Missouri House Bill HB2088 Introduced / Fiscal Note

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3895S.05C Bill No.:SCS for HB 2088, HB 1705, HCS for HB 1699  Subject:Attorneys; Probation and Parole; Department of Corrections; Crimes and 
Punishment; Firearms; Victims of Crime; Animals; Bonds - Bail; Courts; Children 
and Minors; Judges; Juries; Criminal Procedure; Consumer Protection; Evidence; 
Highway Patrol; Firearms; Internet and E-Mail; Law Enforcement Officers and 
Agencies; Sexual Offenses; Weapons 
Type:Original  Date:April 28, 2022Bill Summary:This proposal modifies provisions relating to public safety. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2029)
General RevenueCould exceed 
($1,237,922)
Could exceed 
($1,409,353) 
Could exceed 
($2,298,838)
Less than or 
More than 
($5,639,567)
Total Estimated 
Net Effect on 
General 
Revenue
Could exceed 
($1,237,922)
Could exceed 
($1,409,353) 
Could exceed 
($2,298,838)
Less than or 
More than 
($5,639,567) L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
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April 28, 2022
DD:LR:OD
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2029)
Missouri 
Interstate 
Compact Fund
Less than 
$293,854
Less than 
$352,625
Less than 
$352,625
Less than 
$352,625
Correctional 
Center Nursery 
Program Fund*$0$0$0$0
Public Defender-
Federal and 
Other Fund**$0 $0$0$0
Total Estimated 
Net Effect on 
Other State 
Funds
Less than 
$293,854
Less than 
$352,625
Less than 
$352,625
Less than 
$352,625
*Revenue and expenditures net to zero. 
**Officials from the Office of the State Public Defender (SPD) assume having a dedicated fund 
for donations (instead of to the General Revenue Fund) will allow them to solicit and collect 
donations and/or grants.  Oversight assumes since a minimal amount of donations have 
historically been made to the General Revenue Fund for the SPD, this proposal will have no 
direct fiscal impact on the General Revenue Fund.
 Numbers within parentheses: () indicate costs or losses.
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2029)
Total Estimated 
Net Effect on 
All Federal 
Funds $0$0$0$0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
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April 28, 2022
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ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2029)
General Revenue0 FTE1 FTE2 FTE0 FTECorrectional 
Center Nursery 
Program Fund1 FTE8 FTE8 FTE8 FTE
Total Estimated 
Net Effect on 
FTE 1 FTE9 FTE10 FTE8 FTE
☒ 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 
AFFECTED
FY 2023FY 2024FY 2025Fully 
Implemented 
(FY 2029)
Local 
Government
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown) L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
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April 28, 2022
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
Due to time constraints, Oversight was unable to receive some agency responses in a timely 
manner and performed limited analysis. Oversight has presented this fiscal note on the best 
current information that we have or on information regarding a similar bill(s). Upon the receipt 
of agency responses, Oversight will review to determine if an updated fiscal note should be 
prepared and seek approval to publish a new fiscal note.
§§43.650 and 589.437 – Violent offender registry
Officials from the Department of Public Safety - Missouri Highway Patrol (MHP)
proposal would require the Patrol’s Sex Offender Registry vendor to create and maintain a 
database specific for the Violent Offender Registry and develop an interface with DOC for the 
submission of the registry data to be generated to the website and when an offender is to be 
removed once individuals are no longer on probation or parole for offenses requiring registration. 
The cost to create a Violent Offender Registry and associated components is estimated at 
$600,000.
The Patrol states a portion of §43.650 related to the sexual offender registry website is federally 
mandated, pursuant to the Adam Walsh Child Protection and Safety Act of 2006, Title I of the 
Sex Offender Registration and Notifications Act (SORNA). 
The MHP states this response is different than the response provided for HB 293 (2021) for a 
couple of reasons. In 2019, the state contract for the Sex Offender Registry was awarded to a 
new vendor.  During the 2021 Legislative Session, the vendor continued working towards 
implementation of the Sex Offender Registry but did not offer a Violent Offender Registry. 
Therefore, HB 293 (2021) would not have been able to be completed by this vendor and would 
have been required to be developed and built by MHP IT personnel. In addition, as the workflow 
of the Violent Offender Registry was anticipated to be similar to the Sex Offender Registry, the 
MHP would need two (2) FTE to train and audit entities, monitor phone lines, e-mail inquiry 
response, perform quality control on offenders being added to and removed from the registry as 
well as other general administration duties as it relates to the registry and website.   
However, since the completion of the 2021 Legislative Session, the contract was terminated with 
the vendor that was awarded the contract in 2019 as they were unable to implement certain 
provisions outlined in the contract. Consequently, the Patrol used the vendor who had previously 
maintained the contract; however, the contract is near expiration.  As these two vendors are the 
main resource of Sex Offender Registry systems in the country, a Single Feasible Source 
contract is being pursued with the current vendor to include the website. With the proposal of 
HB 1705 and limitations of MHP IT personnel and other projects, the Violent Offender Registry 
would be required to be developed and built by this vendor.  This bill was provided to the vendor  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 5 of 
April 28, 2022
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and the fiscal impact was the estimated quote provided.  Due to the level of automation that is 
anticipated with this proposal, personnel involvement is anticipated to be limited and could be 
handled by current MHP personnel.           
Oversight does not have any information contrary to that provided by MHP. Therefore, 
Oversight will reflect MHP’s impact for fiscal note purposes.
In response to similar legislation from 2022 (Perfected HB 1705), officials from the Department 
of Corrections (DOC) stated after further review of this legislation, the DOC has determined 
that this language adds the terms violent offender to the online registry but does not reference 
penalties relating to failing to register. This online registry is for notification purposes only in 
relation to sexual and violent offenders. Therefore, the DOC assumes no impact to this 
legislation.
Oversight notes §589.425 states “a person commits the crime of failing to register as a sex 
offender” as either a class E felony or a class D felony.  Oversight notes there does not appear to 
be a penalty for failing to register as a violent offender; therefore, notes DOC’s assumption that 
failing to register as a violent offender does not have penalty provisions attached.  Therefore, 
Oversight does not have any information contrary to that provided by DOC.  Therefore, 
Oversight will reflect DOC’s no impact for fiscal note purposes.
In response to similar legislation from 2022 (Perfected HB 1705), officials from the Department 
of Mental Health assumed the proposal will have no fiscal impact on their organization. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for this agency.  
§§67.145, 70.631, 170.310, 190.091, 650.320, 650.330, and 650.340 – Telecommunicator first 
responders
In response to similar legislation from 2022 (HB 1676), officials from the Department of 
Elementary and Secondary Education, the Department of Health and Senior Services, the 
Department of Public Safety – (Office of the Director and Missouri Highway Patrol), the 
Kansas City Police DepartmentSt. Louis County Police Department, and the Phelps 
County Sheriff’s Department
organization. Oversight does not have any information to the contrary. Therefore, Oversight will 
reflect a zero impact in the fiscal note.  
Oversight only reflects the responses that we have received from state agencies and political 
subdivisions; however, other police and sheriff’s departments, schools and LAGERS were 
requested to respond to this proposed legislation but did not. A general listing of political 
subdivisions included in our database is available upon request. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
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April 28, 2022
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§§191.900, 191.905, 565.184, and 630.155 – Protection of vulnerable persons
In response to similar legislation from 2022 (HB 2601), officials from the Department of 
Corrections (DOC) stated this proposal modifies provisions relating to the protection of 
vulnerable persons.
Section 565.184
The Office of State Court Administrators (OSCA) reports 17 class A misdemeanors under 
§565.184 during FY 2021. These offenses are now considered nonviolent class D felony 
offenses.
For each new nonviolent class D felony, the DOC estimates three (3) people could be sentenced 
to prison and five (5) to probation. The average sentence for a nonviolent class D felony offense 
is 5 years, of which 2.8 years will be served in prison with 1.7 years to first release. The 
remaining 2.2 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the DOC could be 17 additional offenders in prison and 46 additional 
offenders on field supervision by FY 2027.
Section 630.155
The DOC did not receive any new commitments under §630.155 in FY 2021. Therefore, the 
DOC estimates no impact to minimal impact from changing the class E felony offense in that 
section to a class D felony offense.
Section 191.905
A new class D Felony was added for person who knowingly abuse or neglect a person receiving 
health care.
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
C
umulative Populations
P
rison
6 1
2
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
P
arole
0 0 1 7 1
3
1
3
1
3
1
3
1
3
1
3
P
robation
1
1
2
2
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
I
mpact
P
rison Population
6 1
2
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
F
ield Population
1
1
2
2
3
4
4
0
4
6
4
6
4
6
4
6
4
6
4
6
P
opulation Change
1
7
3
4
5
1
5
7
6
3
6
3
6
3
6
3
6
3
6
3 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 7 of 
April 28, 2022
DD:LR:OD
For each new nonviolent class D felony, the DOC estimates three (3) people could be sentenced 
to prison and five (5) to probation. The average sentence for a nonviolent class D felony offense 
is 5 years, of which 2.8 years will be served in prison with 1.7 years to first release. The 
remaining 2.2 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department could be 8 additional offenders in prison and 22 
additional offenders on field supervision by FY 2027.
Combined Estimated Cumulative Impact
The combined estimated cumulative impact of a new Class D felony and 17 class A 
misdemeanor changed to Class D Felony on the DOC could be 25 additional offenders in prison 
and 68 additional offenders on field supervision by FY 2027.
