2023 -- H 5388

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LC001041

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO GENERAL ASSEMBLY -- FISCAL NOTES

     

     Introduced By: Representatives Felix, Batista, Knight, Craven, Potter, Cruz, Casey,
Henries, Alzate, and Morales

     Date Introduced: February 03, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 22-12 of the General Laws entitled "Fiscal Notes" is hereby amended

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by adding thereto the following section:

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     22-12-6. Fiscal notes enhancing public safety and sensible fiscal policy; enactment of

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the SPEND Act.

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     (a) This act shall be known as the "sensible public safety enhancement and neutral fiscal

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dispersement act", also known as (the "SPEND Act").

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     (b) Legislative intent. In promulgating this act the general assembly intends that the fiscal

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notes prepared in connection with the applicable legislation contain the best and most reliable

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information available so that it might make informed decisions regarding whether the legislation

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under consideration enhances public safety and contains sensible fiscal policy.

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     (c) Before any measure is approved by a committee of the general assembly, the effect of

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which is to create a new crime, increase the period of incarceration allowed or required for an

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existing crime, or otherwise modify sentencing or state correctional policies, the state budget office,

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consistent with the procedures set forth in this chapter, shall prepare a fiscal note describing the

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fiscal impact that the measure, if enacted, would have on the state as well as on local cities and

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towns, and if the measure would enhance public safety.

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     (d) In particular and to the extent practicable, the state budget office shall determine and

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describe in the statement the following:

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     (1) The fiscal impact on state and local law enforcement agencies, including an estimate of

 

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the increase in the anticipated number of arrests annually;

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     (2) The fiscal impact on state and local courts, including an estimate of the increase in the

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anticipated number of cases annually;

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     (3) The fiscal impact on the office of attorney general, including an estimate of the increase

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in the anticipated number of prosecutions annually;

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     (4) The fiscal impact on public defense resources, including an estimate of the increase in

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the anticipated number of cases annually; and

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     (5) The fiscal impact on state and local corrections' resources, including resources

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supporting parole and probation supervision, and also including an estimate of the increase in the

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anticipated number of bed-days to be used annually at both the state and local level as a result of

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the passage of the measure. For purposes of this section "bed-days" means the number of days of

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anticipated incarceration or treatment in a residential facility.

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     (e) The fiscal impact statement required under this section must describe the fiscal impact

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that the measure, if enacted, would have on the state as well as on the local cities and town for ten

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(10) years, beginning on the effective date of the measure.

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     (f) A state agency that prepares and submits to the state budget office fiscal impact

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statements or related fiscal information applicable to a measure introduced before the general

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assembly, the effect of which is to create a new crime, increase the period of incarceration allowed

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or required for an existing crime or otherwise modify sentencing or state correctional policies, shall

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describe the fiscal impact that the measure would have on the state agency for ten (10) years,

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beginning on the effective date of the measure.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO GENERAL ASSEMBLY -- FISCAL NOTES

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     This act would require fiscal notes from the state budget office to determine the fiscal

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impact of new criminal legislation on state and local law enforcement agencies, courts, department

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of attorney general, defense resources as well as state and local corrections resources.

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     This act would take effect upon passage.

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