COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3196-01

Bill No.:          HB 1397

Subject:           Children and Minors; Crimes and Punishment

Type:              Original

Date:               March 19, 2008

Bill Summary:            This legislation prohibits certain sexual offenders from being physically present within 500 feet of a child care facility.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☐ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Health and Senior Services, Missouri State Highway Patrol, Office of the State Courts Administrator and the Department of Public Safety each assume the proposal would have no fiscal impact on their respective agencies.

Officials from the Department of Corrections assume the proposal would have $0 to minimal fiscal impact on their agency.

Officials from the Department of Social Services (DSS) assume there is no direct fiscal impact to the DSS. Enforcement is the responsibility of the local law enforcement agency.

Officials from the Department of Mental Health (DMH) assumes the proposal places no additional responsibilities upon the DMH that would result in additional cost. Therefore, there should be no fiscal impact.

Officials from the Office of the State Public Defender (SPD) state for purposes of the proposal, the SPD cannot assume existing staff will provide competent, effective representation for any new cases arising where indigent sexual offenders are charged the new class A misdemeanor of being found physically present within 500 feet of a child care facility.

While the number of new cases may be too few or uncertain to request additional funding for this specific proposal, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all of the SPD cases.

Oversight assumes the SPD could absorb the additional caseload that may result from this proposal within existing resources. Oversight assumes any significant increase in the workload of the SPD would be reflected in future budget request.

Officials from the Office of Prosecution Services (OPS) have not responded to Oversight’s request for fiscal information.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

The proposed legislation appears to have no fiscal impact.

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 the State Courts Administrator

Department of Mental Health

Department of Corrections

Department of Health and Senior Services

Department of Social Services

Department of Public Safety

Office of the State Public Defender

Missouri State Highway Patrol

Not Responding: Office of Prosecution Services

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 19, 2008