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 8 of 
April 28, 2022
DD:LR:OD
In response to similar legislation from 2022 (HB 2601), officials from the Attorney General’s 
OfficeDepartment of Health and Senior Services, the Department of Mental Health, the 
Department of Labor and Industrial Relations, the Department of Social Services
Office of the State Public Defender each assumed the proposal will have no fiscal impact on 
their respective organizations. Oversight does not have any information to the contrary. 
Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. 
In response to similar legislation from 2022 (HB 2601), officials from the Office of the State 
Courts AdministratorOversight’s request for a statement of fiscal impact. 
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other hospitals and nursing homes were requested to respond to this proposed 
legislation but did not. A listing of political subdivisions included in the Missouri Legislative 
Information System (MOLIS) database is available upon request.
§§217.035, 217.650, 217.670, 217.710, 217.720, 548.241, 589.564, and 589.565 – Interstate 
compact
In response to similar legislation from 2022 (HCS SS SCS SB 834), officials from the 
Department of Corrections (DOC) stated the additional authority to request adjustments to 
conditions of supervision introduced in §589.564 prohibits requesting modification of the length 
of an offender’s sentence. Therefore, there is no expected impact on offender populations from 
this change. While the requirement of offenders to pay a fee to apply for interstate transfer 
introduced in §589.565 may reduce the number of such requests, there is no way for the 
department to know how many offenders will not apply due to the fee, and how many offenders 
may have the fee requirement waived by the compact commission because the fee was 
determined to be an undue economic burden on the offender. 
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
9 9 9 9 9 9 9 9 9 9
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
C
hange (After Legislation - Current Law)
A
dmissions
9 9 9 9 9 9 9 9 9 9
P
robations
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
C
umulative Populations
P
rison
9 1
8
2
5
2
5
2
5
2
5
2
5
2
5
2
5
2
5
P
arole
0 0 2 1
1
2
0
2
0
2
0
2
0
2
0
2
0
P
robation
1
6
3
2
4
8
4
8
4
8
4
8
4
8
4
8
4
8
4
8
I
mpact
P
rison Population
9 1
8
2
5
2
5
2
5
2
5
2
5
2
5
2
5
2
5
F
ield Population
1
6
3
2
5
0
5
9
6
8
6
8
6
8
6
8
6
8
6
8
P
opulation Change
2
5
5
0
7
5
8
4
9
3
9
3
9
3
9
3
9
3
9
3 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 9 of 
April 28, 2022
DD:LR:OD
In 2021, Missouri submitted 3,359 outgoing transfers for Interstate Compact. This figure will be 
used to estimate the number of transfers in all subsequent years. Approximately 40% of transfers 
or 1,344 offenders (3,359 x .40) are projected to be indigent and would receive a waiver of the 
$175 fee. The DOC assumes the remaining 2,015 offenders would be able to pay the $175 
application fee required for transfer.
At most, there will be $293,854 (2,015 offenders x $175) revenue deposited into the Missouri 
Interstate Compact Fund in FY 2023, which shall be used for the costs of administration of these 
provisions.
Number of 
Interstate 
Compact 
Transfer 
Applications
Cost per 
Transfer
Total
Revenue 
Collected
Year 12,015($175)($293,854)Year 22,015($175)($352,625)Year 32,015($175)($352,625)Year 42,015($175)($352,625)Year 52,015($175)($352,625)Year 62,015($175)($352,625)Year 72,015($175)($352,625)Year 82,015($175)($352,625)Year 92,015($175)($352,625)Year 102,015($175)($352,625)
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’s impact for fiscal note purposes.
Oversight notes under current law, all necessary expenses accrued as a result of a person being 
returned to Missouri pursuant to the Interstate Compact for the Supervision of Parolees and 
Probationers shall be paid out of the state treasury. This act repeals this provision and provides 
that any person being returned to Missouri pursuant to the Interstate Compact for Adult Offender 
Supervision shall be paid out of either the "Missouri Interstate Compact Fund" or out of the state 
treasury. 
Section 589.565 states a Missouri probationer or parolee requesting a transfer of their 
supervision through this compact shall pay a $175 application fee and these moneys will be used 
for the sole benefit of the DOC in support of the administration of this section. Therefore, for 
purposes of this fiscal note, Oversight assumes transportation expenses will be paid out of the 
Missouri Interstate Compact Fund and will reflect a negative unknown cost to the fund. 
However, if the Missouri Interstate Compact Fund does not have moneys available due to the  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 10 of 53
April 28, 2022
DD:LR:OD
number of offenders granted a waiver of the transfer application fee, there could be an impact to 
the state treasury. Oversight notes the DOC has clarified the state treasury is the General 
Revenue Fund. Therefore, Oversight will reflect a potential savings from the deletion of 
§217.810.4.
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other county prosecutors and circuit clerks were requested to respond to this proposed 
legislation but did not. A listing of political subdivisions included in the Missouri Legislative 
Information System (MOLIS) database is available upon request.
§§217.541, 217.705, 217.718, 217.730, 558.011, 558.026, 558.046, 570.030, and 571.015 – 
Conditional release
In response to similar legislation from 2022 (SB 964), officials from the Department of 
Corrections (DOC) stated this proposal intends to remove the requirement for conditional 
releases of offenders as defined under section 558.011.
Operational Impact
DOC evaluated first releases of offenders on conditional release and parole release during fiscal 
years 2017 through 2021. When offenders had multiple sentences associated with their first 
release, and possibly different release statuses associated with different sentences, for the 
purpose of this analysis they were only considered as a conditional release if all release statuses 
were conditional release. Otherwise, unless the offender was discharged from all sentences upon 
release or released to probation, they were classified as a parole release.
The sentence with the most serious felony class (and longest sentence length where multiple 
sentences of the same felony class were involved) was used to determine the additional time that 
would be spent in prison if offenders were not released on conditional release.
In FY 2021, 334 offenders were released on conditional release. The following table shows the 
difference in times between condition release dates and maximum discharge dates for those 
offenders broken down by sentence felony class.  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 11 of 53
April 28, 2022
DD:LR:OD
Felony 
classReleases
Average 
Sentence 
Length 
(Years)
Average 
Time 
Served 
(Years)Difference
A522.820.02.8B 58 9.4 7.4 2.0C 122 6.5 4.8 1.6D 67 4.0 2.2 1.8E 54 3.3 1.5 1.8U 28 13.0 10.7 2.3Total3346.84.91.8
Impact if offenders were released on maximum discharge date:
Based on this number of conditional releases in FY 2021, with an average sentence length of 6.8 
years and average release time of 4.9 years, if all offenders who would have been released on 
conditional release were instead not released until their maximum discharge date, there could be 
up to an additional 635 offenders in prison and 635 fewer offenders under supervision in the field 
by FY 2029.
Impact if offenders were released one year prior to maximum discharge date:
If the 334 offenders released on conditional release in FY 2021 were instead released one year 
prior to their maximum discharge date (i.e., at 5.8 years instead of 4.9 years), there could be up 
to an additional 301 offenders in prison and 301 fewer offenders under supervision in the field by 
FY 2028. 
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
A
fter Legislation
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 0 0 3
3
3
67
6
35
6
35
6
35
6
35
P
arole
0 0 0 0 -
33
-
367
-
635
-
635
-
635
-
635
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 0 3
3
3
67
6
35
6
35
6
35
6
35
F
ield Population
0 0 0 0 -
33
-
367
-
635
-
635
-
635
-
635
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 12 of 53
April 28, 2022
DD:LR:OD
§217.690 – Eligibility for parole
In response to similar legislation from 2022 (SS SCS SB 850), officials from the Department of 
Corrections (DOC) stated this proposal modifies provisions relating to criminal laws.
This section adds language that excludes offenders with a conviction of murder in the second 
degree for an offense committed when under the age of 18 years from consideration for parole 
after serving fifteen years of incarceration, thereby requiring offenders with a conviction of 
murder in the second degree for an offense committed when under the age of 18 years to serve a 
longer period of incarceration prior to consideration for parole.
There are currently 201 offenders in prison who are both: 1) incarcerated only on a sentence, or a 
combination of sentences, for offenses committed when they were less than 18 years, and 2) 
serving a sentence for a conviction of murder in the second degree. Of those 201 offenders, nine 
are excluded from consideration for having a prior release from prison. Of the remaining 192 
offenders, 65 have been incarcerated for 15 years or more. Given the parole board is currently 
reviewing these cases, DOC assumes the passage of this proposal would result in these 65 
individuals remaining in prison. 
Oversight notes the DOC stated an (Unknown) fiscal impact in SB 664. However, for purposes 
of this fiscal note, DOC assumes the passage of section 217.690 would result in the 65 
individuals remaining in prison. Therefore, Oversight will reflect DOC’s estimated impact for 
fiscal note purposes.
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
A
fter Legislation
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
3
34
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 0 0 3
3
3
01
3
01
3
01
3
01
3
01
P
arole
0 0 0 0 -
33
-
301
-
301
-
301
-
301
-
301
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 0 3
3
3
01
3
01
3
01
3
01
3
01
F
ield Population
0 0 0 0 -
33
-
301
-
301
-
301
-
301
-
301
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 13 of 53
April 28, 2022
DD:LR:OD
§§217.940, 217.941, 217.942, 217.943, 217.944, 217.945, 217.946, and 217.947 – Correctional 
Center Nursery Program
In response to similar legislation from 2022 (HCS SS SCS SB 834), officials from the 
Department of Corrections (DOC) stated this bill establishes a Correctional Center Nursery 
Program that will allow the department to house eligible inmates and children born to them while 
in the custody of the department for a period of up to 18 months. The program must be in 
operation no later than July 1, 2025. While the bill provides the department discretion to 
determine program eligibility criteria, it does list some specific eligibility requirements.  The bill 
also establishes a new fund in the state treasury to collect appropriations, donations, and any 
support or public assistance funds received on behalf of the mother.  
