COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3895H.02P Bill No.:Perfected HB 2088 Subject:Department of Corrections; Probation and Parole; Employees - Employers; Crimes
and Punishment
Type:Original Date:March 29, 2022Bill Summary:This proposal establishes the Earning Safe Reentry Through Work Act of
2021.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue(Unknown, Greater
than $250,000)
$0 or
Unknown
$0 or
Unknown
Total Estimated Net
Effect on General
Revenue
(Unknown, Greater
than $250,000)
$0 or
Unknown
$0 or
Unknown
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 3895H.02P
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0$0$0 L.R. No. 3895H.02P
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FISCAL ANALYSIS
ASSUMPTION
§§217.703 and 217.704 – Offender work-for-time credits
Officials from the Department of Corrections (DOC) state this proposal establishes the
Earning Safe Reentry Through Work Act of 2021.
This bill modifies current earned compliance credit legislation to reduce the number of days
credited for monthly compliance from 30 to 20; and, introduces section 217.704, which outlines
terms and conditions for offenders to earn a one-day reduction in sentence for each day of
eligible employment.
The proposed reduction in the number of days of monthly compliance credit presents some
potential for an increase in the number of individuals supervised in the community, as
supervision terms will be reduced by 20 days instead of 30 days each month when the individual
is found in compliance. This impact may be offset by the work-for-time credit introduced in
section 217.704. Given the technical requirements for the documentation and verification of
offender employment outlined in this section, coupled with the fact not all of this information is
currently available in the department’s offender management system, it is not possible to
estimate the impact of this proposal on offender populations at this time.
In addition, the department currently has an automated system to calculate earned compliance
credits. The system was designed to calculate in 30 day increments. Therefore, in order to
automate the calculation, modification to the current system would be necessary. Without
automation, the department would have to calculate these credits by hand which would be labor
intensive for Probation and Parole Officers.
DOC states the automated system functionality to calculate earned compliance credits, the
expense associated with incorporating these changes into the existing system, will exceed
$250,000. DOC will have to contract with a vendor to perform a full analysis, design and
development to the existing batch jobs that calculate earned compliance credits (monthly and
daily) and meet the needs of the new twenty-day credit and the “work-for-time” credit. The
system currently does not have any features or functionality to track “work-for-time” credit.
Oversight does not have any information contrary to that provided by DOC. Oversight will
assume the IT system modifications will be made in FY 2023 and will reflect DOC’s impact of
(Unknown, greater than $250,000) for FY 2023 and no impact in FY 2024 and subsequent years.
Oversight assumes this new program may decrease populations for DOC; therefore, Oversight
will reflect a potential savings ($0 or Unknown) in FY 2024 & FY 2025. L.R. No. 3895H.02P
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Officials from the Office of State Courts Administrator (OSCA) state there may be some
impact but there is no way to quantify that currently. Any significant changes will be reflected in
future budget requests.
Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will
have no measurable fiscal impact on MOPS. The creation of additional responsibilities (e.g.,
monitoring and filing motions for persons deemed eligible for the program) for county
prosecutors and the circuit attorney may, in turn, result in additional costs, which are difficult to
determine.
FISCAL IMPACT – State GovernmentFY 2023
(6 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDSavings – DOC – potential impact to
the population from the Earning Safe
Reentry Through Work Act of 2021
p. 3 $0$0 or Unknown$0 or Unknown
Cost – DOC (§§217.703 and 217.704)
Modification to earned compliance
credits system p. 3
(Unknown,
Greater than
$250,000)
$0$0ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
(Unknown,
Greater than
$250,000)
$0 or
Unknown
$0 or
Unknown
FISCAL IMPACT – Local GovernmentFY 2023
(6 Mo.)
