COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 4257-01
BILL NO.: SB 941
SUBJECT: Revises Certain Offenses Against Children
TYPE: Original
DATE: February 15, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| General Revenue | Exceeds ($100,000) | Exceeds ($100,000) | Exceeds ($100,000) |
| Total Estimated
Net Effect on All State Funds |
Exceeds ($100,000) | Exceeds ($100,000) | Exceeds ($100,000) |
| 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 | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator and Office of Prosecution Services assume this proposal will not fiscally affect their agencies.
Officials from the Office of State Public Defender (SPD) stated for the purpose of this proposal, the SPD has assumed existing staff could provide representation for those 25 to 50 cases arising where indigent persons were charged with causing children 14 to 16 years of age to have sexual contact with either the offender or another, with the intent to arouse or satisfy the sexual desires of the child, the offender, or another. However, passage of more than one similar proposal would require the SPD to request increased appropriations to cover cumulative costs of representing the indigent accused in the additional cases.
Officials from the Department of Corrections (DOC) did not respond to our request for fiscal impact. However, for similar proposals from this session the DOC stated 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).
The DOC has not responded to Oversight's request for fiscal information nor have they provided a ten-year prison impact statement as required by Section 217.022 RSMo. However, 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.
| FISCAL IMPACT - State Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections | |||
| Increased Incarceration or Probation Costs | Exceeds ($100,000) | Exceeds ($100,000) | Exceeds ($100,000) |
| ESTIMATED EFFECT ON | Exceeds | Exceeds | Exceeds |
| GENERAL REVENUE FUND | ($100,000) | ($100,000) | ($100,000) |
| FISCAL IMPACT - Local Government | FY 2001
(10 Mo.) |
FY 2002 | FY 2003 |
| $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 adds to the definition of "sodomy in the first degree" the act of causing a
person less than 14 to have deviate sexual intercourse with an animal or another person.
The proposal changes the definition of "child molestation in the first degree." It may be committed when a person solicits a child less than 14 to sexual contact. The proposal also adds to the definition the inviting, persuading or attempting to persuade a child less than 14 to enter a vehicle, building, room or secluded place with intent to commit an unlawful sexual act.
Child molestation in the second degree is changed to apply to children at least 14 but less than 16. The proposal also expands the definition to include the solicitation of a person at least 14
but less than 16 to have sex with any person with the intent of arousal. The proposal also adds to the definition the inviting, persuading or attempting to persuade a child less than 16 but older than 14 to enter a vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon the child.
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 State Courts Administrator
Office of Prosecution Services
Office of State Public Defender
NOT RESPONDING: Department of Corrections
Jeanne Jarrett, CPA
Director
February 15, 2000