COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4851-01
Bill No.: SB 1188
Subject: Crimes and Punishment
Type: Original
Date: March 11, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| 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 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 | $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 State Highway Patrol assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of Prosecution Services assume prosecutors could absorb the costs of the proposed legislation within existing resources.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Office of State Public Defender assume existing staff could provide representation for those new cases arising where indigent persons were charged with enticing a child under 16 years of age. Enticement of a child is a class D felony unless there is a previous conviction, in which case it is a class C felony. Passage of more than one 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 Department of Corrections (DOC) assume they cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY01 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 (FY01 average of $3.34 per offender per day, or an annual cost of $1,219 per offender).
The DOC is unable to determine the number of additional inmate beds that may be required as a consequence of passage of this proposal. Estimated construction cost for one new medium to maximum security inmate bed is $55,000. Utilizing this per-bed cost provides for a conservative estimate by the DOC, as facility start-up costs are not included and entire facilities and/or housing units would have to be constructed to cover the cost of housing new commitments resulting from the cumulative effect of various new legislation, if adopted as statute.
ASSUMPTION (continued)
In summary, supervision by the DOC through probation or incarceration would result in additional unknown costs to the department. Eight (8) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. Due to the narrow scope of this new crime, it is assumed the impact would be less than $100,000 per year for the DOC.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| GENERAL REVENUE FUND | |||
| 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 | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $0 | $0 | $0 |
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 the crime of enticement of a child, a class A misdemeanor unless the person has previously pled guilty to or been found guilty of violating the provisions of this section or other specified offenses, in which case it is a class D felony. Enticement of a child would be committed by persuading or attempting to persuade a child under the age of 16 to leave home or school, or enter a vehicle, building, structure, alley, or place where the child is concealed from public view for the purpose of engaging in lewd, illicit, or criminal conduct with the child.
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 State Courts Administrator
Department of Corrections
Department of Public Safety
- Missouri State Highway Patrol
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Acting Director
March 11, 2002