COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.: 0981-06

Bill No.: HCS for SS for SCS for SB 267

Subject: Criminal Procedures; Courts; Department of Revenue; Fees; St. Louis County; Libraries and Archives; Landlords and Tenants; Civil Procedure

Type: Original

Date: May 1, 2001

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2002	FY 2003	FY 2004
General Revenue	($453,621 to Unknown)	($484,659 to Unknown)	($72,327 to Unknown)
Missouri CASA	$0	$0	$0
Insurance Dedicated	$20,650	$0	$0
Independent Living Center	$226,596	$226,596	$226,596
Total Estimated Net Effect on All State Funds	($206,375 to Unknown)	($258,063 to Unknown)	(Unknown) to $154,269

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2002	FY 2003	FY 2004
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2002	FY 2003	FY 2004
Local Government	$210,840	$217,165	$223,680

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 13 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Social Services, Department of Public Safety - Police Officer Standards and Training Commission, Department of Transportation, Department of Natural Resources, Office of State Treasurer, Department of Elementary and Secondary Education, Department of Revenue, and the Callaway Water Supply District #1 assume the proposed legislation would have no fiscal impact on their agencies.

In response to a similar proposal (HCS for SS for SCS for SB 267), officials from the Office of the State Public Defender assume the proposal will have a minimal fiscal impact on their agency.

Officials from the Office of the Secretary of State (SOS) assume the Department of Corrections, Department of Mental Health, or Attorney General might promulgate rules to implement this bill. Based on experience with other divisions, the rules, regulations, and forms issued by the Department of Corrections, Department of Mental Health, or Attorney General could require as many as 28 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in Code. The estimated cost in the Missouri Register is $23.00/page x 42 pages = $966. The estimated cost in the Code of State Regulations is $27.00/page x 28 pages = $756. The total estimated cost to the SOS is $1,722 in FY02. The actual costs could be more or less than the numbers given. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, rescinded, or withdrawn.

Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriations process.

Deletes option of trial de novo in certain circumstances - Section 196.790 and Section 2

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would eliminate civil trial de novo, except for small claims, and require that any appeal be on the record. This eliminates the possibility for a second civil trial. This might result in a potential cost savings, but CTS is unable to estimate the amount. There should be no increase in costs from this provision.

ASSUMPTION (continued)

Establishes Missouri CASA Fund - Section 476.777

In response to similar legislation (HB 108), officials from the Office of State Courts Administrator (CTS) state the proposed legislation would create a fund for receiving and disbursing funds for support of CASA (court appointed special advocates) programs in the state.

However, there is no defined revenue stream, just sources authorized. The CTS officials state since the income into the fund cannot be determined, all they can say is that income and expenses are unknown.

Oversight assumes the entire amount of funds transferred from the General Revenue Fund to the Missouri CASA Fund will be spent on programs. Oversight also assumes the amount appropriated to the CASA Fund by the General Assembly in unknown at this time.

Raises surcharge for civil case filings in St. Louis City Circuit Court - Section 488.447

Officials from the Office of State Courts Administrator responded that the St. Louis City circuit clerk's office reported an income of $737,940 from the current fee of $35 in FY 2000, and a projected income of approximately $900,000 in FY 2001. Projecting this to a $45 fee, the increased income to the fund could range from $210,840 to $257,130.

In response to a similar proposal, officials from the City of St. Louis responded that the current surcharge brings in about $700,000 per year. That figure divided by the current surcharge is 20,000. An additional $10 surcharge multiplied by those 20,000 cases results in an impact of an additional $200,000 in revenue.

Oversight assumes the increased revenue would be approximately $210,840 per year and has adjusted this estimate for an annual increases in cases filed.

Increases the Independent Living Center surcharge - Section 488.5332

Officials from the Office of State Courts Administrator stated that the Independent Living Center fund reported income of $226,596 in FY 2000; the proposal would double that amount.

Insurance coverage for punitive damages - Section 537.530

Officials from the Department of Insurance assume insurers will be required to file policy forms and rates to comply with legislation. Implementation of legislation can be absorbed by existing staff. Maximum estimated revenues from form filings if 413 other liability companies x $50 filing fee = $20,650.