Potential Number of Eligible Program Participants:  
In 2020, a total of 26 women gave birth while in the department’s custody. Of that number, 11 
had drug offenses, 6 had nonviolent offenses, 1 had a sex offense, and 7 had violent offenses.  
Twenty-two of the 26 women have been released from custody as of 12/1/21, the average post-
delivery time served was 2.32 months. 
In 2021, a total of 25 women gave birth while in the department’s custody (as of 12/1/21).  Of 
that number, 10 had drug offenses, 13 had nonviolent offenses, and 2 had violent offenses.  
Fifteen of the 25 women have been released from custody as of 12/1/21, the average post-
delivery time served was 3.1 months. 
Identifiable Costs:  
The costs depend significantly based on the size of the program.  Based on the potential number 
of eligible female offenders discussed above, the department anticipates that the conversion of 
one wing of one housing unit to establish a seven-bed capacity nursery wing will likely meet the 
capacity needs of the program due to the typically short stays of the offenders post-delivery.  
However, please note there may be instances where capacity limits delay or prevent a women’s 
ability to enter the program.  Based on the scenario of converting one wing of one housing unit 
the costs would be:
7-Bed Unit: L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 14 of 53
April 28, 2022
DD:LR:OD
One-Time Costs:$14,000Furnishings/equipment/toys$190,832One-Time conversion$26,887Vehicle (7 passenger minivan) for appointments, etc.$16,000Startup for staff – uniforms, office furniture, etc.$247,719Total One-Time CostsOn-Going Costs:$112,000On-Going Operating Cost (formula, diapers, pump, etc.) ($16k/year/bed)$100,000Contract Pediatrician Services$8,400Caregiver wages ($100/month, per caregiver, 7 caregivers)$140,000Reentry Services ($5,000 per mother/child at 28 women per year)$315,246Staff PS 8 FTE (5 Correctional Officers I, 2 Correctional Case Managers, 1 
Functional Unit Manager/Program Administrator)
$224,046Staff fringe$899,692Total On-Going Costs
Given the delayed implementation date, the costs listed will be phased over the first three fiscal 
years.
Year 1:




Year 2:



Year 3 and on-going:




*Oversight notes these costs include an inflation rate of 2.5 percent in year 2; however, DOC 
did not apply the inflation rate for year 3 and on-going.
DOC notes the bill establishes a new fund in the state treasury to collect appropriations, 
donations, and assistance payments from supporting parties or public assistance programs. It is  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 15 of 53
April 28, 2022
DD:LR:OD
unknown if the revenues into this fund would be sufficient to fund the on-going operating costs 
of the program. 
 
The bill also specifies that financial support for the mother/child is to be forwarded to the 
department to deposit into the mother’s inmate banking account.
Unknown costs:
Section 217.947 removes the applicability of section 537.600, RSMo, which would otherwise 
have granted the state of Missouri sovereign immunity from liability and suit for negligent acts 
or omissions, which would include legal liability for damages or injury to the child.
The DOC operates and maintains prisons. These prisons are not built for babies. They are 
institutional buildings built of concrete and steel with heavy locking doors, heavy furniture, and 
numerous features that could constitute a “dangerous condition” for a baby. Further, these 
prisons house violent offenders who have already admitted to or been proven guilty of 
committing bodily harm on others. There are only so many mitigating actions the department can 
take to make a prison “baby-safe” and still maintain the security of the facility. The potential 
legal exposure to the state of housing a baby in an adult correctional center represents an 
unknown potential cost to the state. 
Custody of child. The bill states in §217.940.1 that “neither the inmate’s participation in the 
program nor any provisions of [the law] shall affect, modify or interfere with the inmate’s 
custodial rights to the child nor does it establish legal custody of the child with the department.”  
This language means that the mother, and possibly another person, could have legal custody of 
the child and the authority to make all decisions regarding the child’s health and welfare. The 
DOC will have no legal authority to make those decisions and it is probable that issues will arise 
for department staff overseeing the program. 
For example, if staff observe the child is in need of medical care but the mother refuses to accept 
medical treatment for the child’s distress, it is unclear on whether the department could be 
legally liable to the child.  On the flip side, what if mom thinks the child needs to go to the 
doctor or urgent care (accompanied by mom) every time they have a fever – is the department 
required to allow her to make those decisions, and therefore, leave the institution whenever she 
claims it is medically necessary for the child?  The department is unclear of the legal 
implications of having legal custody over the mother, but not of the child that the mother has 
legal custody of and is the primary caregiver.  These issues represent a potential unknown cost to 
the state.
The department has and continues to reach out to other states that have similar programs within 
their correctional centers.  As the department continues to learn more from the operational and 
policy experience of the other states, the operational approach (and, therefore, cost projections) 
may be changed going forward. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 16 of 53
April 28, 2022
DD:LR:OD
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’ estimated impact for fiscal note purposes.
Oversight notes §217.945 establishes a new fund from moneys collected under this section and 
section 217.944 as well as any appropriations made by the General Assembly, gifts, grants, or 
donations. Oversight assumes an unknown income to the Correctional Center Nursery Program 
Fund from gifts, grants, or donations. For fiscal note purposes, Oversight assumes services 
provided under this proposal will equal income/appropriations and net to zero.
Oversight notes the Division of Child Support Enforcement will forward support payments to the 
DOC for deposit into the inmate’s banking account as outlined in §217.944.
Oversight states, according to The Benefits of Prison Nursery Programs, nine states currently 
operate prison nursery programs—California, Illinois, Indiana, Nebraska, New York, Ohio, 
South Dakota, Washington, and West Virginia.
In response to similar legislation from 2022 (HCS SS SCS SB 834), officials from the Attorney 
General’s Office, the Department of Health and Senior Services, the Department of Mental 
Health, the Department of Social Services, the Office of Administration the Office of the 
GovernorOffice of the State Courts Administrator assume the proposal will have no 
fiscal impact on their respective organizations.  Oversight does not have any information to the 
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. 
In response to similar legislation from 2022 (HCS SS SCS SB 834), officials from the 
Department of Elementary and Secondary Education, the Missouri Office of Prosecution 
ServicesOffice of the State Treasurer assumed the proposal will have no fiscal impact 
on their organization. Oversight does not have any information to the contrary. Therefore, 
Oversight will reflect a zero impact in the fiscal note.  
§§407.1700 and 570.036 – Organized retail theft
In response to a previous version (Perfected HB 2697), officials from the Department of 
Corrections (DOC) stated this proposal establishes the offense of organized retail theft. A class 
C felony is created for all thefts during a period of 120 days and less than $1,000, and a class B 
felony was created for all thefts during a period of 120 days and more than $10,000.
In section 407.1700.7, the bill creates the equivalent of a new class E felony by designating 
violations of the provisions of 407.1700 to be treated as violations of sections 407.010 to 
407.130.
For each new nonviolent class E felony, the department estimates one person will be sentenced 
to prison and two to probation.  The average sentence for a nonviolent class E felony offense is 
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The 
remaining 1.3 years will be on parole. Probation sentences will be 3 years.  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 17 of 53
April 28, 2022
DD:LR:OD
The cumulative impact on the department is estimated to be 2 additional offenders in prison and 
7 additional offenders on field supervision by FY 2025.
For each new class C felony, the department estimates four people will be sentenced to prison 
and six to probation.  The average sentence for a class C felony offense is 6.9 years, of which 3.7 
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on 
parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 15 additional offenders in prison and 
19 additional offenders on field supervision by FY 2026.
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 18 of 53
April 28, 2022
DD:LR:OD
Given the seriousness of class B felony offenses and that the introduction of a completely new 
class B felony offense is a rare event, the department assumes the admission of one person per 
year to prison following the passage of the legislative proposal. 
 
Offenders committed to prison with a class B felony as their most serious sentence who were 
first released sometime during fiscal years 2019, 2020 and 2021, had an average sentence length 
of 9.0 years and served, on average, 3.4 years in prison prior to first release. The department 
assumes one third of the remaining sentence length will be served in prison as a parole return, 
and the rest of the sentence will be served on supervision in the community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and 
0 additional offenders on field supervision by FY 2027.
Thus, the combined cumulative impact is estimated to be 22 additional offenders in prison and 
30 additional offenders on field supervision by FY 2027, with a net population change of 43 new 
offenders.
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 19 of 53
April 28, 2022
DD:LR:OD
Oversight notes the provisions of this proposal state the court shall order a person who violates 
§570.036 to pay restitution. Oversight assumes restitution will be paid to the merchant and there 
will be no impact to the State.
In response to a previous version (HB 2697), officials from the Office of the State Public 
Defender (SPD) stated the proposed legislation creates the crime of organized retail theft under 
Section 570.036. The fiscal impact of this legislation on the SPD is unknown as the number of 
additional cases eligible for representation as the result of the legislation is unknown, but it is 
anticipated that any increase would be less than $250,000.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to a previous version (HB 2697), officials the Office of the State Courts 
Administrator, the City of O’Fallon, and the City of Springfield assumed the proposal will 
have no fiscal impact on their organization. Oversight does not have any information to the 
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.  