FY 2024FY 2025$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill establishes the "Earning Safe Reentry Through Work Act of 2021". L.R. No. 3895H.02P
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Offenders may earn a credit that is equal to a one-day reduction in a sentence for maintaining
eligible employment. The Division of Probation and Parole within the Department of Corrections
shall award work-for-time credits to any offender who is:
(1) Not subject to lifetime supervision under Sections 217.735 and 559.106, RSMo, or otherwise
found to be ineligible to earn credits by a court as specified in the bill;
(2) On probation, parole, or conditional release for:
(a) An offense listed in Chapter 579;
(b) An offense previously listed in Chapter 195; or
(c) Any class D felony or class E felony excluding the offenses of stalking in the first degree,
rape in the second degree, sexual assault, sodomy in the second degree, deviate sexual assault,
assault in the second degree under subdivision (2) of subsection 1 of Section 565.052, sexual
misconduct involving a child, endangering the welfare of a child in the first degree under
subdivision (2) of subsection 1 of Section 568.045, incest, invasion of privacy, abuse of a child,
or any offense of aggravated stalking or assault in the second degree under subdivision (2) of
subsection 1 of Section 565.060, as such offenses existed prior to January 1, 2017;
(3) Supervised by a court or the board; and
(4) In compliance with the conditions of supervision imposed by the sentencing court or board.
A sentencing court or the board may, upon its own motion or a motion of the prosecuting or
circuit attorney, make a finding that the offender placed on probation, parole, or conditional
release for an offense listed below is ineligible to earn compliance credits because the nature and
circumstances of the offense or the history and character of the offender indicate that a longer
term of probation, parole, or conditional release is necessary for the protection of the public or
the guidance of the offender. The motion may be made any time prior to the first month in which
the offender may earn compliance credits under this section. An offender's ability to earn credits
shall be suspended until the court or board makes its finding. If the court or board finds that the
offender is eligible for earned compliance credits, the credits shall begin to accrue on the first
day of the next calendar month following the issuance of the decision. Offenses for which a court
or board may make such motions are:
(1) Involuntary manslaughter in the second degree;
(2) Assault in the second degree except under subdivision (2) of subsection 1 of Section 565.052
or Section 565.060 as it existed prior to January 1, 2017;
(3) Domestic assault in the second degree; L.R. No. 3895H.02P
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(4) Assault in the third degree when the victim is a special victim or assault of a law enforcement
officer in the second degree as it existed prior to January 1, 2017;
(5) Statutory rape in the second degree;
(6) Statutory sodomy in the second degree;
(7) Endangering the welfare of a child in the first degree under subdivision (1) of subsection 1 of
Section 568.045; or
(8) Any case in which the defendant is found guilty of a felony offense under Chapter 571.
Each supervised offender who maintains eligible employment shall accrue work-for-time credits
if the offender provides supporting documentation of eligible employment to the officer
responsible for the offender's supervision within five working days of the conclusion of each 30
day period in which the offender maintains eligible employment. The officer shall verify the
offender's eligible employment through the offender's supporting documentation and any other
means that the Division of Probation and Parole determines necessary. The officer shall record
the supporting documentation and the offender's accrual of all work-for-time credits within five
working days of verifying the offender's eligible employment.
An offender, including an offender who is being supervised in another state, shall accrue 20
work-for-time credits for every 30 day period in which the offender maintains eligible
employment, except for the 60 day period immediately prior to the supervised offender's
adjusted sentence end date during which no work-for-time credits shall accrue. On the revocation
of probation, parole, or conditional release or on a new criminal conviction, an offender forfeits
all work-for-time credit previously accrued. An offender shall not receive work-for-time credits
if the offender's supporting documentation is unverifiable, inaccurate, or absent. If a request for
work-for-time credits is denied, the officer shall record the reason for the denial of work-for-time
credits and make that information available to the offender.
Any offender who is deemed by the Division to be an absconder shall not earn credits. This
means offenders who leave their place of residency without the permission of the offender's
supervising officer for the purpose of avoiding supervision. An offender shall no longer be
deemed an absconder when such offender is available for active supervision.
The award or rescission of any credits earned under this Section shall not be subject to appeal or
any motion for post-conviction relief.
The officer responsible for supervising an offender who accrues work-for-time credits shall
notify the sentencing court of the offender's accrual of work-for-time credits not less than 60
days before the date of final discharge, which includes the accrual of work-for-time credits up to
the date of the notification. L.R. No. 3895H.02P
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This bill has a delayed effective date of January 1, 2023.
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 Corrections
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Julie MorffRoss StropeDirectorAssistant DirectorMarch 29, 2022March 29, 2022