COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 3145-12
BILL NO.: Perfected SS for SCS for SBs 757 & 602
SUBJECT: Revises Various Child Protection Laws
TYPE: Original
DATE: February 23, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| General Revenue | Exceeds ($147,655) | Exceeds ($152,283) | Exceeds ($153,629) |
| Total Estimated
Net Effect on All State Funds |
Exceeds ($147,655) | Exceeds ($152,283) | Exceeds ($153,629) |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| Local Government | Exceeds ($200,000) | Exceeds ($200,000) | Exceeds ($200,000) |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 7 pages.
ASSUMPTION
Officials from the Office of Prosecution Services, Department of Health, and Department of Public Safety - Missouri Highway Patrol have assumed for similar proposals from this session that this proposal will not fiscally affect their agencies.
Officials from the Office of State Courts Administrator (OSCA) stated there may be some increase in the number of cases filed, but the OSCA would not anticipate a significant impact on the workload of the judiciary.
Officials from the Office of State Public Defender (SPD) have responded to similar proposals from this session and stated that in FY 99, the SPD provided representation in 507 cases of endangering the welfare of a child for indigent clients. If just 20 % of these cases could be filed as child assault cases, then approximately 100 cases would move from a D felony to an A or B felony. As the severity of a case escalates, the amount of attorney time required to provide representation also escalates. The SPD assumes they will need one-half of an FTE for an Assistant Public Defender ($33,360) and one-quarter of an FTE for a Paralegal ($23,112). The new FTE would require the necessary expense and equipment items as well.
Oversight assumes that the SPD could hire one additional Assistant Public Defender to handle the increased workload resulting from enactment of this proposal. Oversight has removed the rental costs from the fiscal estimate provided by the Office of State Public Defender.
Officials from the Department of Social Services - Division of Legal Services (DLS) assume this proposal requires the local child fatality review panel to review all deaths of children that meet guidelines set by the Department of Social Services. Local child fatality review panels currently have guidelines as to which deaths to review and are trained to use the guidelines. Additionally, the panel has discretion to review any child death reported to it by the medical examiner or coroner. Some local child fatality review panels currently review all deaths in their county.
The DLS stated the proposal differentiates, in child fatality cases, whether a medical examiner/coroner or the child's personal physician shall notify the Division of Family Services within 24 hours. The DFS is currently taking information on child fatalities. The proposal modifies the time frame as to when the Division of Family Services is contacted. The proposal also add reports of child pornography to be investigated, along with other reports alleging criminal violations on a child. The Division of Family Services already investigates reports of
child pornography.
ASSUMPTION (continued)
The proposal modifies expungement criteria and time frame in reports where Division of Family Services finds insufficient evidence. The Division of Family Services is to maintain reports concluded with insufficient evidence for 10 years form the date of the report or date of last report if there were subsequent reports. The electronic storage of data will be addressed by the Department of Social Services - Division of Data Processing.
The proposal includes child physical abuse, neglect, exploitation and fatalities along with child sexual abuse, within the purview of the State Technical Assistance Team (STAT). The proposal requires the STAT investigators to have proper training for peace officers. STAT investigators currently meet this training requirement and receive continuing education.
The DLS stated there is no programmatic or fiscal impact to the DLS contained in the proposal. Current resources will continued to be utilized to meet the statutory requirements.
Officials from the Department of Social Services - Division of Family Services (DFS) stated
there is no programmatic or fiscal impact to the DFS contained in this proposal. Current resources will continue to be utilized to meet the statutory requirements.
Officials from the Department of Social Services - Division of Data Processing (DDP) the DDP stated the child abuse system currently uses 2,300 cylinders for record retention. The DDP estimates the provisions of this legislation would require an additional 9,200 cylinders of disk storage (8 gigabytes) for 10 year retention. Costs were estimated at $3,445, $4,258, and $4,386 for FY 01, FY 02, and FY 03, respectively for the additional computer storage space. The costs were charged to the General Revenue Fund.
Officials from the Department of Elementary and Secondary Education (DESE) assume this proposal will not fiscally affect their agency. The DESE went on to state that local multi-disciplinary teams conducting investigations are now to include a liaison of the local public school district. It is assumed that most school districts will be able to accommodate this provision with existing staff.
However, the proposal will affect the local school districts by an unknown amount expected to exceed $100,000 annually for Internet filtering software. The DESE estimates that there are 140,286 computers around Missouri school districts with Internet connectivity. Forty-two (42%) percent of districts report using filtering software on 85% of their computers. The distribution of these computers across the districts is not known. Filtering software ranges in cost from $0 to $25. Additionally, software prices and capabilities vary according to the target age level.