In response to similar legislation from 2022 (HCS HB 2108), officials from the Office of 
Attorney General (AGO) assumed any additional litigation costs arising from this proposal can 
be absorbed with existing personnel and resources. However, the AGO may seek additional 
appropriations if there is a significant increase in litigation.
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
8 8 8 8 8 8 8 8 8 8
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
8 8 8 8 8 8 8 8 8 8
C
umulative Populations
P
rison
6 1
2
1
7
2
1
2
2
2
2
2
2
2
2
2
2
2
2
P
arole
0 0 1 2 6 1
1
1
6
1
7
1
8
1
8
P
robation
8 1
6
2
4
2
4
2
4
2
4
2
4
2
4
2
4
2
4
I
mpact
P
rison Population
6 1
2
1
7
2
1
2
2
2
2
2
2
2
2
2
2
2
2
F
ield Population
8 1
6
2
5
2
6
3
0
3
5
4
0
4
1
4
2
4
2
P
opulation Change
1
4
2
8
4
2
4
7
5
2
5
7
6
2
6
3
6
4
6
4 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 20 of 53
April 28, 2022
DD:LR:OD
Oversight does not have any information to the contrary. Therefore, Oversight assumes the 
AGO will be able to perform any additional duties required by this proposal with current staff 
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
In response to SCS HB 2697, HB 1589, 1637, and HCS HB 2127), officials from the Joint 
Committee on Administrative Rules assumed this proposal is not anticipated to cause a fiscal 
impact beyond its current appropriation. 
In response to SCS HB 2697, HB 1589, 1637, and HCS HB 2127), officials from the Office of 
the Secretary of State (SOS) noted many bills considered by the General Assembly include 
provisions allowing or requiring agencies to submit rules and regulations to implement the act. 
The SOS is provided with core funding to handle a certain amount of normal activity resulting 
from each year's legislative session. The fiscal impact for this fiscal note to the SOS for 
Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and 
does not expect that additional funding would be required to meet these costs. However, the SOS 
also recognizes that many such bills may be passed by the General Assembly in a given year and 
that collectively the costs may be in excess of what the office can sustain with its core budget. 
Therefore, the SOS reserves the right to request funding for the cost of supporting administrative 
rules requirements should the need arise based on a review of the finally approved bills signed by 
the governor.
In response to similar legislation from 2022 (HCS HB 2108), officials from the Office of the 
State Courts AdministratorCity of Claycomo, the City of O’Fallon, and the City of 
Springfield assumed the proposal will have no fiscal impact on their organizations. 
In response to a previous version (HB 2108), officials from the City of Freistatt, the City of 
Hughesville, the City of Laclede, the City of Osceola, the City of St. Louis, and the Greene 
County Prosecutor’s Office assumed the proposal will have no fiscal impact on their 
organization. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for these agencies.  
§§455.073, 455.075, 455.085, 546.262, 546.263, and 595.320 – Domestic Violence
In response to a previous version (HB 1699), officials from the Office of the State Courts 
Administrator and the Office of the State Public Defender
have no fiscal impact on their respective organizations. Oversight does not have any information 
to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these 
agencies.  
In response to a previous version, officials from the St. Louis County Police Department 
assumed the proposal will have no fiscal impact on their organization. Oversight does not have 
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.   L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 21 of 53
April 28, 2022
DD:LR:OD
Oversight notes the number of adult abuse and child protection order cases that have been filed 
and disposed over the last five years relating to domestic relations.
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other local law enforcement were requested to respond to this proposed legislation but 
did not. A listing of political subdivisions included in the Missouri Legislative Information 
System (MOLIS) database is available upon request.
In response to similar legislation from 2022 (Perfected HCS HB 1699), officials from the 
Attorney General’s Office, the Department of Corrections, the Missouri Highway Patrol, 
the Department of Social Services, the Missouri Office of Prosecution Services, the Phelps 
County Sheriff’s Office, the Kansas City Police Department and the St. Joseph Police 
Department each assume the proposal will have no fiscal impact on their respective 
organizations. Oversight does not have any information to the contrary. Therefore, Oversight 
will reflect a zero impact in the fiscal note for these agencies.  
§544.170 – Period of detention
In response to similar legislation (SB 130) from 2021, officials from the Boone County 
Sheriff’s Department stated over the last several years, the department has seen a large increase 
in those persons arrested on felony charges.  At this time, the jail is housing just six 
misdemeanor detainees with more than 200 detainees’ total.  The extension to 48 hours for 
certain felony arrestees will result in an increase in the amount of time a felony arrestee is 
housed in the jail.  The daily average cost to house a detainee is around $60 a day.  The jail 
intakes 8-12 persons a day.  Therefore, the department estimates the housing cost will increase 
$120 a day.
In response to similar legislation (SB 130) from 2021, officials from the Lewis County Sheriff’s 
Department stated impact will vary dependent on size and scope of jurisdiction.  The cost per 
day will also vary from jurisdiction.  Generally, the cost of incarceration ranges from $45 per day 
to $80 per day.  Departments must consider new booking data and calculate the release of these 
types of inmate.  
In response to similar legislation (SB 130) from 2021, officials from the Crestwood Police 
Department stated this 48 hour detention period could have a fiscal impact, though not terribly 
F
Y 2020
F
Y 2019
F
Y 2018
F
Y 2017
F
Y 2016
5
 Year Avg
A
dult Abuse Filed
4
1,609
4
3,552
4
3,846
4
4,359
4
3,877
4
3,449
A
dult Abuse Disposed
3
9,104
4
2,884
4
3,680
4
3,931
4
3,133
4
2,546
C
hild Protection Orders Filed
7
,584
8
,705
8
,729
8
,783
8
,462
8
,453
C
hild Protection Orders Disposed
7
,315
8
,564
8
,687
8
,595
8
,517
8
,336
S
ource: Table 42 - OSCA's Annual Statistical Supplemental Report on Domestic Relations Cases L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 22 of 53
April 28, 2022
DD:LR:OD
burdensome, on the department for the extra meals the city would provide to the 
suspect/prisoner.
In response to similar legislation (SB 130) from 2021, officials from the Ellisville Police 
Department stated this would have a positive impact from a criminal investigation standpoint.  
The minor fiscal impact of housing someone an extra day is greatly offset by the positive nature 
of this change.
Oversight notes the statements of fiscal impact and no impact to various police and sheriff’s 
departments.  Oversight is unable to project a statewide impact to local jailers for the additional 
time some persons may be kept in custody.  Oversight will reflect an impact to local 
governments as $0 to (Unknown) additional costs, but as stated above, this additional time would 
be beneficial to law enforcement agencies.  Oversight notes this proposal is permissive and 
allows more flexibility to local law enforcement. 
§544.453 – Release from prison
In response to similar legislation from 2022 (SB 1093), officials from the Office of the State 
Courts AdministratorAttorney General’s Office, and the Department of Corrections 
each assumed the proposal will have no fiscal impact on their respective organizations. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for these agencies.  
In response to similar legislation from 2022 (SB 1093), officials from the Office of the State 
Public Defender (SPD) stated the proposed legislation of §544.453 on the judicial setting of 
bond could substantially increase the number of persons held in pretrial detention resulting in an 
increase in persons eligible for SPD services. The fiscal impact of this legislation on SPD is 
unknown as the number of additional persons eligible for representation as the result of the 
legislation is unknown, but it is anticipated that any increase would be less than $250,000.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to similar legislation from 2022 (SB 1093), officials from the Phelps County 
Sheriff’s Office assumed the proposal will have no fiscal impact on their organization. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note.   L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 23 of 53
April 28, 2022
DD:LR:OD
In response to similar legislation from 2021 (SB 487), officials from the St. Joseph Police 
Department assumed the proposal will have no fiscal impact on their organization. Oversight 
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in 
the fiscal note for this agency.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other local law enforcement were requested to respond to this proposed legislation but 
did not. A listing of political subdivisions included in the Missouri Legislative Information 
System database is available upon request.
Oversight assumes this proposal establishes certain provisions specific to setting bail and the 
conditions of release in Missouri courts. Oversight is unclear on how the new provisions will be 
implemented and if this will result in a savings (fewer persons being held pretrial) or additional 
cost (more persons being held pretrial) to local jails. Therefore, Oversight will reflect a positive 
to negative unknown savings/costs to local jail funds for this proposal.
§545.473 – Change of Venue
In response to similar legislation from 2022 (SCS SB 937), officials from the Department of 
Corrections, theOffice of 
the State Public Defender
respective organizations.  
In response to a previous version (SB 937), officials from the Attorney General’s Office and 
Office of the State Courts Administrator assumed the proposal will have no fiscal impact on 
their organization. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note.  
In response to similar legislation from 2022 (SCS SB 937), officials from the Missouri Office of 
Prosecution Services (MOPS) stated there would be no measurable fiscal impact to 
MOPS.  The bill would provide a positive fiscal impact to county prosecuting attorneys’ offices 
in jurisdictions with 75,000 or less in population by reducing the number of cases transferred to 
other counties which in return would reduce travel and other expenses of those prosecutors. 
However, the exact positive fiscal impact on those local prosecutors' office is difficult to 
determine.
Oversight will reflect a potential savings to counties based on MOPS’ response.
