COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1935-01
Bill No.: SB 474
Subject: Crimes and Punishment; Criminal Procedure.
Type: Original
Date: February 26, 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 | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Department of Public Safety - divisions of Missouri Highway Patrol, Fire Safety, Liquor Control, Capitol Police and the Missouri Water Patrol each assume the proposal would not fiscally impact their respective agencies.
Officials from the Office of Prosecution Services and the Office of the State Courts Administrator assumed there would be no fiscal impact on their respective agencies.
In response to similar legislation from last year, officials of the State Public Defender assumed that existing staff could provide representation for those 15-20 cases arising where the indigent persons were charged due to the increased amount of time the prosecution would have to file charges. 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 response to similar legislation from last year, officials from the Office of the Attorney General assumed the proposal would not fiscally impact their agency.
Officials from the Boone County Sheriff's Department assume there will be an increase in costs of approximately $6,000 per year to their agency for the increased time that they will have to house the people arrested.
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 supervision provided by the Board of Probation and Parole (FY 99 average $2.47 per offender, per day).
Supervision by the DOC through probation 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.
Oversight assumes there could be some increase in local jail populations as a result of this proposal. However, Oversight assumes this would be at the discretion of the political subdivisions and any fiscal impact to them should be minimal.
| 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 |
| $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 permits law enforcement officials to detain a person for 32 hours without charging a crime if the person has been arrested for first or second degree murder, first degree assault or robbery, forcible rape or sodomy, or distribution or manufacture of drugs. Currently, a person who is arrested for these offenses must be released within 20 hours unless charged with a crime.
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
Missouri Highway Patrol
Division of Fire Safety
Division of Liquor Control
Capitol Police
Missouri Water Patrol
Office of the State Courts Administrator
Department of Corrections
Office of Prosecution Services
Boone County Sheriff's Department
SOURCES OF INFORMATION
NOT RESPONDING: Office of the Attorney General, Jefferson City Police Department, Columbia Police Department, Greene County Sheriff, St. Louis Metropolitan Police Department.
Jeanne Jarrett, CPA
Director
February 26, 2001