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Fiscal Note Package 34902

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Fiscal Note Package 34902 Multiple Agency Fiscal Note Summary Bill Number: 1504 HB Title: Eliminating death penalty Estimated Cash Receipts Agency Name 2013-15 2015-17 2017-19 GF- State Total GF- State Total GF- State Total Office of Attorney General Non-zero but indeterminate cost. Please see discussion." Total $ 0 0 0 0 0 0 Estimated Expenditures Agency Name 2013-15 2015-17 2017-19 FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total Administrative Office Non-zero but indeterminate cost and/or savings. Please see discussion. of the Courts Office of Public Non-zero but indeterminate cost and/or savings. Please see discussion. Defense Office of Attorney Non-zero but indeterminate cost and/or savings. Please see discussion. General Caseload Forecast .0 0 0 .0 0 0 .0 0 0 Council Department of Non-zero but indeterminate cost and/or savings. Please see discussion. Corrections Total 0.0 $0 $0 0.0 $0 $0 0.0 $0 $0 Local Gov. Courts * Non-zero but indeterminate cost. Please see discussion. Local Gov. Other ** (3,900,000) (3,900,000) (3,900,000) Local Gov. Total (3,900,000) (3,900,000) (3,900,000) Estimated Capital Budget Impact NONE Prepared by: Kate Davis, OFM Phone: Date Published: (360) 902-0570 Final 3/ 5/2013 * See Office of the Administrator for the Courts judicial fiscal note ** See local government fiscal note FNPID 34902 : FNS029 Multi Agency rollup Judicial Impact Fiscal Note Bill Number: 1504 HB Title: Eliminating death penalty Agency: 055-Admin Office of the Courts Part I: Estimates No Fiscal Impact Estimated Cash Receipts to: Account FY 2014 FY 2015 2013-15 2015-17 2017-19 Counties Cities Total $ Estimated Expenditures from: Non-zero but indeterminate cost. Please see discussion. The revenue and expenditure estimates on this page represent the most likely fiscal impact. Responsibility for expenditures may be subject to the provisions of RCW 43.135.060. Check applicable boxes and follow corresponding instructions: If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note form X Parts I-V. If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I). Capital budget impact, complete Part IV. Legislative Contact Edie Adams Phone: 360-786-7180 Date: 02/28/2013 Agency Preparation: David Elliott Phone: 360-705-5229 Date: 03/01/2013 Agency Approval: Dirk Marler Phone: 360-705-5211 Date: 03/01/2013 OFM Review: David Dula Phone: (360) 902-0547 Date: 03/01/2013 Request # CJ-1 Form FN (Rev 1/00) 1 Bill # 1504 HB FNS061 Judicial Impact Fiscal Note Part II: Narrative Explanation II. A - Brief Description Of What The Measure Does That Has Fiscal Impact on the Courts This bill would remove the capital penalty from statute. Section 1 would amend RCW 10.95.030 to remove references to a special sentencing proceeding and the penalty of death, so that a person convicted of aggravated first degree murder shall be sentenced to life imprisonment without the possibility of release or parole. Section 2 would repeal a number of sections RCW chapter 10.95 relating to court proceedings concerning a death sentence. II. B - Cash Receipts Impact None II. C - Expenditures There is not sufficient data available to estimate the fiscal impact of this bill. It is assumed there would be cost savings for the Supreme Court from not reviewing death penalty cases and Superior Courts from not trying death penalty cases. It is possible that the Court of Appeals could see a slight increase in appeals. Because these cases are rare and each features different details and aggravating factors, and because the cases are before the supreme, appellate and superior courts over a period of years and before different justices and judges there is no way, without engaging in a longer term study, to determine costs for these cases. Caseload Forecast Council (CFC) data shows that there is an average of one death penalty conviction every five years. The cost data provided below is to help inform readers on the typical costs involved. Trial Courts: Superior Courts would achieve savings from no longer trying aggravated murder cases where the death penalty was a possible sentence upon conviction. A number of procedures and activities in death penalty cases add to the cost of these cases and many of these procedures and costs are discussed in the Washington State Bar Association (WSBA) “Final Report of the Death Penalty Subcommittee of the Committee on Public Defense,” published in December 2006. In cases where the death penalty is a potential sentence, a Supreme Court rule requires the appointment of two attorneys, with at least one attorney qualified to try capital cases. These cases require a “mitigation investigation,” which is information about the defendant’s past a jury may consider