ASSUMPTION (continued)

Technological crimes - Sections 542.261, 542.276, 578.600, 578.605, and 578.610

Officials from the Department of Public Safety - State Highway Patrol (MHP)'s Drug and Crime Division would require additional personnel based on the proposed legislation. The Drug

and Crime Division currently has 1 computer forensics investigator, who does about 20 investigations per year, including 15 forensic investigations and 5 computer crimes. These requests for investigations come from mainly outside agencies, such as the Fire Marshal, Boone and Pettis Counties, etc. The computer forensics investigator could potentially handle up to 100 investigations per year. In order to properly investigate all of the potential request that could come in from other agencies, it is estimated that a computer forensics unit would need 5 Investigators (Recruits -- each at $30,576/year), 2 Clerk Typists (each at $16,032/year) and 2 Computer Info Technicians (each at $28,068/year).

The MHP assumes there would be new equipment required for the computer forensics unit. The equipment would include the following:

Forensic computer hardware $10,000

Forensic computer software, licenses, other equipment $15,000

Computer equipment for investigators ($25,000 x 5) $125,000

The MHP assumes other associated costs would be all equipment needed for the CITs Clerk Typists, and recruits. The Patrol assumes that 5 uniformed positions would be transferred to the Drug and crime unit, which would create the need for 5 recruit positions. Since the 5 uniformed positions already exist, there would be only minimal charges in costs associated with their salaries and vehicles. They would require additional equipment that is exclusive to the investigators.

MHP assumes there would be equipment costs for the Computer Information Technicians, Clerk Typists, and Recruits. Total costs, including salaries, benefits, and expense and equipment as estimated by the MHP would be $654,523 in FY 02; $354,056 in FY 03; and $362,988 in FY 04.

Oversight assumes the MHP could initially absorb some additional workload created by this proposal with existing resources, but may need to request additional resources in later years through the normal budgetary procedures if the caseload increases to the amount estimated by the MHP. Oversight has based its decision upon:

• •The other agencies responding to this proposal did not anticipate a substantial increase in cases. MHP stated that the current computer forensic investigator does about 20 investigations per year, but could potentially handle up to 100 investigations per year. Therefore, Oversight assumes some additional caseload could be absorbed by the current investigator.

ASSUMPTION (continued)

• •In response to other electronic crime legislation in 2000, the MHP assumed the proposals would not have a fiscal impact upon their agency.

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:

• •DOC assumes the narrow scope of the crime will not encompass a large number of offenders.
• •The probability exists that offenders would be charged with a similar but more serious offense or that sentences may run concurrent to one another.

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.

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.

Post-conviction motion seeking DNA testing/Preservation of DNA evidence - Section 547.035 and Section 1

Officials from the Department of Corrections (DOC) assume an incarcerated offender would be allowed to petition the court for a DNA test to demonstrate his or her innocence for the crime for which he or she was convicted. It does not specify who would be required to pay for the test.

ASSUMPTION (continued)

If the DOC were required to pay for the test, it could have an impact. Also, there might be a need for additional Corrections Officers to supervise movement of the inmate within a

correctional facility or to another location for a blood or other test to be taken. The cumulative fiscal impact of this section for the DOC is unknown, but expected to exceed $100,000.

Oversight assumes the costs for DNA testing will be incurred by the State Highway Patrol (MHP). These costs are reflected in MHP's response.

Officials from the Department of Public Safety - State Highway Patrol (MHP) assume the MHP's Crime Lab would be affected by this section of the proposal. In order for the MHP to acquire and store all the biological case evidence specimens, they would require a secure storage facility. In 1999, Missouri circuit court trials resulted in approximately 3,000 felony convictions. This could result in storing an additional 30,000 specimens per year. The current evidence locker in the Crime Lab is 230 square feet and stores approximately 5,000 specimens. Storing 30,000 would require 6 times more space, or approximately 1,400 square feet. The cost of leasing a new storage facility would be $13.50 x 1,400 square feet, per year. Since there is no specified time frame on how long the evidence will be kept, the storage facility would need to be increased 1,400 square feet per year.