Oversight notes all of the counties in Missouri except those listed below have “seventy-five 
thousand or fewer inhabitants.” L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 24 of 53
April 28, 2022
DD:LR:OD
COLE77,279BOONE183,610CAPE 
GIRARDEAU
81,710JEFFERSON226,739BUCHANAN84,793CLAY253,335CHRISTIAN88,842GREENE298,915
FRANKLIN104,682
ST. LOUIS 
CITY301,578
PLATTE106,718ST. CHARLES
405,262
CASS107,824JACKSON717,204JASPER122,761ST. LOUIS1,004,125
§556.036 – Statue of limitation for certain sexual offenses
In response to similar legislation from 2022 (SB 837), officials from the Department of 
Corrections (DOC) stated while there may be additional admissions as a result of an increase in 
prosecution for these particular offenses, it is not possible to determine how many additional 
prosecutions may occur nor how many admissions would result from such prosecutions. In 
addition, because the removal of the statute of limitations would not affect offenses that occurred 
prior to the effective date of this bill, it would be many years before any effect on the department 
would be seen. Therefore, DOC estimates no impact.
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’s no impact for fiscal note purposes.
In response to similar legislation from 2022 (SB 837), officials from the Attorney General’s 
OfficeDepartment of Public Safety - Missouri Highway Patrol, the Missouri Office of 
Prosecution Services, the Office of the State Courts Administrator and the Office of the 
State Public Defender
organizations. Oversight does not have any information to the contrary. Therefore, Oversight 
will reflect a zero impact in the fiscal note.  
§556.046 – Included offenses
In response to similar legislation from 2022 (HB 2589), officials from the Attorney General’s 
OfficeDepartment of Corrections, the Office of the State Courts Administrator, and the 
Office of the State Public Defender each assumed the proposal will have no fiscal impact on 
their respective organizations.
Oversight does not have any information to the contrary. Oversight assumes this proposal 
clarifies instructions given to a jury regarding included offenses and, therefore, will reflect a zero 
impact in the fiscal note for these agencies.
   L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 25 of 53
April 28, 2022
DD:LR:OD
§§558.016, 558.019, 571.015, and 571.070 – Criminal laws
In response to similar legislation from 2022 (SS SCS SB 850), officials from the Department of 
Corrections (DOC) stated this proposal intends to extend the amount of time an offender spends 
in prison prior to first release when admitted on an Armed Criminal Action (ACA) sentence. 
Given ACA sentences are already defined as dangerous felonies, which require a minimum 
prison term of 85% of the length of the sentence prior to first release and current legislation 
requires all ACA sentences to be served consecutive to other sentences, DOC estimates that the 
proposed changes to the sentencing for ACA offenses presents minimal to no potential to impact 
department operations.
Section 571.070 modifies the felony class for unlawful possession of a firearm from a class D 
felony to a class C felony if the person has no history of a dangerous felony conviction or prior 
conviction for unlawful possession of a firearm, and from a class C felony to a class B felony if 
the person has a prior conviction for a dangerous felony or a prior conviction for unlawful 
possession of a firearm.  The proposal also intends to increase the penalties associated with first 
and subsequent convictions related to the unlawful possession of a firearm.
There were 70 offenders admitted to prison in FY 2021 on a new court commitment for unlawful 
possession of a firearm as their most serious sentence. Of those, two had a prior conviction for a 
dangerous felony or unlawful possession of a firearm. Therefore, DOC estimates the impact 
based on 68 new court commitments per year as class C felonies instead of class D felonies and 
two new court commitments per year as class B felonies instead of class C felonies.
Change from class D felony to class C felony
The difference in average sentence lengths between a nonviolent class D felony and a class C 
felony is 1.9 years. The difference in average time to first release from prison for a nonviolent 
class D felony and a class C felony is 0.4 years. When these differences are applied to 68 new 
court commitments annually, this equates to maximum cumulative impact of approximately 61 
additional offenders in prison and 68 additional offenders on field supervision after seven years. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 26 of 53
April 28, 2022
DD:LR:OD
Change from class C felony to class B felony
The difference in an average sentence length between a class C felony and a class D felony is 2.1 
years. The difference in average time to first release from prison for a class C felony and a class 
D felony is 1.3 years. When these differences are applied to two new court commitments 
annually, this equates to maximum cumulative impact of approximately three additional 
offenders in prison and one additional offenders on field supervision after nine years.
§§566.010 and 566.086 – Sexual offenses
In response to similar legislation from 2022 (HB 2590), officials from the Department of 
Corrections (DOC) stated this proposal modifies provisions relating to sexual offenses.
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
A
fter Legislation
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
6
8
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 1
4
6
1
6
1
6
1
6
1
6
1
6
1
6
1
P
arole
0 0 -
14
-
61
-
61
7 6
8
6
8
6
8
6
8
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 1
4
6
1
6
1
6
1
6
1
6
1
6
1
6
1
F
ield Population
0 0 -
14
-
61
-
61
7 6
8
6
8
6
8
6
8
P
opulation Change
0 0 0 0 0 6
8
1
29
1
29
1
29
1
29
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
2 2 2 2 2 2 2 2 2 2
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
0
.0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 0 1 3 3 3 3 3 3
P
arole
0 0 0 -
1
-
3
-
3
-
3
-
1
1 1
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 1 3 3 3 3 3 3
F
ield Population
0 0 0 -
1
-
3
-
3
-
3
-
1
1 1
P
opulation Change
0 0 0 0 0 0 0 2 4 4 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 27 of 53
April 28, 2022
DD:LR:OD
The bill expands the definition of “sexual contact” to include “causing semen, seminal fluid, or 
other ejaculate to come into contact with another person” under section 566.010. 
This bill also expands section 566.086 to include “A coach, assistant coach, director, or other 
adult with a school-aged team, club, or ensemble” as a perpetrator if have a sexual contact with a 
student.
As new perpetrator i.e., “A coach, assistant coach, director, or other adult with a school-aged 
team, club, or ensemble” is added to the offense of sexual contact with a student, which is a class 
E felony, this will create an impact similar to creating a new sex and child abuse class E felony.
For each new sex or child abuse related class E felony, the department estimates three people 
will be sentenced to prison and three to probation.  The average sentence for a sex or child abuse 
related class E felony offense is 3.5 years of which, 2.9 years will be served in prison with 2.6 
years to first release. The remaining 0.6 years will be on parole. Probation sentences will be 5 
years.
The cumulative impact on the department is estimated to be 9 additional offenders in prison and 
9 additional offenders on field supervision by FY 2025.
In response to similar legislation from 2022 (HB 2590), officials from the Office of the State 
Public Defender (SPD) stated the proposed legislation expands offenses by amending Section 
566.010 and 566.086 and therefore, could increase the number of persons who are eligible for 
representation by the State Public Defender (SPD). The fiscal impact of this legislation on the 
SPD is unknown as the number of additional cases eligible for representation as the result of the 
legislation is unknown, but it is anticipated that any increase would be less than $250,000.
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
3 3 3 3 3 3 3 3 3 3
C
umulative Populations
P
rison
3 6 9 9 9 9 9 9 9 9
P
arole
0 0 0 2 2 2 2 2 2 2
P
robation
3 6 9 1
2
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 9 9 9 9 9 9 9 9
F
ield Population
3 6 9 1
4
1
7
1
7
1
7
1
7
1
7
1
7
P
opulation Change
6 1
2
1
8
2
3
2
6
2
6
2
6
2
6
2
6
2
6 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 28 of 53
April 28, 2022
DD:LR:OD
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to similar legislation from 2022 (HB 2590), officials from the Department of 
Elementary and Secondary Education, the Office of the State Courts Administrator, the St. 
Joseph Police Department and the Phelps County Sheriff’s Department
proposal will have no fiscal impact on their organization. Oversight does not have any 
information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.  
§§559.036, and 559.115 – Post-conviction treatment programs
In response to similar legislation from 2022 (HCS SS SCS SB 834), officials from the 
Department of Corrections (DOC) assumed the proposal will have no fiscal impact on their 
organization. Sections 559.036 and 559.115 will continue to be used for sentencing and, 
therefore, the number of offenders received will not change. 
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’s no impact for fiscal note purposes.
§§566.149, 566.150 & 566.155 – Sexual Offenders
In response to similar legislation from 2022 (SS SCS SB 850), the DOC states the following:
Section 566.150 creates a violation for a person to knowingly loiter within 500 feet of certain 
properties if previously convicted of provisions of section 568.020, incest; section 568.045, 
endangering the welfare of a child in the first degree; section 573.200, use of a child in a sexual 
performance; section 573.205, promoting a sexual performance by a child; section 573.023, 
sexual exploitation of a minor; section 573.025, promoting child pornography; section 573.037, 
possession of child pornography; or section 573.040, furnishing pornographic material to minors.  
The intent of the bill is to create a new class E felony for a first offense of loitering with 500 ft. 
of certain properties.  A second offense would result in a new class D felony.
For each new nonviolent class E felony, the department estimates one person will be sentenced 
to prison and two to probation.  The average sentence for a nonviolent class E felony offense is 
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The 
remaining 1.3 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 2 additional offenders in prison and 
7 additional offenders on field supervision by FY 2025. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 29 of 53
April 28, 2022
DD:LR:OD
For each new nonviolent class D felony, the department estimates three people will be sentenced 
to prison and five to probation.  The average sentence for a nonviolent class D felony offense is 5 
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining 
2.2 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 8 additional offenders in prison and 
16 additional offenders on field supervision by FY 2025.