ASSUMPTION (continued)
Given this information, DESE believes the cost of this proposal would be significant, and in excess of $100,000. The DESE does not believe there is enough information available to construct a specific cost estimate. Oversight will reflect unknown costs exceeding $100,000 annually for local school district funds.
Oversight will also reflect unknown costs (not expected to exceed $100,000 annually) to the local library districts if they should choose to buy Internet filtering software. The proposal gives the local public libraries the option to buy the software or to set policy regarding Internet access. Oversight will also include the possibility of costs to local city and county governments, which operate public libraries, should the libraries choose to install Internet filtering software.
Officials from the Department of Corrections (DOC) have responded to similar proposals from this session that they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in this proposal. An increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons were sentenced to the custody of the DOC due to the provisions of this legislation, the DOC would incur a corresponding increase in operational costs either through incarceration (at least $35.00 per inmate, per day) or through supervision provided by the Board of Probation and Parole (at least $3.00 per offender, per day).
Due to the wide variance of newly created crimes and punishments, the fiscal impact as it relates to the DOC is unknown.
The DOC anticipates that new beds might have to be constructed to accommodate the number of offenders receiving longer sentences due to 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 the proposal could result in more offenders being incarcerated or placed on probation. Additional costs for supervision and care by the DOC, although unknown, would
likely exceed $100,000 annually.
ASSUMPTION (continued)
Oversight notes the proposal requires the local Child Fatality Review Panels to investigate all deaths, which meet the DOSS guidelines for review, of children under the age of 18. The Department of Health - Bureau of Vital Statistics reports that during 1998, there were 1,035 deaths of persons under the age of 18 in the state. The breakdown of deaths of persons under the age of 18 is as follows:
0 to 1 years old - 573 deaths
1 to 4 years old - 112
5 to 9 years old - 77
10 to 14 years old - 101
15 to 17 years old - 172
Total deaths 1,035
Oversight cannot predict the number of deaths of persons under the age of 18 the local child fatality review teams will choose to investigate. However, it would be reasonable to assume some deaths of children will now be reviewed that would not have been reviewed prior to enactment of this proposal. The requirements of this proposal should not cause the local officials involved in the child fatality review boards to hire additional personnel, however, miscellaneous costs could increase. These local government costs are unknown, but not expected to exceed $100,000 annually.
| FISCAL IMPACT - State Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| GENERAL REVENUE FUND | |||
| Costs - Office of State Public Defender | |||
| Personal Service (1 FTE) | ($27,800) | ($34,194) | ($35,049) |
| Fringe Benefits | ($8,549) | ($10,515) | ($10,778) |
| Expense and Equipment | ($7,861) | ($3,316) | ($3,416) |
| Total Costs - State Public Defender | ($44,210) | ($48,025) | ($49,243) |
| Costs - Department of Social Services - | |||
| Division of Data Processing | |||
| Disk Storage | ($3,445) | ($4,258) | ($4,386) |
| Costs - Department of Corrections | Exceeds | Exceeds | Exceeds |
| Increased Incarceration or Probation | ($100,000) | ($100,000) | ($100,000) |
| ESTIMATED EFFECT ON | Exceeds | Exceeds | Exceeds |
| GENERAL REVENUE FUND | ($147,655) | ($152,283) | ($153,629) |
| FISCAL IMPACT - Local Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| LOCAL GOVERNMENTS | |||
| Costs- City and County Government | |||
| Increased Costs for Child Fatality Review | |||
| Panels and Possible Internet Filtering | |||
| Software for City or County Owned | Exceeds | Exceeds | Exceeds |
| Libraries | ($100,000) | ($100,000) | ($100,000) |
| Costs - Local School Districts | Exceeds | Exceeds | Exceeds |
| Internet Filtering Software | ($100,000) | ($100,000) | ($100,000) |
| Costs - Local Library Districts | |||
| Possible Internet Filtering Software* | (Unknown) | (Unknown) | (Unknown) |
| ESTIMATED EFFECT | |||
| ON LOCAL | Exceeds | Exceeds | Exceeds |
| GOVERNMENT FUNDS | ($200,000) | ($200,000) | ($200,000) |
* These unknown costs not expected to exceed $100,000 annually.
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal makes various changes to the statutes regarding child abuse and neglect, child pornography, Internet access in public and private schools and public libraries.
This legislation is not federally mandated, would not duplicate any other program and may require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of Prosecution Services
Department of Social Services
Office of State Courts Administrator
Department of Corrections
Office of State Public Defender
Department of Public Safety - Missouri Highway Patrol
Department of Health
Department of Elementary and Secondary Education
Jeanne Jarrett, CPA
Director
February 23, 2000