Why did the General Assembly make the change?

A key goal was to reduce the costs of appointed counsel. The Joint Conference Committee Report on the 2013 Appropriations Act, p. I 10, indicates that the General Assembly reduced the indigent defense budget by $2 million per year in light of the change in the punishment scheme for Class 3 misdemeanors and the reclassification of some misdemeanors as Class 3 misdemeanors. The report states: “With no possibility of incarceration, these offenses do not require legal counsel.” Whether the changes will generate this savings is not yet known.

IDS proposed that minor criminal offenses be reclassified as infractions to save on counsel fees and avoid the collateral consequences of conviction of even a minor offense. See Reclassifying Minor Misdemeanors As Infractions (IDS, Feb. 2013). The proposal was based on a previous study of misdemeanors conducted by IDS at the General Assembly’s request. See FY 11 Reclassification Impact Study (IDS, Mar. 2011). The General Assembly reclassified as infractions some of the 31 misdemeanors identified by IDS but chose to reclassify the majority of the identified offenses as Class 3 misdemeanors and adopted the new fine-only punishment scheme.