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130th MAINE LEGISLATURE |
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LD 994 |
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LR 914(01) |
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An Act To Promote
Public Health by Eliminating Criminal Penalties for Possession of Hypodermic
Apparatuses |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. McDonald of Stonington |
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Committee: Criminal Justice and Public Safety |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
Potential current biennium savings - General Fund |
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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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$13,285 |
$13,285 |
$13,285 |
$13,285 |
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Revenue |
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General Fund |
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($13,285) |
($13,285) |
($13,285) |
($13,285) |
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Correctional
and Judicial Impact Statements |
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Eliminates Class
C crimes; decreases correctional and judicial costs
Eliminates Class D crimes
Minor reduction of workload associated with the minimal number of cases
that will no longer be filed in the court system. |
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Fiscal Detail
and Notes |
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This bill amends
the laws on hypodermic apparatuses and drug paraphernalia by allowing a
person to possess a residual amount of a scheduled drug in one or more
hypodermic apparatuses without committing the crime of unlawful possession of
a scheduled drug, eliminating the Class C crime of trafficking in or
furnishing hypodermic apparatuses, and eliminating the Class D crime of
illegal possession of hypodermic apparatuses. According to data provided by
the Judicial Branch, in 2019 there were 113 charges filed for the Class D
crime of illegal possession of hypodermic apparatuses. These charges resulted
in $13,285 in fines being assessed that will no longer accrue to the General
Fund. Repealing the Class C crime of trafficking in or furnishing hypodermic
apparatuses and modifying the crime of unlawful possession of a scheduled
drug are anticipated to reduce the collection of fine revenue to the General
Fund by minor amounts. |
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Finally, it is
unclear how many individuals will no longer be convicted of the Class C crime
of trafficking in or furnishing hypodermic apparatuses who otherwise would
have been charged. For each individual who is no longer convicted of this
crime the Department of Corrections will save $55,203 per year, which is the
current average cost of incarcerating an individual for a single year. |
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