Oversight notes during the past two fiscal years, 57 people have been found guilty under 
§566.150:
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 30 of 53
April 28, 2022
DD:LR:OD
Felony guilty 
dispositions
FY 202129FY 202028Total57
Of the 29 individuals convicted in FY 2021, three were charged with a D felony, and 26 were 
charged with an E felony.  In FY 2020, all 28 individuals were convicted with an E felony.
Section 566.155 states that an individual shall not serve as an athletic coach, manager, or athletic 
trainer for any sports team in which a child less than seventeen years of age is a member if 
previously convicted of provisions of section 568.020, incest; section 568.045, endangering the 
welfare of a child in the first degree; section 573.200, use of a child in a sexual performance; 
section 573.205, promoting a sexual performance by a child; section 573.023, sexual exploitation 
of a minor; section 573.025, promoting child pornography; section 573.037, possession of child 
pornography; or section 573.040, furnishing pornographic material to minors.  The intent of the 
bill is to create a new class E felony for a first offense.  A second offense would result in a new 
class D felony.
For each new nonviolent class E felony, the department estimates one person will be sentenced 
to prison and two to probation.  The average sentence for a nonviolent class E felony offense is 
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The 
remaining 1.3 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 2 additional offenders in prison and 
7 additional offenders on field supervision by FY 2025.
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 31 of 53
April 28, 2022
DD:LR:OD
For each new nonviolent class D felony, the department estimates three people will be sentenced 
to prison and five to probation.  The average sentence for a nonviolent class D felony offense is 5 
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining 
2.2 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 8 additional offenders in prison and 
22 additional offenders on field supervision by FY 2027.
§§566.151 and 567.030 – Criminal offenses involving a child
In response to similar legislation from 2022 (HCS HB 2616), officials from the Department of 
Corrections (DOC) stated this proposal modifies provisions relating to criminal offenses 
involving a child.  Section 566.151 changes the age of the victim of from any person who is less 
than fifteen to less than seventeen years of age. Section 567.030 changes the age of the victim 
from less than eighteen years of age but older than fourteen to older than fifteen years of age.  It 
also changes the existing class D felony to a class B felony.
Operational Impact
There were no new court commitments to prison under Section 567.030 during FY 2021. These 
offenses will be changed from class D felony to class B felony.
Given the seriousness of class B felony offenses and that the introduction of a completely new 
class B felony offense is a rare event, the department assumes the admission of one person per 
year to prison following the passage of the legislative proposal.  
Offenders committed to prison with a class B felony as their most serious sentence who were 
first released sometime during fiscal years 2019, 2020 and 2021, had an average sentence length 
of 9.0 years and served, on average, 3.4 years in prison prior to first release. The department 
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 32 of 53
April 28, 2022
DD:LR:OD
assumes one third of the remaining sentence length will be served in prison as a parole return, 
and the rest of the sentence will be served on supervision in the community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and 
0 additional offenders on field supervision by FY 2027.
Oversight notes, from information provided by the State Courts Administrator, the following 
number of felony convictions under §567.030:
FY 2018 FY 2019 FY 2020 FY 2021
Felonies     0     1     0     2
Oversight notes due to the infrequency of this offense, Oversight will reflect DOC’s impact as $0 
(no additional offenses committed or additional incarceration time) to the estimate provided by 
DOC to the General Revenue Fund.
In response to similar legislation from 2022 (HCS HB 2616), officials from the Department of 
Social Services assumed the proposal will have no fiscal impact on their organization. 
In response to a previous version (HB 2616), officials from the Attorney General’s Office, the 
Office of the State Courts Administrator, and the Office of the State Public Defender 
assumed the proposal will have no fiscal impact on their organizations. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for these agencies.  
§§569.010, 569.100, 570.010, and 570.030 – Teller machines
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 33 of 53
April 28, 2022
DD:LR:OD
DOC states this proposal modifies provisions relating to criminal offenses involving teller 
machines. It modifies section 569.100 to include the offense of tampering with a teller machine 
and associated penalties and modifies section 570.030 to include the offense of stealing a 
property that is a teller machine or the content of a teller machine including cash regardless of 
the value or amount.
The offense of tampering with a teller machine is a class D felony unless the offense is 
committed for the purpose to defraud or obtain any property of $750 or more or the damage to a 
teller machine exceeds $750, in which case it is a class C felony. Any second or subsequent 
offense is a class B felony. The offense of stealing a teller machine is a class C felony.
Operational Impact
For each new nonviolent class D felony, the department estimates three people will be sentenced 
to prison and five to probation.  The average sentence for a nonviolent class D felony offense is 5 
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining 
2.2 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 8 additional offenders in prison and 
16 additional offenders on field supervision by FY 2025.
For each new class C felony, the department estimates four people will be sentenced to prison 
and six to probation.  The average sentence for a class C felony offense is 6.9 years, of which 3.7 
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on 
parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 15 additional offenders in prison and 
19 additional offenders on field supervision by FY 2026. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 34 of 53
April 28, 2022
DD:LR:OD
Given the seriousness of class B felony offenses and that the introduction of a completely new 
class B felony offense is a rare event, the department assumes the admission of one person per 
year to prison following the passage of the legislative proposal.  
Offenders committed to prison with a class B felony as their most serious sentence who were 
first released sometime during fiscal years 2019, 2020 and 2021, had an average sentence length 
of 9.0 years and served, on average, 3.4 years in prison prior to first release. The department 
assumes one third of the remaining sentence length will be served in prison as a parole return, 
and the rest of the sentence will be served on supervision in the community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and 
0 additional offenders on field supervision by FY 2027.
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6
C
hange in prison admissions and probation openings with legislation
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 35 of 53
April 28, 2022
DD:LR:OD
§570.030 – Stealing
DOC states this section creates a total of two new felony offense in relation to stolen property.  
The proposal intends to create the following felonies:
The offense of stealing is a class C felony if the value of the property or services appropriated is 
$25,000 or more or the property is a teller machine or the contents of a teller machine including 
cash regardless of the value or amount.
The offense of stealing is a class E felony if the property appropriated is an animal; the property 
is a catalytic converter; a person has previously been found guilty of three stealing-related 
offenses committed on three separate occasions where such offenses occurred within ten years of 
the date of occurrence of the present offense; or the property appropriated is a letter, postal card, 
package, bag, or other sealed article that was delivered by common carrier or delivery service 
and not yet received by the addressee or that had been left to be collected for shipment by a 
common carrier or delivery service.    
For each new nonviolent class E felony, the department estimates one person will be sentenced 
to prison and two to probation.  The average sentence for a nonviolent class E felony offense is 
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The 
remaining 1.3 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 2 additional offenders in prison and 
7 additional offenders on field supervision by FY 2025.
For each new class C felony, the department estimates four people will be sentenced to prison 
and six to probation.  The average sentence for a class C felony offense is 6.9 years, of which 3.7 
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 36 of 53
April 28, 2022
DD:LR:OD
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on 
parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 15 additional offenders in prison and 
19 additional offenders on field supervision by FY 2026.
In response to similar legislation from 2022 (SCS SB 919), officials from the Office of 
Administration assumed the proposal will have no fiscal impact on their organization. 
In response to similar legislation from 2022 (SB 919), officials from the Attorney General’s 
OfficeOffice of the State Courts Administrator, and the Greenwood Police Department 
each assumed the proposal will have no fiscal impact on their respective organizations. 
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for these agencies.  
§571.031 – Blair’s Law
In response to similar legislation from 2022 (HB 1568), officials from the Office of the State 
Public Defender (SPD) stated the proposed legislation creates a new criminal offense under 
Section 571.031, which could increase the number of persons who are eligible for representation 
by State Public Defender (SPD). The fiscal impact of this legislation on SPD is unknown as the 
number of additional cases eligible for representation as the result of the legislation is unknown, 
but it is anticipated that the impact would be under $250,000.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 37 of 53
April 28, 2022
DD:LR:OD
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to similar legislation from 2022 (HB 1568), officials from the Department of 
Corrections (DOC) stated the areas already covered in statute for unlawfully discharging a 
firearm include dwelling house, railroad, train, boat, aircraft, motor vehicle, schoolhouses, 
courthouses or church buildings. These locations cover many areas within a municipality. For 
that reason, the additional instances which would fall within Blair’s Law is believed to have no 
fiscal impact to the department.
In response to similar legislation from 2022 (HB 1568), officials from the Attorney General’s 
OfficeMissouri Department of Conservation, the Office of the State Courts 
Administrator, the City of Springfield, the City of St. Louis, and the Phelps County Sheriff’s 
Department each assumed the proposal will have no fiscal impact on their respective 
organizations. Oversight does not have any information to the contrary. Therefore, Oversight 
will reflect a zero impact in the fiscal note.  
§575.205 – Electronic monitoring equipment
In response to similar legislation from 2022 (SB 878), officials from the Department of 
Corrections (DOC) stated this proposal modifies provisions relating to the offense of tampering 
with electronic monitoring equipment.  Section 575.205 is modified to include failing to charge 
or otherwise attempting to disable an electronic monitoring device in the list of actions 
considered as an offense of tampering with electronic monitoring equipment and specifies that 
offense as a class E felony. However, if the offense for which the person was placed on 
electronic monitoring was a misdemeanor, it is a class A misdemeanor. As misdemeanors do not 
fall under the department’s purview, it will not be addressed here.
