COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.: 0630-01

Bill No.: HB 198 with HCA 1

Subject: Courts; Crimes and Punishment; Criminal Procedure; Law Enforcement Officers and Agencies

Type: Original

Date: February 4, 2003

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

ASSUMPTION

Officials from the Department of Public Safety - Missouri State Highway Patrol, - Capitol Police, - Missouri State Water Patrol, - Division of Fire Safety, and the - Division of Liquor Control assume the proposed legislation would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Office of Prosecution Services assume the proposed legislation would have no fiscal impact on prosecutors.

Officials from the Office of State Public Defender (SPD) assume existing staff will be able to handle the additional cases that are certain to be filed, at least at this time. The additional cases may be significantly more than currently anticipated. If so, the SPD will require additional staff to handle the overall increase in caseload. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.

ASSUMPTION (continued)

Officials from the Department of Corrections (DOC) assume they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in the proposal. An increase in commitments would depend on the utilization of prosecutors and the actual sentences imposed by the courts.

If additional persons were sentenced to the custody of the DOC due to the provisions of this legislation, the DOC would incur a corresponding increase in operational costs through supervision provided by the Board of Probation and Parole (FY 01 average $3.10 per offender, per day, or an annual cost of $1,132 per offender).

Supervision by the DOC through probation would result in some additional costs, but DOC officials assume that the impact would be $0 or a minimal amount that could be absorbed within existing resources.

In response to a similar proposal from the current session, officials from the St. Louis Metropolitan Police Department and Greene County Sheriff's Department assumed the proposed legislation would have no fiscal impact on their agencies.

In response to a similar proposal from the current session, officials from the Columbia Police Department assumed the proposal could result in possible savings for not having to call in an officer or typist to finish reports prior to the jail releasing a suspect. More time would allow for the paperwork to get to the prosecutor through normal routine channels.

In response to a similar proposal from a previous session, officials from the Jefferson City Police Department assumed the proposed legislation would have no fiscal impact on their agency.

In response to a similar proposal from a previous session, officials from the Boone County Sheriff's Department assumed there would be an increase in costs of approximately $5,000 per year to their agency for the increased time that they will have to house the people arrested.

Oversight assumes there could be some increase in local jail populations as a result of this proposal. However, Oversight assumes this would be at the discretion of the political subdivisions and any fiscal impact to them should be minimal.

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

The proposed legislation would authorize a thirty hour hold for all persons arrested without a warrant unless charged with first degree murder, second degree murder, first degree assault, forcible rape, forcible sodomy, first degree robbery, or distribution of drugs.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of State Courts Administrator

Department of Corrections

Department of Public Safety

- Missouri State Highway Patrol

- Capitol Police

- Missouri State Water Patrol

- Division of Fire Safety

- Division of Liquor Control

Office of Prosecution Services

Office of State Public Defender

SOURCES OF INFORMATION (continued)

Jefferson City Police Department

Columbia Police Department

St. Louis Metropolitan Police Department

Boone County Sheriff's Department

Greene County Sheriff's Department

Mickey Wilson, CPA

Director

February 4, 2003