COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0640-01
Bill No.: SB 192
Subject: Crimes and Punishment: Criminal proceedings involving mental illness
Type: Original
Date: January 25, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| 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 | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Department of Public Safety - Missouri State Highway Patrol, Office of State Courts Administrator, Office of the State Public Defender, and the Metropolitan Police Department of the City of St. Louis assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Department of Mental Health (DMH) assume the proposed legislation would create no additional duties for the Department. DMH currently provides psychological evaluations on all defendants in murder trials.
Officials from the Office of Attorney General assume the costs of the proposed legislation can be absorbed by their agency.
Officials from the Office of Prosecution Services assume the costs of the proposed legislation due to increased hearings and caseload is unknown, but is not expected to exceed $100,000.
Officials from the Department of Corrections (DOC) assume the fiscal impact due to passage of this proposal would occur after the average ten-year-plus time served by death-row inmates prior to execution, and is, therefore, beyond the scope of this fiscal note. 12% of the inmate population in CY2000 had an IQ of 75 or lower, but not all inmates convicted of Murder 1 receive the death penalty. It is unknown how many offenders the court would determine to be mentally retarded and that could possibly have received the death penalty, but DOC assumes it would be a small percentage.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| POLITICAL SUBDIVISIONS | |||
|
Costs to Prosecutors |
Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal would prohibit the admission at trial of any evidence which was obtained during the custodial interrogation of a person with mental retardation, unless that person's attorney was present. The interrogator must make reasonable efforts to notify the person's parents or certain others prior to any interrogation.
The proposal also prohibits capital punishment of a defendant with mental retardation who is charged with murder in the first degree. A judge shall make the determination of mental retardation outside the hearing of the jury.
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 Mental Health
Department of Corrections
Department of Public Safety - Missouri State Highway Patrol
Metropolitan Police Department of the City of St. Louis
Jeanne Jarrett, CPA
Director
January 25, 2001