Regarding the E felony, since this is a new offense, the department will use a standard class E 
felony response.  For each new nonviolent class E felony, the department estimates one person 
will be sentenced to prison and two to probation.  The average sentence for a nonviolent class E 
felony offense is 3.4 years, of which 2.1 years will be served in prison with 1.4 years to first 
release. The remaining 1.3 years will be on parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 2 additional offenders in prison and 
7 additional offenders on field supervision by FY 2025. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 38 of 53
April 28, 2022
DD:LR:OD
In response to similar legislation from 2022 (SB 878), officials from the Office of the State 
Public Defender (SPD) stated the proposed legislation expands the criminal offense of 
Tampering with Electronic Monitoring Equipment, Section 575.205, which could increase the 
number of persons who are eligible for representation by State Public Defender (SPD). The fiscal 
impact of this legislation on SPD is unknown as the number of additional cases eligible for 
representation as the result of the legislation is unknown, but it is anticipated to be under 
$250,000.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to similar legislation from 2022 (SB 878), officials from the Attorney General’s 
OfficeOffice of the State Courts Administrator, and the Phelps County Sheriff’s 
Department assumed the proposal will have no fiscal impact on their organization. Oversight 
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in 
the fiscal note for these agencies.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other police and sheriff’s departments were requested to respond to this proposed 
legislation but did not. A listing of political subdivisions included in the Missouri Legislative 
Information System (MOLIS) database is available upon request.
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2023
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 39 of 53
April 28, 2022
DD:LR:OD
§§575.353, 578.007, and 578.022 – Offenses against police dogs
In response to similar legislation from 2022 (SS SCS SB 850), officials from the Department of 
Corrections (DOC) stated Section 575.353 creates penalties for assault of a law enforcement 
animal, proposing a new class E felony for the serious injury of a law enforcement animal and a 
new class D felony for an assault of a law enforcement animal that results in death.  
New Class E Felony
For each new violent class E felony, the department estimates two people will be sentenced to 
prison and one to probation.  The average sentence for a violent class E felony offense is 4 years, 
of which 3 years will be served in prison with 2.2 years to first release. The remaining 1.0 year 
will be on parole. Probation sentences will be 4 years. 
The cumulative impact on the department is estimated to be 6 additional offenders in prison and 
6 additional offenders on field supervision by FY 2026.
New Class D Felony
For each new violent class D felony, the department estimates four people will be sentenced to 
prison and four to probation.  The average sentence for a violent class D felony offense is 5.7 
years, of which 4 years will be served in prison with 3 years to first release. The remaining 1.7 
years will be on parole. Probation sentences will be 4 years. 
The cumulative impact on the department is estimated to be 16 additional offenders in prison and 
23 additional offenders on field supervision by FY 2028.
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’s impact for fiscal note purposes.
In response to similar legislation from 2022 (SB 765), officials from the Greenwood Police 
Department and the St. Joseph Police Department each assumed the proposal will have no 
fiscal impact on their respective organizations. Oversight does not have any information to the 
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for those agencies.  
In response to similar legislation from 2022 (SCS SB 831), officials from the Office of the State 
Courts Administrator
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note for these agencies.  
§§590.040 and 590.080 – Peace officer standards
In response to similar legislation from 2022 (SB 689), officials from the Attorney General’s 
OfficeDepartment of Mental Health, the Department of Natural Resources, the 
Department of Labor and Industrial Relations, the Department of Public Safety – (Capitol 
Police, Office of the Director, and Missouri Highway Patrol), the Department of Social  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 40 of 53
April 28, 2022
DD:LR:OD
ServicesMissouri Department of Conservation, the Office of Administration, the St. 
Louis County Police Department, and the Phelps County Sheriff’s Department assumed the 
proposal will have no fiscal impact on their organizations. Oversight does not have any 
information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.  
§595.201 – Sexual assault survivors
In response to similar legislation from 2022 (SS SCS SB Nos. 775, 751, & 640), officials from 
the Department of Public Safety - Office of the Director (DPS) assumed the proposal will 
have no fiscal impact on their organization. 
In response to similar legislation from 2022 (Perfected SS SCS SB Nos. 775, 751 & 640), 
Oversight inquired the Department of Public Safety’s Office of the Director (DPS) regarding 
the forensic exams in §595.201.2(2) of this proposal and DPS responded as follows:
In SFY21, the DPS SAFE program paid providers 2,961 claims in the amount of $1,733,429.07. 
Regardless of any omissions to RSMo 595.201.2(2), DPS SAFE is required to comply with 
RSMo 595.220  and pay appropriate medical providers.
In response to similar legislation from 2022 (SS SCS SB 850), officials from the Office of the 
State Public Defender (SPD) stated the proposed legislation creates or expands offenses under 
Sections 566.149, 566.150, 566.155, 569.100, 570.030, 571.070, 575.200, 575.353, 578.007, and 
therefore, could increase the number of persons who are eligible for representation by the State 
Public Defender (SPD). The fiscal impact of this legislation on the SPD is unknown as the 
number of additional cases eligible for representation as the result of the legislation is unknown, 
but it is anticipated that any increase would be less than $250,000.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight 
assumes this proposal will create a minimal number of new cases and that the SPD can absorb 
the additional caseload required by this proposal with current staff and resources. Therefore, 
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple 
bills pass which require additional staffing and duties, the SPD may request funding through the 
appropriation process.
In response to similar legislation from 2022 (SS SCS SB 850), officials from the Department of 
Elementary and Secondary Education, the Department of Health and Senior Services, the 
Department of Public Safety – Office of the Director the Department of Social Services, the 
Missouri Department of Conservation, the Missouri Department of Transportation and the 
Phelps County Sheriff’s Department assumed the proposal will have no fiscal impact on their 
organization. 
In response to similar legislation from 2022 (SCS SB Nos. 775, 751, & 640), officials from the 
St. Joseph Police Department assumed the proposal will have no fiscal impact on their 
organization. L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 41 of 53
April 28, 2022
DD:LR:OD
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero 
impact in the fiscal note.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other hospitals, schools, and local law enforcement were requested to respond to this 
proposed legislation but did not. A listing of political subdivisions included in the Missouri 
Legislative Information System (MOLIS) database is available upon request.
§600.042 – Public Defender funding
In response to similar legislation from 2022 (SB 1039), officials from the Office of the State 
Public Defender (SPD) stated the proposed legislation amending Section 600.042 would allow 
SPD to receive gifts and grants in a specified public defender fund up to the currently authorized 
amount of $625,000. It is unknown how much will be received within a fiscal year.
In response to similar legislation from 2022 (HB 2370), SPD noted that a minimal amount of 
donations have been made to General Revenue using this statute.  SPD states they have not 
historically sought gifts or grants because of the requirement that the funds should be deposited 
into GR.  SPD has solicited grants from Americorp Vista for in kind donations and would like to 
solicit grants from the DOJ if the Equal Defense Act is passed.  That legislation authorizes 
substantial grants for public defender organizations that have completed workload studies and 
are working to establish appropriate workloads.  SPD would also investigate other grant funding 
available.
Oversight assumes since no material amount of donations have been received by General 
Revenue through this statute, changing the designation to the new Public Defender – Federal and 
Other Fund would not create a material direct fiscal impact to the state.
In response to similar legislation from 2022 (SB 1039), officials from the Office of 
Administration - Budget and Planning and the Office of the State Courts Administrator 
each assumed the proposal will have no fiscal impact on their organization. Oversight does not 
have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal 
note for these agencies.  
In response to similar legislation from 2022 (HB 2370), officials from the Office of the State 
Treasurer assumed the proposal will have no fiscal impact on their organization. Oversight 
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in 
the fiscal note
§632.305 – Application for detention for evaluation and treatment
In response to similar legislation from 2022 (SCS SB 1109), officials from the Department of 
Mental Health, the Department of Commerce and Insurance, the Department of Health and  L.R. No. 3895S.05C 
Bill No. SCS for HB 2088, HB 1705 and HCS for HB 1699  
Page 42 of 53
April 28, 2022
DD:LR:OD
Senior Services, the Department of Public Safety, Missouri Highway Patrol, the Missouri 
Office of Prosecution Services, the Office of the State Courts Administrator, the Office of 
the State Public Defender,Hermann Area Hospital District, the Kansas City Police 
Department, the Phelps County Sheriff’s Department and the St. Louis County Police 
Department each assumed the proposal will have no fiscal impact on their respective 
organizations. Oversight does not have any information to the contrary. Therefore, Oversight 
will reflect a zero impact in the fiscal note for these agencies.  
In response to similar legislation from 2022 (SCS SB 1109), officials from the University of 
Missouri System stated they anticipate no significant fiscal impact.
Oversight assumes the costs incurred by the University of Missouri System related to this 
proposal can be absorbed within current resource levels.
In response to similar legislation (HB 2110), officials from the Eldon Police Department
they support the proposed changes because they would reduce barriers law enforcement 
encounters when they are presented with individuals experiencing mental health issues who may 
benefit from evaluation. Officials made no statement of fiscal impact. Oversight
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note 
for this organization.  
In response to similar legislation (HB 2110), officials from the Greenwood Police Department 
assumed the proposal will have no fiscal impact on their organization. Oversight does not have 
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other public administrators, sheriffs, police departments and hospitals were requested 
to respond to this proposed legislation but did not. A listing of political subdivisions included in 
the Missouri Legislative Information System database is available upon request. L.R. No. 3895S.05C 
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FISCAL IMPACT – State 
Government
FY 2023
(10 Mo.)