The MHP assumes additional equipment would be required as a result of this legislation:

Equipment:

Computer Hardware/Software and equipment for DNA PCR

technologies compatible with the FBI National Program $300,607 (one-time)

Supplies and kits for collection and DNA analysis of

felony conviction -- 21,000 samples $480,690 (first year)

Additional funding for proficiency tests and continuing

education as mandated by FBI QA Standards $21,500 (recurring)

TOTAL -- first year costs $802,797

Supplies and kits for collection and DNA analysis of

felony conviction -- 2,000 samples $45,780

Additional funding for proficiency tests and continuing

education as mandated by the FBI QA Standards $21,500

TOTAL -- second year/recurring costs $67,280

The MHP's Crime Lab indicated that the proposal does not specify how much responsibility or participation the MHP would have in Section 547.035. MHP assumes that there would be some involvement, but there is no way to determine an exact number of cases that the Crime Lab would handle. Therefore, the fiscal impact is unknown.

ASSUMPTION (continued)

The MHP's Crime Lab would also require an Evidence Tracking System, which is required for the accountability of specimens and tracks where and when evidence came in. The cost of this system is approximately $200,000.

The MHP's Crime Lab would also require 5 additional FTE: 3 Laboratory Evidence Technicians ($21,720/year) and 2 Laboratory Records and Evidence Control Clerks ($18,132/year).

Oversight assumes, based on DOC's assumptions, that there are 8,613 inmates serving sentences which fall under the felony provisions of the proposal. If 20% of those currently serving wish to serve notice to the prosecuting attorney and the trial court subsequently orders the state to compare DNA test results regarding the trial evidence and the defendant, MHP would be subjected to approximately 1,720 more cases. Allowing three pieces of evidence per case would bring the total additional specimen count to 5,160. Currently, MHP utilizes six FTE to perform DNA testing on approximately 3,000 specimens. To perform DNA testing on the additional specimens, Oversight assumes MHP would require 10 DNA Examiners plus the related equipment for each position. Oversight assumes there would be an increase in caseload during FY 2002 and FY 2003 as inmates begin utilizing this provision. The rush would likely subside by FY 2004; therefore, Oversight has included costs for FTE during FY 2002 and FY 2003 only. Oversight assumes MHP would lease crime lab space and equipment for FY 2002 and FY 2003; however, cost estimates are not available at this time and are reflected in this fiscal note as

unknown. In addition, Oversight assumes MHP would require a storage facility for the additional DNA evidence it would be required to maintain.

Mentally retarded individuals excluded from receiving the death penalty - Section 565.030

Officials from the Office of Prosecution Services assume the costs to prosecutors is unknown due to increased hearings and caseload, but is not expected to exceed $100,000.

Oversight assumes the increased costs to prosecutors can be absorbed within existing resources of the respective counties.

Officials from the Department of Corrections (DOC) stated that 12% of the inmate population in CY 2000 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 the DOC assumes it would be a small percentage. However, 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. The DOC does not anticipate the need for additional capital improvements at this time. It must be noted that the cumulative effect of various new legislation,

ASSUMPTION (continued)

if passed into law, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.

Definition of "predatory" in evaluating sexually violent predators - Section 632.480

Officials from the Department of Mental Health (DMH) stated the Department of Corrections estimates the change in the definition of "predatory" will result in an increase of 2-3 referrals per year. These referrals will result in increased variable costs (food, medical, etc.), of $45 per day per person for 365 days or $16,425 annual cost per individual. $16,425 annual cost times 3 individuals equals an annual cost of $49,275 total annual cost. The FY 02 cost for a 10-month period is $41,063. The FY 03 cost is estimated to be $50,753 and the FY 04 cost is estimated to be $52,276. However, once the number of additional referrals has reached 25 on the ward, the opening of a new ward will be required, necessitating additional costs (staffing, etc.) of $180 per day per person (for a total of $225 per day per person).

Orders of Protection may be entered in MULES System - Section 455.040

Officials from the Department of Public Safety - State Highway Patrol (MHP)'s Information System Division assume interface requirements include FTP, LU 6.2, and RJE. The MHP currently has no knowledge base in any of these areas and would require consulting services to build the actual interface, test the interface and application, and document and monitor the procedures. This would require a total of 330 hours at a contract rate of $94.53 (based upon the statewide contract for middleware consulting services) which is a total for the services of $31,194.90.

