COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0279-01
Bill No.: SB 160
Subject: Crimes and Punishment; Criminal Procedure; Victims of Crimes
Type: Original
Date: February 6, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| Total Estimated
Net Effect on General Revenue Fund |
Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| 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 Department of Public Safety - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Department of Public Safety - Division of Fire Safety (DFS) assume the proposed legislation may effect the frequency their investigators are called to testify in court, or the duration of their testimony. However, the DFS assumes the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of Attorney General assume the costs of handling any criminal appeals arising from this proposal could be absorbed within existing resources.
Officials from the Office of Prosecution Services assume the proposal could have a fiscal impact on prosecutors as it creates a new crime. However, the increase across the state would not be substantial.
ASSUMPTION (continued)
Oversight assumes the increased cost to prosecutors could be absorbed within existing resources.
Officials from the Office of State Public Defender assume existing staff could provide representation for those few cases arising where indigent persons were charged with a hate crime via arson. Last FY, the State Public Defender System provided representation in 123 arson cases and four hate crime cases. However, passage of more than one similar bill would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the additional cases.
Officials from the Department of Corrections (DOC) assume defined arson crimes could be charged as a hate crime punishable as a class A felony. Currently Arson I is a class A felony and is also classified as a Dangerous Felony (and would be required to serve 85% of their sentence) so the new language would not affect 1st degree Arsonists.
Arson II offenders are currently charged with a class C felony and there were 39 admittances to the DOC in FY01 for this crime. Charges for a class A felony pursuant to the modification would find them serving 4 extra years after the 2nd year out of currently served time. Using the basis of the percentage of property damage offenses motivated by discrimination (1.6%) would give an approximate of 1 offender charged under this new crime with the effect felt the 3rd year.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY01 average of $35.78 per inmate per day, or an annual cost of $13,060 per inmate) or through supervision provided by the Board of Probation and Parole (FY01 average of $3.34 per offender per day, or an annual cost of $1,219 per offender).
The DOC is unable to determine the number of additional inmate beds that may be required as a consequence of passage of this proposal. Estimated construction cost for one new medium to 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 commitments resulting from the cumulative effect of various new legislation, if adopted as statute.
In summary, supervision by the DOC through probation or incarceration would result in additional unknown costs to the department. Eight (8) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, estimates indicate the impact would be less than $100,000 per year for the DOC.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections
Incarceration/probation costs |
Less than ($100,000) |
Less than ($100,000) |
Less than ($100,000) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
Less than ($100,000) |
Less than ($100,000) |
Less than ($100,000) |
| 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 proposed legislation makes arson in the 1st degree and arson in the 2nd degree a class A felony if the building or structure damaged is a church or place of worship and race, color, religion, national origin, sex, sexual orientation, or disability of the victim(s) is a motivational factor.
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
Department of Public Safety
- Division of Fire Safety
- Missouri State Highway Patrol
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
February 6, 2003