COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1515-01
Bill No.: SB 409
Subject: Crimes and Punishment; Agriculture and Animals
Type: Original
Date: March 10, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | (More than $100,000) | (More than $100,000) | (More than $100,000) |
| Total Estimated
Net Effect on General Revenue Fund |
(More than $100,000) | (More than $100,000) | (More 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 Agriculture, Department of Natural Resources, Department of Public Safety - Capitol Police, - Missouri State Water Patrol, and the
- Missouri State Highway Patrol 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 Prosecution Services assume prosecutors could absorb the costs of the proposed legislation 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 unlawful release of anhydrous ammonia. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.
ASSUMPTION (continued)
Officials from the Department of Corrections (DOC) assume the proposed legislation creates the crime of unlawful release of anhydrous ammonia and is punishable as a class B felony unless the result is serious injury or death and then it is a class A felony.
The average prison time served for a class B and A felony is 39.5 months and 92 months, respectively. Existing statute that is closest to this proposal (for review of data) is a class D felony for theft of anhydrous ammonia and those offenders serve an average of 30 months. In FY02, the DOC had 11 new admissions for this crime.
Currently, the DOC cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
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 (FY02 average of $35.52 per inmate, per day or an annual cost of $12,965 per inmate) or through supervision provided by the Board of Probation and Parole (FY02 average of $3.10 per offender, per day or an annual cost of $1,132 per offender). Eight (8) persons would have to be incarcerated per fiscal year to exceed $100,000 annually.
At this time, the DOC is unable to determine the number of people who would be convicted under the provisions of this bill and therefore 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 incarceration or probation would result in additional costs and although the exact fiscal impact is unknown, it is estimated that potential costs will be in excess of $100,000 per year.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections | |||
| Incarceration/probation costs | (More than $100,000) | (More than $100,000) | (More than $100,000) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
(More than $100,000) |
(More than $100,000) |
(More 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 would create the crime of unlawful release of anhydrous ammonia, a class B felony, unless the release causes death or serious physical injury to any person, in which case it would be a class A felony.
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 Agriculture
Office of State Courts Administrator
Department of Natural Resources
Department of Corrections
Department of Public Safety
- Capitol Police
- Missouri State Water Patrol
- Missouri State Highway Patrol
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
March 10, 2003