Fiscal Impact Statement for Proposed Legislation
Virginia Criminal Sentencing Commission
House Bill No. 1522
(Patron —Leftwich)
LD# 17101626 Date: 12/12/2016
Topic: Punishment for Class 1 felony offenses
Fiscal Impact Summary:
State Adult Correctional Facilities: e Juvenile Direct Care:
$50,000 * None ($0)**
¢ Local Adult Correctional Facilities: e Juvenile Detention Facilities:
None ($0) None ($0)**
e Adult Community Corrections Programs:
None ($0) ** Provided by the Department of Juvenile Justice
* The estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult
correctional facilities; therefore, Chapter 780 of the 2016 Acts of Assembly requires the Virginia Criminal Sentencing
Commission to assign a minimum fiscal impact of $50,000.
Summary of Proposed Legislation:
The proposal adds § 19.2-264.3:1.4 to eliminate the death penalty for defendants charged with capital
offenses who were determined by a judge or jury to have had a severe mental illness at the time the crime
was committed; in such cases, the defendant would be sentenced to life imprisonment. The proposal
defines numerous terms related to severe mental illness and specifies procedures for conducting mental
health evaluations of defendants charged with capital offenses and introducing such evidence at trial.
Currently, under § 18.2-10, an offender convicted of a Class 1 felony who was at least 18 years of age at
the time of the offense and is determined not to be mentally retarded may be sentenced to either death or
life imprisonment. For individuals who were under the age of 18 at the time of the offense or who are
mentally retarded, the penalty is life imprisonment.
Analysis:
According to the Department of Corrections (DOC), there were seven Virginia inmates serving under a
death sentence as of August 24, 2016. No new offenders have entered death row since October 2011.
DOC data indicate that inmates remain on death row for an average of 5.8 years prior to execution (based
on the last 30 inmates executed). However, individuals currently on death row have served between 5.4
years and 16.5 years (as of August 24, 2016). As of December 12, 2016, one execution date had been set
for current death row inmates.
Existing data do not contain sufficient detail to identify the number of defendants who may be affected by
the proposal.
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Fiscal Impact Statement - LD #17101626 (continued)
Impact of Proposed Legislation:
State adult correctional facilities. By removing the applicability of the death penalty in cases where the
offender is determined to have a severe mental illness, the proposed legislation may increase the state-
responsible (prison) bed space needs of the Commonwealth. Per § 30-19.1:4, the Commission must
estimate the increase in operating costs to the Department of Corrections due to increases in periods of
imprisonment; this section does not authorize the Commission to consider any other potential costs or
savings that may be associated with the legislation.
Existing data do not provide sufficient detail to estimate the number of individuals who would be
sentenced to a term of life imprisonment instead of death if the proposal is enacted. While the impact on
prison bed space needs cannot be determined, any impact is likely to be small. When the impact cannot
be determined, Chapter 780 of the 2016 Acts of Assembly requires the Commission to assign a minimum
fiscal impact of $50,000.
Local adult correctional facilities. The proposal will not affect local-responsible (jail) bed space needs.
Adult community corrections programs. The proposal will not affect adult community corrections
programs.
Virginia’s i Virginia’s ing guidelines do not cover completed acts of
capital murder. Atmpted capital offenses are covered by the guidelines when there is an accompanying
conviction for a crime with a maximum penalty of life imprisonment; in those situations, the attempted
capital murder is an additional offense that augments the guidelines recommendation. No adjustment to
the guidelines would be necessary under the proposal.
Juvenile direct care. According to the Department of Juvenile Justice (DJJ), the proposal will not
increase direct care (juvenile correctional center or an alternative commitment placement) bed space
needs.
Juvenile detention facilities. The Department of Juvenile Justice (DJJ) reports that the proposal will not
increase the bed space needs of juvenile detention facilities.
Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined
for periods of imprisonment i in state adult correctional facilities; therefore, Chapter 780 of the 2016
Acts of Assembly requires the Virginia Criminal Cc ission to assign a mini fiscal
impact of $50,000.
Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of
commitment to the custody of the Department of J uvenile J ustice.
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