in deciding whether the sentence should be death or life without the possibility of parole. The mitigation information is also reviewed by the prosecutor in determining whether to file a notice of intent to seek the death penalty. The cost of mitigation investigations can be considerable. A recent investigation from Spokane County Superior Court has the cost of a single investigation and report at $19,479. Compared to other felony cases in Superior Court, more time is spent in capital cases on complex pre-trial motions, legal challenges and jury selection. The WSBA report cites an Administrative Office of the Courts analysis that concludes that should a capital case last between 20 to 30 days longer than a typical felony case, “then the extra cost in terms of trial court operation would be $46,640 to $69,960.” It is important to note the increase in costs for capital cases varies from court to court. Jury selection: Jury selection is more complex with many more jurors summoned than in a typical jury trial. Also, the process of selecting a jury is much more involved, with jurors having to provide additional written material and the court and attorneys reviewing these juror questionnaires. The WSBA report states that jury selection can “take as long as 30 days in a capital case.” In other cases jury selection takes a day, or sometimes two days. Should a jury find a defendant guilty of aggravated murder in the first degree then the same jury would convene for a “penalty phase.” In the penalty phase the jury decides whether the sentence should be death or life imprisonment without the possibility of parole. This phase can last from a few days to longer than a week. Appellate Courts: As with Superior Courts, the Supreme Court would achieve savings by not hearing appeals of capital cases. In the Supreme Court an appeal of a capital case is mandatory for a review of the sentence and an appeal of the judgment. These cases by RCW require the Supreme Court to review specific issues concerning whether sufficient evidence existed to justify the jury’s determination of insufficient mitigating circumstances; whether the sentence was a product of passion or prejudice; whether the sentence is excessive or Request # CJ-1 Form FN (Rev 1/00) 2 Bill # 1504 HB FNS061 Judicial Impact Fiscal Note disproportionate to the penalty imposed in similar cases considering both the crime and the defendant; and whether the defendant an intellectual disability. In the Supreme Court, additional procedures are required by Supreme Court rule. Two attorneys must be appointed to represent the defendant with one of these attorneys from the death penalty qualified list; every hearing must be transcribed and a proportionality analysis must be made; and the time for argument in capital cases is three times longer than in other cases. If there is a Supreme Court decision that is adverse to the defendant, then within one year from that decision a Personal Restraint Petition (PRP) may be filed by the defendant in the Supreme Court that can raise issues not previously considered at the appellate or trial proceedings. These PRP proceedings also require that two attorneys be appointed, with at least one being an attorney qualified from the death penalty qualified list, the briefing to the court is increased, experts and investigators may be appointed and the hearing must be transcribed. The amount of additional time that a Justice and staff assigned a capital case spends on such a case is considerably more than with other case assignments. It is estimated that currently the Supreme Court Clerk spends 10 to 15% of his time on capital cases while another member of the Clerk’s Office staff spends 20% of her time. The Courts of Appeal might experience an increase in the number of appeals of sentences in aggravated first degree murder cases as the only possible sentence under this bill would be life imprisonment without possibility of release or parole. It is not possible to quantify this increase now, but it would be a small number of appeals. Part III: Expenditure Detail Part IV: Capital Budget Impact SOURCES: Caseload Forecast Council (CFC) Caseload Forecast Council (CFC) fiscal note Washington State Bar Association Washington State Bar Association Final Report of the Death Penalty Subcommittee of the Committee on Public Defense, December 2006 Washington Association of County Prosecutors (WAPA) Judicial Information System data Request # CJ-1 Form FN (Rev 1/00) 3 Bill # 1504 HB FNS061 Judicial Impact Fiscal Note Individual State Agency Fiscal Note Bill Number: 1504 HB Title: Eliminating death penalty Agency: 056-Office of Public Defense Part I: Estimates No Fiscal Impact Estimated Cash Receipts to: NONE Estimated Expenditures from: Non-zero but indeterminate cost.
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