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130th MAINE LEGISLATURE |
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LD 967 |
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LR 933(02) |
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An Act To Make
Possession of Scheduled Drugs for Personal Use a Civil Penalty |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: Criminal Justice and Public Safety |
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Fiscal Note Required: Yes |
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| Fiscal Note |
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FY 2021-22 |
FY 2022-23 |
Projections FY 2023-24 |
Projections FY 2024-25 |
| Net Cost
(Savings) |
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General Fund |
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($491,764) |
($594,304) |
($594,304) |
($594,304) |
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| Appropriations/Allocations |
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General Fund |
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($1,046,425) |
($1,148,965) |
($1,148,965) |
($1,148,965) |
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| Revenue |
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General Fund |
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($554,661) |
($554,661) |
($554,661) |
($554,661) |
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| Correctional
and Judicial Impact Statements |
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Eliminates Class
B crimes; decreases correctional and judicial costs
Eliminates Class C crimes; decreases correctional and judicial costs
Eliminates Class D crimes
Eliminates Class E crimes
Establishes new Class E crimes |
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| Fiscal Detail
and Notes |
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This bill changes
the unlawful possession of scheduled drugs from a crime to a civil violation.
The bill also imposes either a fine of $100 for violations or allows a person
to complete a health assessment administered by a credentialed treatment
professional. According to data provided by the judicial branch, there are
currently an average of 1,658 violations per year for these offenses and
fines assessed average $677,549 per year. Using certain assumptions related
to the number of offenders who will pay a fine or complete a health
assessment, it is estimated that revenues credited to the General Fund will
decrease by $554,661 per year. |
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Additionally,
changing possession of scheduled drugs from being charged as crimes to civil
violations will reduce the number of individuals who serve sentences in state
correctional facilities. According to the Maine Department of Corrections
year end report for 2019, a total of 16 individuals were admitted to a prison
for possession of a scheduled drug. Assuming that 3 of these admissions were
for Class B crimes and 13 were for Class C crimes, the bill includes ongoing
General Fund deappropriations to the Department of Corrections of $1,046,425
in fiscal year 20221-22 and $1,148,965 in fiscal year 2022-23. This estimate
is based on the assumption that the average length of stay for a Class B
crime is 591 days and 364 days for a Class C crime at an average cost of
$151.24 per day. |
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