Oversight assumes these costs to the State Highway Patrol will be incurred in FY 02; however, this could vary depending on when the State Courts Automated System is capable of transferring data. The language of the proposal is permissive and would be subject to available funding.

FISCAL IMPACT - State Government	FY 2002 (10 Mo.)	FY 2003	FY 2004
GENERAL REVENUE FUND
Costs - Department of Mental Health
Inpatient Treatment costs	($41,063)	($50,753)	($52,276)
Costs - State Highway Patrol (MHP)
Salaries (10 FTE)	($230,830)	($283,921)	$0
Fringe Benefits	($106,113)	($130,518)	$0
Equipment and Expense	($44,420)	($19,467)	($20,051)
Lease Crime Lab and Equipment	(Unknown)	(Unknown)	(Unknown)
Program costs - order of protection	($31,195)	$0	$0
Total Costs - MHP	($412,558 to Unknown)	($433,906 to Unknown)	($20,051 to Unknown)
Transfer out - to Missouri CASA Fund	(Unknown)	(Unknown)	(Unknown)
Costs - Department of Corrections Incarceration/Probation costs	(Less than $100,000)	(Less than $100,000)	(Less than $100,000)
ESTIMATED NET EFFECT ON GENERAL REVENUE FUND	($453,621 to Unknown)	($484,659 to Unknown)	($72,327 to Unknown)
MISSOURI CASA FUND
Transfer in - from General Revenue Fund	Unknown	Unknown	Unknown
Costs - Expenditures on CASA programs	(Unknown)	(Unknown)	(Unknown)
ESTIMATED NET EFFECT ON CASA FUND	$0	$0	$0
INSURANCE DEDICATED FUND
Revenues - Department of Insurance
Filing fees	$20,650	$0	$0
INDEPENDENT LIVING CENTER FUND
Income - increased surcharge	$226,596	$226,596	$226,596

FISCAL IMPACT - Local Government	FY 2002 (10 Mo.)	FY 2003	FY 2004
CITIES
Income - City of St. Louis Filing fees	$210,840	$217,165	$223,680

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

The proposed legislation would revise various court procedures in the following manner:

• •Following sentencing, courts shall order fingerprinting of convicted persons; deletes the requirement that prosecutors file motions for such fingerprinting(43.503.6);
• •Allows Associate Circuit Judges to issue criminal investigative subpoenas in the same manner as Circuit Court Judges (56.085);
• •Court costs ($10) shall be assessed upon nonfelony traffic convictions (67.133);
• •A licensed physician or surgeon may perform an autopsy upon order of a court or record; any autopsy report shall be available to the surviving family or personal representative or administrator of the estate (194.115);
• •Deletes option of trial de novo after decision regarding forfeiture to school fund for violation of imitation butter laws; effective1/1/02 (196.790)(Section 2);
• •Communications to clergy constitute privileged communications (210.140);
• •Courts shall forward record of conviction on failure to maintain financial coverage to the Highway Patrol rather than the Department of Revenue, unless directed otherwise by Highway Patrol (303.025.3);

• •Revenue may suspend driving privileges and/or vehicle registration for violations of supervision (currently limited only to court supervision)(303.041.1);
• •Deletes duplicate section 303.041;
• •Eliminates trials de novo for certain assignments of creditors (426.220 & .230) (Section 2) and suits regarding mechanics liens (429.360), effective 1/1/02;
• •Courts may provide handbooks to petitioners filing for dissolution and may direct that respondents be served a handbook along with summons (452.556.2);
• •Removes provision stating consideration of ethnic background and race is one factor in determining adoption placement (453.005);
• •Deletes authority for subsidized family in adoption to move outside of state and retain subsidy (453.073.4);

DESCRIPTION (continued)

• • Information regarding adult abuse orders may be entered in the Missouri Uniform Law Enforcement System (MULES) using computer links between the court automation system and MULES (455.050);
• •Defines courts of record in Missouri (476.010);
• •Requires official court reporter to be certified by board of certified court reporter examiners, as provided in Supreme Court Rule 14; depositions must be taken by certified court reporters to be admissible (476.365);

