Domestic Violence by Z3GztOZA

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									COMMONWEALTH OF KENTUCKY    LEGISLATIVE RESEARCH COMMISSION
GENERAL ASSEMBLY         LOCAL MANDATE FISCAL IMPACT ESTIMATE
2003 REGULAR SESSION                    2002-2003 INTERIM

MEASURE

2003 RS BR 1455                                Amendment:               Committee          Floor

Bill #: HB 448                                 Amendment #

SUBJECT/TITLE           An ACT relating to crimes and punishment

SPONSOR          Representative Joni Jenkins

MANDATE SUMMARY

Unit of Government:            City;      X       County;       X      Urban County Government

Program/
Office(s) Impacted:    County Jails

Requirement:              X     Mandatory                   Optional

Effect on
Powers & Duties          X    Modifies Existing             Adds New           Eliminates Existing

PURPOSE/MECHANICS

The measure addresses the violation of a protective order and specifies that the sentence must be
served consecutively if the violator of the order is incarcerated, on probation, or serving an of
alternative to incarceration.


FISCAL EXPLANATION/BILL PROVISIONS                                            ESTIMATED COST


The fiscal impact of HB 448 on local governments is indeterminable, but is expected to be
minimal. The measure requires that the sentence for violating a protective order be served
consecutively if the violator is incarcerated, on probation, or serving any other alternative to
incarceration.

Current law provides that in many instances, multiple sentences must be served concurrently; in
other instances, the judge determines whether the sentences will be served concurrently or
consecutively. In FY 2001, 1,250 individuals with domestic violence orders or emergency
protective orders filed against them, violated the provisions of those restraining orders and were
convicted of a Class A misdemeanor. This represents roughly four percent (4%) of the 29,000
individuals who were subject to a domestic violence order or emergency protective order during
the same period.



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Information is not available as to how many of the 1,250 individuals who violated a domestic
violence or emergency protective order, a Class A misdemeanor, served the sentence currently
while incarcerated, on probation, or serving any other alternative to incarceration for conviction of
another crime. Therefore, no estimate is available as to the additional number of persons who,
under HB 448, would have to serve a full sentence for violating a domestic violence or emergency
protective order.

Individuals who are subject to the provisions of HB 448 will be incarcerated in a county jail. Class
A misdemeanants are housed in a county jail for up to a year, with the daily per diem costing the
county $27.51 per day. However, it is expected that the number of instances where a person
violates a protective order while incarcerated, on probation, or serving another alternative to
incarceration, will be minimal.

DATA SOURCE(S)            KY Jailers Association
                          Governor's Office of Child Abuse and Domestic Violence

PREPARER        Doug Huddleston                      REVIEW                   DATE




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