SB 0702 - Fiscal Note

Fiscal Note - SB 0702 - Prohibits death sentence in first degree murder case involving mentally retarded defendant

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2255-02

BILL NO. SB 702

SUBJECT: Criminal Procedure; Crimes and Punishment; Mental Health; Judges

TYPE: Original

DATE: January 28, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Department of Health, Department of Public Safety, State Courts Administrator, and State Public Defender assume that this proposal would have no fiscal impact to their agencies.

Officials of the Office of Prosecution Services (OPS) assume that this proposal would have no impact to their agency and minimal impact on local prosecutors. In response to a similar proposal from a previous legislative session, OPS assumed there could be an increase in hearings regarding the mental status of defendants thereby making caseloads more protracted. This impact would be more pronounced in the urban areas, although specific fiscal impact to any given county prosecutor is unknown.

Officials of the Greene County Prosecutor assume that there would be unknown costs to their office depending on the number of cases that result from this proposal and the amount of expert testimony required for those cases.

In response to a similar proposal officials from the Office of the St. Louis County Prosecuting Attorney assumed the proposal could have an unknown fiscal impact on their office.

Oversight assumes that any cost increases to local governmental units and prosecutors due to the protraction of cases would likely be offset by cases involving defendants already adjudged to be mentally retarded before the case is tried, thereby eliminating the cost of capital punishment jury consideration at the end of those trials.

Officials of the Department of Corrections (DOC) assume any fiscal impact incurred by their department would occur in the long-term. Currently, offenders of murder in the first degree receive a sentence of death or imprisonment for life without eligibility for probation or parole. This proposal would exempt mentally retarded first degree murder offenders from receiving a death sentence, resulting instead in a sentence of life imprisonment. Based upon historical data, the DOC averages approximately 78 commitments annually for murder in the first degree. Approximately three offenders on the average of the 78 committed tested with an IQ below 70 and DOC assumed they would meet the criteria under this proposal for being mentally retarded.

DOC officials stated that currently, not all first-degree murderers receive the death penalty. The number of offenders the court would declare as mentally retarded is unknown, but DOC officials assume it would be a small percentage. Offenders declared as ineligible for a death sentence would receive a life sentence resulting in the DOC incurring a fiscal impact after the tenth year of implementation of this proposal since the average length of incarceration for executed inmates exceeds ten years.

ASSUMPTION (continued)

In response to a similar proposal, DOC assumed that if a 20-year-old individual had to be incarcerated for the remainder of his life and lived to be 70 years of age, DOC would be required to incarcerate this individual for an additional forty years after the average appeals process. Normally, the individual is executed after the appeals have been exhausted and the cost to DOC is ended. Under this proposal, DOC would be required to incarcerate the individual for his lifetime, barring a governor's pardon. At a cost of approximately $10,000 per year (not accounting for inflation) to house, feed and clothe an individual, the long-range cost could range from $0 to $400,000 annually per inmate.

In response to a similar proposal, Department of Mental Health assumed the proposal would have no fiscal impact to their agency.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0
GENERAL REVENUE FUND
Long Range Cost - Costs of incarceration of one additional person could range from $0 to $400,000, depending on how long the individual lives. Actual fiscal impact would not be realized for approximately ten years from the time of conviction.
Long Range Savings - In the absence of a death sentence, some appeals processes would be less protracted, and especially in cases where mental illness issues are raised and expert medical evidence is required, the appeals process is often as costly as long-term incarceration. Because there is no way to determine exactly how many or how extensive each case involving mental retardation may become, total cost savings are unknown.
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(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

This proposal would prohibit a death sentence in first degree murder case involving a defendant determined to be mentally retarded. The court would be required to determine that the person on trial was mentally retarded prior to committing the crime. A person would be considered mentally retarded under this section if he met all three of the following: 1) in the bottom 3% of the population in intelligence (an I.Q. of 70 or below would be one way to determine this); 2) had significant impairments in his behavior; and 3) if his retardation appeared before age 18.

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

Office of the State Public Defender

Office of Prosecution Services

Office of the Attorney General

Department of Health

Department of Mental Health

Office of the St. Louis County Prosecuting Attorney

Office of the Greene County Prosecuting Attorney

NOT RESPONDING: Office of the Jackson County Prosecuting Attorney

Jeanne Jarrett, CPA

Director

January 28, 1998