impact of standardizing the ramifications of a blood alcohol concentration higher than .15, regardless of the standard of error associated with the testing device.
2.	The Department of Public Health will establish rules regarding licensing programs and program fees.  Associated costs are estimated to be $14,000 in FY 1999.

Division II

1.	Current law provides for arrest of individuals under the influence of drugs.
2.	There would be no increase in the number of OWI arrests.  If the preliminary screening test provisions provide increased convictions, the correctional system could be impacted, although this cannot be determined with current data.
3.	The Department of Public Safety would train and certify 14 troopers as Drug Recognition Examiners at a cost of $2,000 per trooper.

Division III

1.

Charge, conviction, and sentencing patterns will not change over the projections period.  Prisoner length of stay, revocation rates, and other corrections policies and practices will not change over the projections period.  A lag effect of six months is assumed from the law's effective date to the first entry of affected offenders into the correctional system.

 

HOUSE CLIP SHEET

APRIL 1, 1998

Page 46

PAGE 2, FISCAL NOTE, SENATE FILE 2391

2.	An estimated 232 persons will receive enhanced penalties annually.  They are: 108 who have a prior conviction for possession of a controlled substance other than marijuana, 32 who have two or more prior convictions for possession of a controlled substance other than marijuana, 56 for possession of marijuana with one prior conviction, and 36 for possession of marijuana with two or more prior convictions.
3.	The marginal cost to add one additional inmate to the prison system is $12 per day.
4.	It is estimated that one case per year will receive the $2,500 fine increase.

CORRECTIONAL IMPACT

Divisions I, II, IV, and VI are not expected to have a significant correctional impact.

The impact of Division V cannot be determined.

Prison growth as a result of Division III would occur as follows: 10 in FY 1999, 21 in FY 2000, and 23 in FY 2001.

FISCAL IMPACT

Divisions I, II, IV, VI are not expected to have a significant fiscal impact.

The impact of Division V cannot be determined.

Division III would have an estimated fiscal impact of $44,000 in FY 1999, $92,000 in FY 2000, and $101,000 in FY 2001.

SOURCES

Criminal and Juvenile Justice Planning Division,
    Department of Human Rights
Department of Public Health
Department of Public Safety
Department of Transportation
Iowa Law Enforcement Academy
Department of Corrections

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