Fiscal Note - SB 0054 - Mentally Ill Persons May Be Dismissed of Criminal Charges If Court Finds That Accused Should Be Committed
L.R. NO. 0341-02
BILL NO. SB 54
SUBJECT: Criminal Procedure: Mentally Ill Persons
TYPE: Original
DATE: January 7, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator, the Department of
Mental Health, the Office of the State Public Defender, and the Office of
Prosecution Services assume the proposed legislation would have no fiscal
impact on their agencies.
Officials from the Department of Corrections (DOC) assume that new beds might
have to be constructed to accommodate an increase in offenders committed due
to passage of the proposed legislation. However, DOC cannot determine the
number of offenders that would be convicted under the provisions of this
proposal.
Oversight assumes the number of additional persons sentenced to the custody
of the DOC as a result of this proposal would be minimal, if any. Therefore,
Oversight assumes that any costs incurred by the DOC as a result of this
proposal would be minimal and could be absorbed with existing resources.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposed legislation would prevent the possibility, under current law, of
an individual avoiding prosecution if he is found incompetent to stand trial
but is later found competent to manage his own affairs.
Criminal charges against an individual lacking mental fitness to be tried
would not be dismissed until guardianship or civil commitment proceedings
have been filed under Chapter 475 or 632, RSMo, and the court finds that the
individual should be appointed a guardian or committed. Under current law,
charges are dismissed against such individuals unless guardianship or
civil commitment proceedings have been filed. The proposal would require
that any charges dismissed would be dismissed without prejudice and could be
refiled.
The statute of limitations for bringing a criminal action against an
individual lacking mental fitness to be tried would be tolled during the
period of the individual's incapacity.
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 Mental Health
Office of the State Public Defender
Office of Prosecution Services
Department of Corrections
This Fiscal Note is not an official copy and should not be quoted or cited.