OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 ↓ (860) 240-0200

http: //www. cga. ct. gov/ofa

sSB-247

AN ACT CONCERNING THE SEXUAL ASSAULT OF A PERSON WHOSE ABILITY TO CONSENT IS SUBSTANTIALLY IMPAIRED DUE TO MENTAL DISABILITY.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 13 $

FY 14 $

Correction, Dept.

GF - Potential Cost

Up to $132,000

Up to $525,000

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill has the potential to cost the Department of Correction up to $132,0001 in FY 13 and up to $525,000 in FY 14 due to clarification to statutes regarding the sexual assault of a person with mental disability. This could result in additional convictions and plea bargains that result in incarceration and costs to the Department of Correction. On average, six violations of this statute are dismissed or found not guilty by jury annually. 2 The prison sentences for violation of this statute are historically longer than one year. On average it costs the state $44,165 to incarcerate an offender annually.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the number of convictions that lead to incarceration.

1 Based on offenses occurring on or after October 1st

2 To the extent that previously dismissed offenses are now found guilty, this would result in costs to the Department of Correction