This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0961 - Death Penalty For Persistent Sexual Offenders
L.R. NO.  3559-02
BILL NO.  SB 961
SUBJECT:  Sex Offenders
TYPE:     Original
DATE:     March 25, 1996

                              FISCAL SUMMARY

FUND AFFECTED              FY 1997             FY 1998           FY 1999

General Revenue         ($146,685)          ($161,603)        ($165,342)

Total Estimated
Net Effect on All
State Funds             ($146,685)          ($161,603)        ($165,342)


FUND AFFECTED              FY 1997             FY 1998           FY 1999

None                            $0                  $0                $0

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


FUND AFFECTED              FY 1997             FY 1998           FY 1999

Local Government         (Unknown)           (Unknown)         (Unknown)

                              FISCAL ANALYSIS


Officials of the Office of Administration, Department of Public Safety -
Missouri Highway Patrol, Department of Social Services, Office of the
Attorney General, Office of the Governor and the Missouri Sheriff's
Association assume this proposal would not fiscally impact their agency.

Officials of the Office of the State Courts Administrator assume this
proposal would have a minimal fiscal impact on their agency.

Officials of the Department of Corrections (DOC) assume that the impact
incurred by their agency will be long term.  Currently, persistent sexual
offenders receive sentences of at least thirty years, which term shall be
served without probation or parole.  DOC will incur additional incarceration
costs for persistent sexual offenders sentenced to life imprisonment without
the possibility of probation or parole.  Any additional incarceration costs
for a persistent sexual offender will occur after at least the thirtieth of
year of incarceration, up until the natural death of the persistent sexual
offender.  If a persistent sexual offender receives a sentence of death, it
is assumed that the fiscal impact will occur after the tenth year of
implementation since the average length of incarceration for inmates who are
executed is ten years.

Officials of the Office of Prosecution Services assume this proposal would
not fiscally impact their agency.  However, they feel that this proposal
could result in more jury trials due to a reduction of plea bargains.  They
assume that this reduction of plea bargains would have a substantial impact
on the caseloads of county prosecutors, which will result in unknown
increased costs for counties.

Officials of the Office of the State Public Defender assume that 15 cases per
year would qualify for the death penalty or life in prison under the
requirements of this proposal.  Officials assume that raising 15 cases from
an A/B felony to a death penalty case, would require additional attorneys and
support staff; as an attorney can only provide representation in 3 death
penalty cases per year.  They assume an additional 8.25 FTE, plus related
equipment and expenses, would be required to implement the additional duties
outlined in this proposal.  4.75 Assistant Public Defenders ($31,620) would
represent indigent persons accused as "persistent sexual offenders".  1
Investigator ($20,664), 2 Secretaries ($17,376), and 0.50 Paralegal ($20,664)
would provide support to the Assistant Public Defender positions.  Equipment
would include office furniture, and personal computers for 9 FTE.  Expenses
would include travel, office supplies, communications, rental space, and
mitigation expense.

Oversight assumes that this proposal does not expressly deny a defendant the
opportunity to plea bargain, and given the severity of the punishment
Oversight assumes some defendants will choose to plea bargain to a lesser
charge.  Oversight further assumes that the death penalty option will only be
pursued in a fraction of the cases, and assumes that 2 public defenders and 1
secretary would be sufficient to carry out the additional duties associated
with this proposal.

Oversight assumes that the State Public Defender would locate new FTE in
existing facilities, and therefore has not included additional rental costs
as a result of this proposal.

FISCAL IMPACT - State Government      FY 1997    FY 1998    FY 1999
                                     (10 Mo.)

Cost - State Public Defender
  Personal Service   (3 FTE)        ($68,832)  ($84,697)  ($86,815)
  Fringe Benefits                   ($21,159)  ($26,036)  ($26,687)
  Expense and Equipment             ($56,694)  ($50,330)  ($51,840)
Total cost - State Public Defender ($146,685) ($161,063) ($165,342)

FISCAL IMPACT  - Local Government     FY 1997    FY 1998    FY 1999
                                     (10 Mo.)
Cost - Counties
  Additional Trials                 (Unknown)  (Unknown)  (Unknown)


This proposal would increase the sentence for a persistent sexual offender to
death, or life imprisonment without eligibility for probation or parole.  A
"persistent sexual offender" is defined as an offender who has been convicted
at least twice of any of the following:  1) forcible rape;  2) forcible
sodomy;  3) statutory rape; or  4) statutory sodomy.

Procedures would be established for trials where the death penalty is sought
which are similar to current procedures applied in first degree murder cases.
The following aggravating factors may be considered by the jury in deciding
whether to impose the death penalty:

   1) The offender has a prior history of committing violent crimes; 2) The
   offense involved torture or depravity; 3) The offender committed the crime
   after escaping police custody; 4) A weapon was used and whether serious
   physical injury was inflicted on the victim; and 5) The victim of the
   offense was under age thirteen.

The following mitigating factors may be considered by the jury in deciding
whether to impose the death penalty:

   1) The offender has no significant criminal history other than the prior
   sexual offense; 2) The offender was under the influence of extreme mental
   disturbance at the time of the offense; 3) The offender acted under
   duress; 4) The offender lacked capacity to appreciate the criminality of
   his conduct; and 5) The age of the offender at the time he committed the

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


Department of Corrections
State Courts Administrator
Office of the Attorney General
State Public Defender
Office of Prosecution Services
Department of Public Safety
Office of Administration
Office of the Governor
Department of Social Services
Missouri Sheriff's Association

NOT RESPONDING:  St. Louis County Prosecutor, St. Louis City Prosecutor,
Jackson County Prosecutor