COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3180-02
Bill No.: SCS for SB 689
Subject: Project Exile
Type: Original
Date: March 18, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| General Revenue | ($121,312) to Unknown | ($114,596) to Unknown | ($116,528) to Unknown |
| Total Estimated
Net Effect on All State Funds |
($121,312) to Unknown | ($114,596) to Unknown | ($116,528) to Unknown |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | (Unknown) | (Unknown) | (Unknown) |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Department of Public Safety - Missouri State Highway Patrol and the Office of Attorney General assume the proposed legislation would have no fiscal impact on their agencies.
In response to a previous version of this proposal (SB 689), officials from the Jefferson City Police Department and the Springfield Police Department assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of State Courts Administrator would not expect a significant impact on the budget of the judiciary.
Officials from the Office of State Public Defender assume existing staff could provide representation for those cases arising where indigent persons were charged with weapons offenses that could also be charged in federal court. However, passage of more than one similar bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.
Officials from the Office of Prosecution Services assume the proposed legislation would have an unknown impact on the caseload of local prosecuting attorneys.
Officials from the Department of Corrections (DOC) assume the proposed program would require the state to review certain weapons offense cases for the possibility of diversion to federal prosecution if it were likely to result in more restrictive bail, stricter enforcement, or a greater penalty being assessed. The DOC assumes it is unknown how many offenders (who might otherwise receive sentencing to the DOC) would be serving federal prison time due to passage of this bill. Federal sentencing guidelines are unique to each convicted offender. In general, offenders with convictions for armed criminal action also have longer concurrent sentences.
In FY 01, there were a total of 1,416 new admissions with a weapons charge to the DOC, with 384 of these having a weapons charge as their most serious offense. 278 of these had a sentence of 3 years for unlawful use of a weapon, so there is a possibility that the Federal sentencing would be more severe.
If additional persons are diverted from the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding decrease in operational costs either through incarceration (FY 01 average of $35.78 per inmate per day, or an annual cost of $13,060 per inmate) or through supervision provided by the Board of Probation and Parole (FY 01 average of ASSUMPTION (continued)
$3.34 per offender per day, or an annual cost of $1,219 per offender).
In summary, sentencing offenders to the federal system instead of the DOC would result in additional unknown savings to the DOC. Eight (8) persons would have to be diverted per fiscal year to exceed $100,000 annually in savings. The amount of potential savings to the DOC due to passage of this proposal is unknown.
Officials from the Department of Public Safety - Director's Office (DPS) assume the proposal would investigate any allegations that may apply to an individual as according to the legislation. The DPS assumes they would apply for and secure grant funding as it becomes available. The DPS assumes they would require one FTE Investigator II (at $37,488 per year plus fringe benefits, equipment and expenses) and one FTE Clerk Typist III (at $23,184 per year plus fringe benefits, equipment and expenses). The Investigator II would investigate persons being prosecuted as defined by statute and apply for and secure funding as available. The Clerk Typist III would assist with the duties of investigations as well as funding issues. The DPS estimates the cost of the proposed legislation to be $147,912 for 10 months of FY 03; $129,616 in FY 04; and $131,752 in FY 05.
Oversight has adjusted salaries to more closely reflect actual starting salaries. Oversight has also adjusted equipment and expenses to meet the Office of Administration's Expense and Equipment Guidelines. Oversight assumes the FTE would be housed within existing facilities. Therefore, no additional rent, renovation, janitorial, and utility expenses would be incurred.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| GENERAL REVENUE FUND | |||
| Savings - Department of Corrections
Incarceration/Probation costs |
Unknown |
Unknown |
Unknown |
| Costs - Department of Public Safety | |||
| Personal Service | ($46,207) | ($56,835) | ($58,255) |
| Fringe Benefits | ($16,639) | ($20,466) | ($20,978) |
| Equipment and Expense | ($58,466) | ($37,295) | ($37,295) |
| Total Costs - DPS | ($121,312) | ($114,596) | ($116,528) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND | ($121,312) to Unknown | ($114,596) to
Unknown |
($116,528) to
Unknown |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| POLITICAL SUBDIVISIONS | |||
| Costs to Prosecutors | (Unknown) | (Unknown) | (Unknown) |
| ESTIMATED NET EFFECT ON LOCAL GOVERNMENT |
(Unknown) |
(Unknown) |
(Unknown) |
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 create "Project Exile," a program that would require the state to review certain weapons offense cases for the possibility of federal prosecution. The Director of the Department of Public Safety would administer Project Exile.
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
Department of Corrections
Department of Public Safety
- Missouri State Highway Patrol
- Director's Office
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Acting Director
March 18, 2002