This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0958 - Forcible compulsion in rape and sodomy cases includes drugging of victim
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 3973-01
BILL NO. SB 958
SUBJECT: Crimes and Punishment: Drugs and Controlled Substances
TYPE: Original
DATE: March 3, 1998
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS Net Effect on All State Funds
FUND AFFECTED
FY 1999
FY 2000
FY 2001 General Revenue
(Unknown)
(Unknown)
(Unknown)
Total Estimated
*(Unknown)
*(Unknown)
*(Unknown)
*Not expected to exceed $100,000 annually.
|
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 Missouri Sheriffs' Association, Missouri Police Chiefs' Associations, State Courts Administrator, Office of the Attorney General, Department of Public Safety - Missouri State Highway Patrol and Office of Prosecution Services assume this proposal would have no impact to their agencies.
Officials of the State Public Defender (SPD) assume that existing staff could provide representation for those 20-30 cases arising where indigent persons were accused of "forcible rape or forcible sodomy using a controlled subsance". However, passage of more than one similar bill would require the SPD system to request increased appropriations to cover the cumulative cost of representing the indigent accused.
Officials of the Department of Corrections (DOC) stated that new commitments which could result from the widening of the offense outlined in this proposal could not be accurately determined. The utilization of this law depends upon actions of prosecutors and the courts.
If additional persons were sentenced to the custody of the DOC due to the provisions of this proposal, the DOC would incur a corresponding increase in operational costs either through incarceration (average of $30.37 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $2.47 per offender, per day). The fiscal impact, as it relates to the DOC, is 'Unknown.'
DOC officials anticipate that new beds might have to be constructed to accommodate the number of offenders receiving longer sentences due to passage of this proposal. At this time, the DOC is unable to determine the number of people that would be convicted under the provisions of this proposal to estimate the fiscal impact for additional capital improvements. Estimated construction cost for one new maximum security inmate bed is $48,800.
Oversight assumes that due to the nature of the offenses, it is likely that the offense outlined in this proposal would be charged with other offenses and would not result in a substantial number of new cases. Therefore, Oversight assumes the fiscal impact should not exceed $100,000 annually.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| GENERAL REVENUE FUND | |||
| Cost - Department of Corrections | |||
| increased beds | *(Unknown) | *(Unknown) | *(Unknown) |
| *Not expected to exceed $100,000 annually. | |||
| 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 clarify that forcible compulsion in a rape or sodomy would include the use of drugs which render the victim incapable of making an informed consent.
This legislation is not federally mandated, would not duplicate any other program and could require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Corrections
Office of the Attorney General
Office of Prosecution Services
State Public Defender
State Courts Administrator
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
Department of Public Safety - Missouri State Highway Patrol
Jeanne Jarrett, CPA
Director
March 3, 1998