CORRECTIONS IMPACT STATEMENT
SESSION: 12RS BILL #: SB 063 Introduced BR #: 359 DOC ID#: BR035900.100 - 359 - 1562
BILL SPONSOR(S): Sen. Neal AMENDMENT SPONSOR(S):
SUBJECT: AN ACT relating to the abolition of the death penalty
SUMMARY OF LEGISLATION: Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment
without parole for inmates presently sentenced to death; amend various statutes to eliminate the term capital punishment and replace it with
Class A felony; amend KRS 532.030 relating to authorized dispositions for felony offenses to permit imprisonment for life without parole and
imprisonment for life without parole for 25 years for offenses formerly denominated as capital offenses; amend KRS 532.050 to require a
presentence investigation in all felony cases; amend KRS 533.010 relating to probation to prohibit probation for a person sentenced to life
without parole or life without parole for 25 years; amend KRS 640.040 relating to penalties for juveniles convicted of felony offenses to
authorize imprisonment for life without benefit of parole for 25 years, but not life imprisonment without benefit of parole for a Class A felony
which was formerly a capital offense; repeal various statutes relating to imposition of the death penalty.
This bill [_]amendment [_] committee substitute is expected to:
[_]Have the following Corrections impact [_] Have no Corrections impact
{_] Creates new crime(s) {_] Repeals existing crime(s)
{_] Increases penalty for existing crime(s) [_] Decreases penalty for existing crime(s)
[_] Increases incarceration [_] Decreases incarceration
{_] Reduces inmate/offender services {_] Increases inmate/offender services
[_] Increases staff time or positions [_] Reduces staff time or positions
{_] Changes elements of offense for existing crime(s)
Otherwise impacts incarceration (Explain) Replaces capital punishment with life without probation or parole.
STATE IMPACT: Class A, B & C felonies are based on an average daily prison rate of $60.02. Upon sentencing, most Class D
felons are housed in one of 79 full service jails for up to five years. Certain Class C felons may be housed in full service jails for
up to ten years if there are no available state prison beds. The Department of Corrections reimburses the jails at a daily rate of
$34.91. Note: projections are based on the daily rate x 365 x number of years (rounded).
Projected Impact: []NONE [-]MINIMAL [-]MODERATE [| SIGNIFICANT
Potential Cost: Section 1 Abolishes the death penalty and replaces it with a sentence of life without the benefit of probation or
parole. DOC currently has 34 inmates under sentence of death. This bill has the potential to increase the number of days each of
those inmates is incarcerated. At an average rate of $60.02 per day, this groups costs the Commonwealth $2,041 per day.
A Class A Felony sentence is 20 years or more. 10 Class A Felons cost a minimum of $4.4M.
1 Class A Felon costs Ky. a minimum of $438,000. 100 Class A Felons cost a minimum of $44.8M.
LOCAL IMPACT: Local governments are responsible for the cost of incarcerating individuals charged with Class A or Class B
misdemeanors and housing those charged with felony offenses until disposition of the case. While the expense of housing
inmates varies by jail, the state reimbursement is $34.91 per felony inmate. Note: projections are based on the daily rate x 365 x
number of years (rounded).
This bill creates no new misdemeanor offenses.
The following offices contributed to this Corrections Impact Statement:
Dept. of Corrections [_] Dept. of Kentucky State Police (Other
(_] Administrative Office of the Courts [J Parole Board
NOTE: Consideration should be given to the cumulative impact of all bills that increase the felon population or that
impose new obligations on state or local governments.
APPROVED BY:
Commissioner, Kentucky Department of Corrections Date
