Bill Summary: The proposal changes the laws regarding the crime of endangering the welfare of a child in the first degree and adds a penalty for the possession of a controlled substance in the presence of a minor.

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2009	FY 2010	FY 2011
General Revenue	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)

Total Estimated Net Effect on General Revenue Fund	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)

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).

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

Officials from the Department of Social Services, Department of Public Safety – Missouri State Highway Patrol, – Director’s Office, Boone County Sheriff’s Department, and the Springfield Police Department assume the proposal 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 Department of Corrections (DOC) assume the penalty provision component of the bill resulting in potential fiscal impact for the DOC, is for up to a class B felony.

Currently, the DOC cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.

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 $15,040 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).

In summary, supervision by the DOC through probation or incarceration would result in additional unknown costs to the department. Seven (7) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, it is assumed the impact would be less than $100,000 per year for the DOC.

Officials from the Office of Prosecution Services (OPS) state that in the absence of estimates as to the number of increased cases that would be referred to County Prosecutors for charges because of this proposed legislation, it is difficult to determine the extent to which this proposal would have a direct fiscal impact on county prosecutors or the Office of Prosecution Services.

The Office of State Courts Administrator reports that in fiscal year 2006, 17,773 drug charges were filed in Circuit Courts statewide. This amounts to over 26% of all charges filed in Circuit Courts. Therefore, OPS assumes, even in the absence of estimates as to the number of increased cases, that the most likely scenario is that there would be an increase in the number of charges referred to prosecutors, which would in turn have a fiscal impact on county prosecutors.

In addition, establishing the punishment for possession of a controlled substance in the presence or residence of a person less than seventeen years of age as a class B felony will increase the time and complexity of handling such cases which will in turn have an additional fiscal impact on prosecutors though the full extent of such fiscal impact can not be determined at this time.

Oversight assumes the Office of Prosecution Services and county prosecutors could absorb any additional costs incurred as a result of the proposed legislation within existing resources.

Officials from the Office of the State Public Defender (SPD) assume this new crime 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 Greene County Sheriff’s Department, Jackson County Sheriff’s Department, St. Louis County Police Department, Columbia Police Department, Kansas City Police Department, and the St. Louis Metropolitan Police Department 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 proposal makes it a class B felony to possess or have under one’s control a controlled substance in the presence of or in a residence where a person younger than 17 years of age. The proposal also expands the crime of endangering the welfare of a child in the first degree to include possession of amphetamine or methamphetamine in the presence of or in a residence of a person younger than 17 years of age.

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

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

Costs – Department of Corrections
Incarceration/probation costs	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)