This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0766 - Clarifies law regarding calculation of minimum prison terms
SB 766 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3317-02

BILL NO. Truly Agreed To and Finally Passed SB 766

SUBJECT: Corrections Department; Crimes and Punishment; Prisons and Jails

TYPE: Original

DATE: April 20, 1998


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 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the State Courts Administrator, Office of the Attorney General, Office of Prosecution Services and State Public Defender assume that this proposal would have no fiscal impact to their agencies.

Officials of the Department of Corrections (DOC) stated that the Missouri Supreme Court recently decided that "remands" to the DOC (referenced in RSMo 558.019) mean only returns to DOC custody on a repeat conviction. Since 1994, the DOC has been interpreting remands to mean any "prison commitment," including the first one, not only returns. This bill changes the language in such a way as to make the referenced section conform to the DOC definition. Since the DOC is currently treating inmate cases in a way consistent with this proposed definition, passage of this proposal would result in no fiscal impact to the DOC.

FISCAL IMPACT - State Government FY 1999 FY 2000 FY 2001
0 0 0
FISCAL IMPACT - Local Government FY 1999 FY 2000 FY 2001
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 clarify the way in which minimum prison terms are to be calculated, by defining "remand" to mean "a commitment to the department of corrections after conviction and

sentencing."

This proposal contains an emergency clause.

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

Department of Corrections

State Courts Administrator

Office of Prosecution Services

Office of the Attorney General

State Public Defender



Jeanne Jarrett, CPA

Director

April 20, 1998