COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4041-03

Bill No.:          Perfected HCS for HB 1550

Subject:           Courts; Children and Minors

Type:              Original

Date:               April 9, 2008

Bill Summary:            The proposal expands the jurisdiction of juvenile courts to include individuals who are over the age of 17 but under the age of 18 for the purpose of status offenses.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 7 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 Corrections, Department of Public Safety – Missouri State Highway Patrol, and the – Director’s Office assume the proposal would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would provide for juvenile court jurisdiction termination at age eighteen for status offenses.

CTS assumes this would cause a significant workload and fiscal impact on the courts. CTS anticipates there will be approximately 4,456 additional status offenses annually. Approximately 6% of status offenses result in detention. Since services provided in the juvenile justice system are significantly greater than those in the adult justice system, any adult “cost avoidance” would not be sufficient to handle the change.

Based upon projected additional violations in the 35 multi-county circuits in Missouri, the FY 2009 estimated juvenile personnel cost in these circuits would be $1,767,489 and 33 juvenile officer FTE. Overall detention days for approximately 273 additional juveniles are projected to increase by 4,914, costing the state an additional $68,796 in per diem reimbursement pursuant to Section 211.156, RSMo.

CTS estimate does not include the fiscal impact for the 10 single-county circuits. CTS is currently working with these circuits to determine the fiscal impact. However, CTS assumes the fiscal impact for the single-county circuits will be increased costs of approximately $1,000,000 and 19 additional juvenile officer FTE.

Oversight assumes the Office of State Courts Administrator would incur increased costs due to a significant increase in workload. Oversight assumes these costs to be more than $100,000 per fiscal year.

Oversight assumes the Office of State Courts Administrator (CTS) would incur an increase in the per diem reimbursement pursuant to Section 211.156. Based on information received from CTS, Oversight assumes the increased per diem reimbursement to be more than $68,796 per fiscal year.

ASSUMPTION (continued)

Oversight assumes the single-county circuits would incur the cost of the salaries, fringe benefits, and equipment and expenses for 19 FTE. For fiscal note purposes, Oversight assumes the salary and fringe benefit percentage per FTE would be the same as provided by the CTS.

Oversight assumes counties would incur the equipment and expense costs for the 52 FTE juvenile officers. Oversight assumes this cost to be approximately $2,500 per FTE in FY 09 and approximately $500 per FTE in subsequent years.

Oversight has reflected all costs as $0 or the estimated cost because the proposal would not take effect until appropriations for additional juvenile officers and deputy juvenile officers exceeds by $3.8 million the amount spent by the state for such officers in FY 07. Information provided by Office of State Courts Administrator indicates the actual amount spent in FY 07 for juvenile officers was $9,388,562.

Officials from the Department of Social Services (DOS) assume for purposes of juvenile court jurisdiction, this legislation extends jurisdiction to age 18 for status offenses only by redefining the terms “adult,” “child,” and “status offense.” Currently, youth age 17 and older are considered adults. This change would apply only to status offenders; not to children who have committed crimes. The proposal would not take effect until additional funding in the amount of $3.8 million is allocated for additional juvenile officers and deputy juvenile officers.

DOS states the amendment clarifies the language in a number of places, but the only substantive change is the addition of Section 1, which requires the Office of State Courts Administrator (CTS) to conduct a study and report to the General Assembly by June 30, 2009, on the impact of changing the definition of child to include any person over 17, but less than 18, years of age alleged to have committed a status offense. The report must contain information regarding the impact on caseloads of juvenile officers, including the average increase in caseload per juvenile officer for each judicial circuit, and the number of children affected by the change in definition.

Since the report has to be prepared by CTS, DOS assumes the proposal will have no fiscal impact. 

Officials from the Office of Prosecution Services (OPS) assume this proposal would not have a significant direct fiscal impact on county prosecutors or the Office of Prosecution Services.

ASSUMPTION (continued)

Officials from the Office of the State Public Defender (SPD) assume this proposal 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.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

The proposal expands the jurisdiction of juvenile courts to include individuals who are 17 years of age for the sole purpose of status offenses by revising the definition of “child” and “adult.” “Status offense” is defined as any offense described in Section 211.031.1(2), RSMo. The provisions in Section 211.031 shall not take effect until such time as appropriations by the general assembly for additional juvenile officer full-time equivalents and deputy juvenile officer full-time equivalents exceed by $3.8 million the amount spent by the state for such officers in fiscal year 2007.

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 Social Services

Department of Public Safety

            – Missouri State Highway Patrol

            – Director’s Office

Office of the State Public Defender

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 9, 2008