Subject: Children and Minors; Crimes and Punishment; Law Enforcement Officers and Agencies

Bill Summary: The proposal changes the laws regarding the age of victims and offenders in various sexual offenses.

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2009	FY 2010	FY 2011
General Revenue	($216,906)	($670,238)	($1,150,576)

Total Estimated Net Effect on General Revenue Fund	($216,906)	($670,238)	($1,150,576)

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on Other State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on FTE	0	0	0

☒ 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).

Officials from the Department of Public Safety – Director’s Office and the – Missouri State Highway Patrol assume the proposal would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator (CTS) assume there may be some increase in the number of cases filed. CTS would not anticipate a fiscal impact on the judiciary.

Officials from the Department of Corrections (DOC) assume the proposed legislation changes the age of victims and perpetrators in certain criminal statutes including statutory rape, statutory sodomy, sexual abuse and child molestation.

DOC estimates the increase in population will increase incrementally over the fiscal year. For cost estimates, a snapshot of the midyear average population was used to determine fiscal impact.

Assumptions used to determine cost and rounded to the nearest whole number include:

• $41.21 (FY07 cost) inmate per capita costs with an inflation rate of 3% per each subsequent year.

• $2.43 (FY07 cost) average daily probation costs with an inflation rate of 3% per each subsequent year.

If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY07 average of $41.21 per inmate, per day or an annual cost of $15,042 per inmate) or through supervision provided by the Board of Probation and Parole (FY07 average of $2.43 per offender, per day or an annual cost of $887 per offender).

The following charts detail the estimated fiscal impact for the scope of the fiscal note (FYs 2009, 2010, and 2011), the estimated ten-year fiscal impact, and the assumptions used in determining these costs:

	End FY Population	Average Population	Emer Hsng Expense	Operating Expense	Construction Expense	Total Cost w/ Inflation
FY 2008	0	(current year which will have no costs incurred)
FY 2009	28	14	0	$210,588	0	$216,906
FY 2010	56	42	0	$631,764	0	$670,238
FY 2011	84	70	0	$1,052,940	0	$1,150,576
FY 2012	203	144	0	$2,166,048	0	$2,437,906
FY 2013	294	249	0	$3,745,458	0	$4,342,012
FY 2014	385	340	0	$5,114,280	0	$6,106,718
FY 2015	476	431	0	$6,483,102	0	$7,973,398
FY 2016	595	536	0	$8,062,512	0	$10,213,349
FY 2017	602	599	0	$9,010,158	0	$11,756,213
FY 2018	609	606	0	$9,115,452	0	$12,250,405
Total Ten-Year Fiscal Impact:						$57,117,721

In summary, supervision by the DOC through incarceration or probation would result in additional costs and although the exact fiscal impact is unknown, it is estimated that potential costs will be in excess of the indicated measurable dollar amount per year.

Officials from the Office of the State Public Defender (SPD) assume increasing penalties on existing crimes, or creating new crimes, will require more SPD resources. While the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional appropriations for this specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all its cases.

Oversight assumes the Office of the State Public Defender (SPD) could absorb the costs of the proposed legislation within existing resources. Oversight assumes any significant increase in the workload of the SPD would be reflected in future budget requests.

Officials from the Office of Prosecution Services did not respond to Oversight’s request for fiscal impact.

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

The proposed legislation changes the laws regarding the age of victims and offenders in various sexual offenses.

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

Statutory Rape and Sodomy Ages Assumptions
	Cost	Days	Total
Operating Expenses	41.21	365	15,042
Construction (C4 or C5 $55,000)			0
Emergency Housing	0.00	365	0
Operating Inflation (3.0%)			1.030
Emer. Hsng. Inflation (10%)			1.100
Construction Inflation (3.0%)			1.030

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011
Local Government	$0	$0	$0

FISCAL IMPACT - State Government	FY 2009 (10 Mo.)	FY 2010	FY 2011
GENERAL REVENUE FUND

Costs – Department of Corrections
Incarceration/probation costs	($216,906)	($670,238)	($1,150,576)

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND	($216,906)	($670,238)	($1,150,576)