COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0551-01
Bill No.: SB 137
Subject: Crimes and Punishment; Elementary and Secondary Education; Higher Education
Type: Original
Date: January 24, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue Fund | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| Total Estimated
Net Effect on All State Funds |
Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| 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 the Office of Attorney General assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of the State Public Defender assume existing staff could provide representation for those 20-25 cases arising where indigent persons were charged with felony intimidation of an athletic coach, manager, or sports official. 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 the indigent accused in the additional cases.
Officials from the Office of Prosecution Services (OPS) assume the proposal could impact the caseloads of local prosecutors; however, OPS assumes that the impact on a given office would be minimal and could be absorbed with existing resources.
Officials from the Department of Corrections (DOC) stated that they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in the proposal. An increase in commitments would depend on the utilization of prosecutors and the actual sentences imposed by the courts. 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 (FY99 average $35.61 per inmate, per day) or through supervision provided by the Board of Probation and Parole (FY 99 average $2.47 per offender, per day). Supervision by the DOC through probation or incarceration would result in some additional costs, but DOC officials assume that the impact would be $0 or a minimal amount that could be absorbed within existing resources.
The following factors contribute to DOC's minimal assumption:
The need for additional capital improvements or rental space is not anticipated at this time. It must be noted that the cumulative effect of various new legislation, if adopted, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.
ASSUMPTIONS (continued)
Oversight assumes that the conviction and incarceration of only one person would create a minimal fiscal impact of less than $100,000 annually.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections
Incarceration/Probation Costs |
Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| ESTIMATED EFFECT ON GENERAL REVENUE FUND | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $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 proposal would create the crime of intimidation of a athletic coach, manager, or sports official. A person could be charged with this crime if he commits any of the following acts and such act is motivated by the victim's status as an athletic coach, manager, or sports official: 1) attempting to injure the coach or official; 2) threatening the coach or official; 3) touching the coach or official in an offensive manner; or 4) communicating to the coach or official a threat to commit any felony. Intimidation of a coach or sports official would be a class D felony. A sports official would be defined as a referee, umpire or other official who registers with an organized training body or a person who volunteers as an official.
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
Office of Prosecution Services
Office of the State Public Defender
Department of Corrections
Jeanne Jarrett, CPA
Director
January 24, 2001