COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0623-02
Bill No.: SB 214
Subject: Crimes and Punishment; Children and Minors
Type: Original
Date: January 30, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue | (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 Department of Public Safety - Missouri Highway Patrol, Office of Prosecution Services and the Office of the State Courts Administrator assume the proposed legislation will not fiscally impact their respective agencies.
Officials from the Office of the Attorney General assumed that any additional cost resulting from this proposal could be absorbed within their agency.
Officials from the Office of the State Public Defender assumes that existing staff could provide representation for those few cases arising where indigent persons were charged with controlling obscene material that has a minor as one of its participants. However, passage of more than one similar bill would require the State Public Defender System to request increased appropriations to cover cumulative cost of representing the indigent accused in the additional cases.
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:
If long-range fiscal impact would prove to be an amount in excess of that which could be absorbed by DOC, any costs profiled in this fiscal note would be requested through normal budgetary request procedures for the time periods affected by passage of this legislation.
ASSUMPTION (continued)
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.
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 | |||
|
Cost - Department of Corrections Incarceration/Probation costs |
(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
Currently, a person commits a crime by possessing any obscene material with a child as a participant or observer of sexual conduct. This proposal provides that a person commits the crime by possessing or controlling any obscene material that has a minor as a participant or portrays an observer of sexual conduct, sexual contact or a sexual performance with a minor, or by possessing or controlling any material that shows a minor participating or engaging in sexual conduct.
The proposal also increases the penalty from a Class A misdemeanor to a Class D felony; if the defendant has pleaded or been found guilty of a prior Chapter 566, RSMo, offense, the penalty is
a Class C felony.
DESCRIPTION (continued)
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 the State Courts Administrator
Office of Prosecution Services
Office of the State Public Defender
Department of Corrections
Department of Public Safety - Missouri Highway Patrol
Office of the Attorney General
Jeanne Jarrett, CPA
Director
January 30, 2001