COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 4543-02
BILL NO.: SCS for SB 1047
SUBJECT: Sentencing of Mentally Retarded Persons
TYPE: Original
DATE: April 6, 2000
FISCAL SUMMARY
| FUND AFFECTED | FY 2001 | FY 2002 | FY 2003 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| 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 3 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials of the Office of Administration, Department of Public Safety - Missouri State Highway Patrol, Office of the State Public Defender, and the Office of State Courts Administrator assume this proposal would have no fiscal impact to their agencies.
Officials of the Department of Mental Health (DMH) assume this proposal would create no additional duties for their department, so no fiscal impact is anticipated. The DMH currently provides psychological evaluations on all defendants in murder trials.
Officials from the Department of Corrections (DOC) stated that any fiscal impact which resulted due to passage of this proposal would occur after the 10.6 years that death-row inmates currently serve on average before execution, and is, therefore beyond the scope of this fiscal note.
Officials of the Office of Prosecution Services assume this proposal would not have a significant impact to prosecutors.
In response to a similar proposal, officials from the Office of the Attorney General assume the costs of the proposal could be absorbed with existing resources.
FISCAL IMPACT - State Government FY 2001 FY 2002 FY 2003
(10 Mo.)
GENERAL REVENUE FUND
Long Range Cost - Costs of incarceration of one additional person could range from $0 to $400,000, depending on how long the individual lives. Actual fiscal impact would not be realized for approximately ten years from the time of conviction.
Long Range Savings - In the absence of a death sentence, some appeals processes would be less protracted, and especially in cases where mental illness issues are raised and expert medical evidence is required, the appeals process is often as costly as long-term incarceration. Because there is no way to determine exactly how many or how extensive each case involving mental retardation may become, total cost savings are unknown.
FISCAL IMPACT - Local Government FY 2001 FY 2002 FY 2003
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This substitute makes changes to provisions affecting the rights of defendants charged with murder. The substitute prohibits the use of the death penalty for persons who are found to be mentally retarded by a preponderance of the evidence. The judge determines the issue of mental retardation prior to the trial. The substitute also defines "mental retardation" as a condition involving substantial limitations in general functioning (Section 565.030);
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 Corrections
Department of Public Safety
Missouri State Highway Patrol
Department of Mental Health
Office of Prosecution Services
Office of Attorney General
Office of State Courts Administrator
Office of State Public Defender
Office of Administration
Division of Budget and Planning
Jeanne Jarrett, CPA
Director
April 6, 2000