Relating to the criminal offenses of assault by threat of a targeted attack and cyberharassment, and providing penalties

Description

Senate File 275 as amended establishes the criminal offense of assault by threat of a targeted attack, and provides penalties. The Bill provides that a person commits assault by threat of a targeted attack when the person threatens to cause serious injury or death to persons assembled in a public place, school building, or any occupied structure, which thereby places such persons in reasonable apprehension of serious injury or death, or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out. The Bill provides that the criminal offense of assault by threat of a targeted attack is an aggravated misdemeanor.

Background

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

The correctional impact of SF 275 as amended cannot be determined. The Bill establishes a new offense, and the number of convictions cannot be estimated.

Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system.

Table 1 — Sentencing Estimates and LOS

Conviction

Offense Class

Percent

to Prison FY 18

Avg Length

of Stay

Prison

(months) FY 18

Marginal

Cost/Day

Prison

Percent to

Probation

FY 18

Avg Length

of Stay

Probation

(months) FY 18

Avg

Cost/Day

Probation

Percent

to CBC FY 18

Marginal

Cost/Day

CBC

FY 18

Avg Length

of Stay

Parole

(months) FY 18

Marginal

Cost/Day

Parole

Percent

to

County

Jail

Marginal

Cost/Day

Aggravated

Misdemeanor

(Persons) 46.0% 8.5 $19.93 71.0% 20.2 $5.38 5.0% $11.85 4.8 $5.38 53.0% $50.00

Minority Impact

The minority impact of SF 275 as amended is unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of SF 275 as amended cannot be estimated. The Bill establishes a new criminal offense, and the resulting cost to the Justice System cannot be estimated. The average State cost for one aggravated misdemeanor conviction ranges from $4,700 to $7,500. This estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple years for prison and parole supervision.

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights