COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0151-01
Bill No.: SB 22
Subject: Crimes and Punishment; Criminal Procedure; Boards, Commissions, Committees, Counsels; Department of Corrections
Type: Original
Date: March 17, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | (More than $383,692) | (More than $266,498) | (More than $185,022) |
| Total Estimated
Net Effect on General Revenue Fund |
(More than $383,692) | (More than $266,498) | (More than $185,022) |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Office of the Governor, Missouri House of Representatives, Missouri Senate, and the Office of State Public Defender assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Office of Attorney General (AGO) assume some costs could be incurred in handling death penalty cases during the moratorium. AGO assumes these costs would be negligible. AGO assumes costs could be absorbed within existing resources.
Officials from the Department of Corrections (DOC) assume the created commission and expenses for the study it performs will create an unknown cost in excess of $100,000 per year it is in operation. It is unknown what conclusions will be drawn from the study and what fiscal impact those conclusions would have for the DOC for new offenders and those currently incarcerated.
ASSUMPTION (continued)
Currently, the DOC performs an average of five executions per year in accordance with state statute pursuant to sentence of the Courts. Offenders normally serve at least ten years prior to execution due to the appeals process. Current (FY01) operation costs for incarceration are $44.80 per inmate, per day at a DOC maximum-security institution.
At this time, the DOC does not anticipate the need for additional beds as a consequence of passage of this proposal. It must be noted that the cumulative effect of various legislation, if passed as law, could result in the need for additional capital improvements funding if the total number of new offenders of those serving longer sentences exceeds current projected capacity. Estimated construction cost for one new maximum-security inmate bed is $55,000. Utilizing this per-bed cost provides for a conservative estimate by the DOC, as facility start-up costs are not included and entire facilities and/or housing units would have to be constructed to cover the cost of housing new/additional commitments resulting from the cumulative effect of various new legislation, if adopted as statute.
In summary, due to the previously noted factors, the potential fiscal impact for the DOC is unknown, but expected to be significant or in excess of $100,000 per year.
In response to a similar proposal from a previous session, officials from the Office of Administration - Division of Budget and Planning (OA) assumed that general revenue will provide funding for the Commission. OA further assumed that the commission would be staffed by an Executive Director ($51,252) and a Clerk IV ($26,460) in addition to the necessary
expense and equipment for each position. It was assumed that the nine members will meet in Jefferson City four times each during FY 2002 and FY 2003, and twice during FY 2004 which will add travel and hearing-related expenses. It was assumed that the commission will contract for a study to analyze data as outlined in the proposal. OA assumed the cost of the study will be similar to that incurred for the sentencing study, or about $130,000.
Oversight assumes DOC will incur similar personnel, expense, and equipment costs for this proposal because this proposal specifically creates the commission within the DOC.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections | |||
| Personal Service (2 FTE) | ($66,379) | ($81,646) | ($41,845) |
| Fringe Benefits | ($26,864) | ($33,042) | ($16,935) |
| Equipment and Expense | ($190,449) | ($51,810) | ($26,242) |
| Incarceration costs | (More than $100,000) | (More than $100,000) | (More than $100,000) |
| Total Costs - DOC | (More than $383,692) | (More than $266,498) | (More than $185,022) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND | (More than $383,692) | (More than $266,498) | (More than $185,022) |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $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 proposal would create a nine-member commission on the death penalty, within the Department of Corrections, to study all aspects of the death penalty as administered in Missouri. The commission would hold public hearings and review voluntary manslaughter, murder in the second degree, and murder in the first degree cases committed during or after 1977. The commission would report findings and recommendations in a report to the Governor, the General Assembly, and the Missouri Supreme Court by January 1, 2005. The commission would recommend changes to the death penalty laws to ensure adequacy of trial and appellate counsel, actual guilt of the defendant, elimination of race disparity, fair court procedures, and that prosecuting attorneys utilize similar criteria throughout the state in determining whether to seek the death penalty. No executions would take place during the commission's period of review, between August 28, 2002 and January 1, 2005.
DESCRIPTION (continued)
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 Attorney General
Office of State Courts Administrator
Department of Corrections
Office of the Governor
Missouri House of Representatives
Missouri Senate
Office of State Public Defender
Mickey Wilson, CPA
Director
March 17, 2003