• •Establishes Missouri CASA Fund to support court-appointed special advocate programs (476.777);
• •Deletes reference to repealed section (479.150);
• •Limits number of small claims court actions to 8 per year (482.330);
• •Costs for filing notice of appeal shall be paid to circuit court where notice is filed, and shall be payable to Department of Revenue (483.500);
• •Modifies provisions on surcharges for parties filing civil cases.(488.426) Such fees shall be used for law libraries or for acquiring necessary equipment and maintenance of court facilities. In Green County such fees may also be used for that county's or circuit's family services and justice fund (488.229);
• •Removes effective date for fees on marriage licenses (488.445);
• •Raises surcharge for civil case filings in St. Louis City Circuit Court to $45 (488.447);
• •Increases the Independent Living Center surcharge from $0.50 to $1.00 (488.5332);
• •Removes effective date for additional surcharges on criminal cases (488.607);
• •Deletes requirement that $2 surcharge in criminal cases be reported to the Supreme Court (488.5336);
• •Allows automated court records to be accepted as evidence, provided that the source of such records is disclosed to the opposing party (490.130);
• •The state shall pay the fee for a translator or interpreter if the person requiring such service is a party to or witness in the proceeding (491.300);
• •Counties and St. Louis City may pay jurors $18 a day plus mileage for each day the person actually serves. Currently, juror compensation is set at $6 per day. Juror pay may

be increased if the county authorizes daily compensation payable from county funds of at least $12 per day; the additional $6 per day shall be reimbursed by the state. In Greene County, no grand or petit juror shall receive compensation for the first 2 days of service, but thereafter shall receive $50 per day and .07 per mile, to be paid by the county (494.455);

• •The losing party in a civil case tried before an associate circuit judge shall not have the right of trial de novo if the petition was filed pursuant to chapter 517 (512.180);
• •Circuit clerks to issue summons in landlord-tenant cases (534.070)(535.030);
• •There shall be no right of a trial de novo in such cases (534.350)(534.360)(534.380)(535.110)(Section 2);

DESCRIPTION (continued)

• • Evidence of liability insurance coverage for punitive damages is admissible at trial (537.530);
• •Deletes provision allowing circuit judges to hear and determine originally all cases of felony, misdemeanors, infractions, and trial de novo cases of misdemeanor and infractions (541.020);
• •Adds "technological crime" to Chapter 578, miscellaneous offenses, and authorizes the Attorney General to investigate such crimes (542.261)(542.276)(578.600)(578.605)(578.610);

• •Department of Corrections inmates may file a post-conviction motion seeking DNA testing if DNA evidence exists which may be exculpatory (547.035);
• •Excludes mentally retarded individuals convicted of murder in the first degree from receiving the death penalty and establishes the procedure for a hearing to determine mental retardation if so alleged (565.030);
• •Includes an escape from custody for violation of probation or parole in the crime of escape from custody (575.200);
• •Clarifies which portion of record of final disposition that shall remain accessible in a criminal proceeding in which the records are ordered expunged (610.105);
• •Expands definition of "predatory" in evaluating sexually violent predators to specifically include acts directed towards family members for the primary purpose of victimization (632.480);
• •Written notice advising the Attorney General and the multi disciplinary team that an inmate may meet the criteria of a sexually violent predator shall be given three hundred and sixty days prior to such inmate's anticipated release date. Current law requires one hundred eighty days notice (632.483);
• •At any jury trial to determine whether a person is a sexually violent predator, the judge shall instruct the jury that if it finds that the criteria are met, the person will be committed to the Department of Mental Health for control, care and treatment. All such trials shall be tried in open court (632.492);
• •Any determination on whether or not a person is a sexually violent predator may be appealed (632.495);
• •Requires that highway patrol preserve any evidence leading to a felony conviction which has been or can be tested for DNA (Section 1); and
• •A right of action is created for circumstances where a municipality annexes territory within a water district and an agreement on water service for the annexed territory cannot be reached (Section 2).

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 Public Safety

- Police Officer Standards and Training Commission

- State Highway Patrol

Department of Social Services

Department of Transportation

Department of Natural Resources

Office of State Treasurer

Office of Secretary of State

Department of Mental Health

Department of Elementary and Secondary Education

Department of Revenue

Office of Prosecution Services

Department of Insurance

Office of State Courts Administrator

Department of Corrections

Callaway County Water Supply District #1

Jeanne Jarrett, CPA

Director

May 1, 2001