FY 2024FY 2025Fully 
Implemented 
(FY 2029)
GENERAL REVENUESavings – removal of expense in 
deletion of §217.810.4    p. 10
$0 or 
Unknown
$0 or 
Unknown
$0 or
Unknown
$0 or
Unknown
Savings – DOC (§558.011)  
Change in P&P officers (fewer)
p. 4, 10
Could 
exceed…
   Personal service$0$0$0$203,645  Fringe benefits$0$0$0$140,092  Equipment and expense$0$0$0$19,631Total savings - DOC$0$0$0$363,368  FTE Change - DOC0 FTE0 FTE0 FTE(5) FTECost – DOC (§558.011)  
Increased incarceration costs
$0$0$0
Could 
exceed… 
($2,743,370)
Cost – MHP (§§43.650 and 
589.437) To build and maintain 
public website   p. 4($600,000)$0$0$0
Cost – DOC (§§191.905 and 
565.184)   p. 6, 47
   Personal service$0$0$0($41,137)  Fringe benefits$0$0$0($28,299)  Equipment and expense$0$0$0($4,024)  Incarceration and parole($61,913)($151,562)($214,713)($232,412)Total Cost – DOC($61,913)($151,562)($214,713)($305,872)    FTE Change – DOC0 FTE0 FTE0 FTE1 FTECost – DOC - (§§217.690, 
566.150, 566.155, 569.100, 
570.030, 571.015, 571.070, 
575.353)   p. 12,28,40,47,50
   Personal service$0($42,167)($85,178)($177,272)  Fringe benefits$0($28,025)($56,611)($117,819)  Equipment and expense$0($11,738)($15,718)($25,581)  Increased incarceration costs($185,738)($454,685)($772,965)($1,413,064) L.R. No. 3895S.05C 
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Total Cost – DOC($185,738)($536,615)($930,472)($1,733,736)  FTE Change – DOC0 FTE1 FTE2 FTE4 FTECost – DOC (§§407.1700 and 
570.036) Increased incarceration 
costs  p. 16, 48($37,148)($101,041)($146,005)($204,522)
Cost -  DOC (§§566.010 and 
566.086) Increased incarceration 
costs   p. 26, 27, 50($20,638)($50,521)($77,297)($83,668)
Cost – DOC (§567.030) p. 31,50 
Increased incarceration costs
$0 to 
($6,879)
$0 to 
($16,840)
$0 to 
($25,766)
$0 to 
($46,482)
Cost – DOC (§575.205) p. 37-38 
Increased incarceration costs  ($6,879)($16,840)($17,177)($18,593)
Transfer Out – To the 
Correctional Center Nursery 
Program Fund  (§§217.940 
through 217.947) 
p. 13-15, 47-48
Could 
exceed 
($325,606)
Could 
exceed 
($552,774)
Could 
exceed 
($913,174)
Could 
exceed 
($913,174)
ESTIMATED NET EFFECT 
TO THE GENERAL 
REVENUE FUND
Could 
exceed 
($1,237,922)
Could 
exceed 
($1,409,353) 
Could 
exceed 
($2,298,838)
Less than or 
More than 
($5,639,567)
Estimated Net FTE Change for 
the General Revenue Fund0 FTE1 FTE2 FTE0 FTE
MISSOURI INTERSTATE 
COMPACT FUND
Revenue – DOC (§589.565) 
Transfer application fee   p. 9-10$293,854$352,625$352,625$352,625
Cost – DOC (§589.565) 
Transportation expense   p. 9-10(Unknown)(Unknown)(Unknown)(Unknown)
NET EFFECT ON THE 
MISSOURI INTERSTATE 
COMPACT FUND
Less than 
$293,854
Less than 
$352,625
Less than 
$352,625
Less than 
$352,625 L.R. No. 3895S.05C 
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CORRECTIONAL CENTER 
NURSERY PROGRAM FUND
Income – Gifts, grants, donations
(§§217.940 thru 217.947) 
p. 13-15, 47-48 
$0 to 
Unknown
$0 to 
Unknown
$0 to 
Unknown
$0 to 
Unknown
Transfer In – From General  
p. 5-8 Revenue (§§217.940 thru 
217.947)    
Could 
exceed 
$325,606
Could 
exceed 
$552,774
Could 
exceed 
$913,174
Could 
exceed 
$913,174
Cost – DOC (§§217.940 thru 
217.947) Nursery program, 
includes costs for FTE   
Could 
exceed 
($325,606)
Could 
exceed 
($552,774)
Could 
exceed 
($913,174)
Could 
exceed 
($913,174)
   FTE Change – DOC1 FTE8 FTE8 FTE8 FTEESTIMATED NET EFFECT 
ON THE CORRECTIONAL 
CENTER NURSERY 
PROGRAM FUND$0$0$0$0
Estimated Net FTE Change to 
the Correctional Center Nursery 
Program Fund1 FTE8 FTE8 FTE8 FTE
PUBLIC DEFENDER – 
FEDERAL AND OTHER 
FUND
Income - (§600.042) 
Government grants, private gifts, 
donations, and bequests made to 
the Office of the Public Defender$0$0$0$0
ESTIMATED NET EFFECT 
TO THE PUBLIC 
DEFENDER – FEDERAL 
AND OTHER FUND$0$0
 
$0
 
$0 L.R. No. 3895S.05C 
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FISCAL IMPACT – Local 
Government
FY 2023
(10 Mo.)
FY 2024FY 2025Fully 
Implemented 
(FY 2029)
LOCAL POLITICAL 
SUBDIVISIONS
Savings – (§545.473) Potential 
reduction in the number of cases 
transferred to other counties – 
reduced travel and other 
expenses p. 23, 49-50
$0 or 
Unknown
$0 or 
Unknown
$0 or 
Unknown
$0 or 
Unknown
Savings/Cost – Police and 
Sheriff’s Departments 
(§544.453) Implementing new 
provisions relating to setting bail 
or conditions of release in courts
p. 22,49
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Cost - Police and Sheriff’s 
Departments (§544.170) 
Increased costs to house 
individuals kept in custody 
longer    p. 21,49
$0 to 
(Unknown)
$0 to 
(Unknown)
$0 to 
(Unknown)
$0 to 
(Unknown)
ESTIMATED NET EFFECT 
ON LOCAL POLITICAL 
SUBDIVISIONS
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown)
Unknown to 
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
OFFENDER REGISTRIES (Section 43.650)
This bill specifies that the State Highway Patrol must maintain on its website a registry for 
violent offenders who are on probation or parole for the offense of first or second degree murder 
in Missouri or for an equivalent offense in any other state. The Division of Probation and Parole 
within the Department of Corrections must notify the State Highway Patrol if a violent offender  L.R. No. 3895S.05C 
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is placed on probation or parole, is removed from probation or parole, or relocates to the state 
under the Interstate Compact for adult offender supervision so the State Highway Patrol can 
update the offender registry accordingly.
VULERABLE PERSONS (Sections 191.905 and 565.184)
Currently, a person who commits the offense of patient, resident or client abuse or neglect 
against any person admitted on a voluntary or involuntary basis to any mental health facility or 
mental health program can be charged with a class A misdemeanor.
In this bill, if the person knowingly neglects an individual receiving health care, treats them in a 
brutal or inhuman manner, or fails to provide services which are reasonable and necessary to 
maintain the physical and mental health of the individual when such failure presents either an 
imminent danger to the health, safety or welfare of the individual, he or she can be charged with 
a class D felony.
This bill also amends the offense of abuse of an elderly person, a person with a disability, or a 
vulnerable person from being a class A misdemeanor to being a class D felony.
CONDITIONAL RELEASE (Sections §§217.541, 217.705, 217.718, 217.730, 558.011, 558.026, 
558.046, 570.030, and 571.015)
Under current law, a sentence of imprisonment for felonies other than dangerous felonies or a 
sentence of imprisonment for a person's fourth or subsequent remand to the Department of 
Corrections, shall consist of a prison term and a conditional release term.
This act provides that for offenses occurring on or after August 28, 2022, a sentence of 
imprisonment shall consist only of a prison term without eligibility for conditional release.
ELIGIBILITY FOR PAROLE (Section 217.690)
Under current law, a person sentenced to a term or terms of imprisonment amounting to 15 years 
or more when such person was under the age of 18, is eligible for parole after serving 15 years, 
unless such person was found guilty of murder in the first degree.
This act adds that such a person will also be ineligible for parole if he or she was found guilty of 
murder in the second degree.
CORRECTIONAL CENTER NURSERY PROGRAM (Sections 217.940, 217.941, 217.942, 
217.943, 217.944, 217.945, 217.946, and 217.947)
This act establishes the "Correctional Center Nursery Program" which requires the Department 
of Corrections to establish a correctional center nursery in one or more of the correctional centers 
for women operated by the Department by July 1, 2025. The program allows eligible inmates 
and children born to them while in the custody of the Department to reside together in the 
institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or 
interfere with the inmate's custodial rights to the child nor establish legal custody of the child 
with the Department. L.R. No. 3895S.05C 
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An inmate is eligible for the program if:
• She delivers the child while in custody of the Department;
• She gives birth on or after the program is implemented;
• She has a presumptive release date of 18 months or less from the date she applies to participate 
in the program;
• She has no dangerous felony, sexual offense, or offenses against the family convictions; and
• She meets any other criteria established by the Department.
To participate in the program, the inmate must agree to abide by certain requirements set forth in 
the act. Any inmate's participation in the program can be terminated by the Department for 
reasons set forth in the act.
The Division of Child Support Enforcement shall collect support payments made under the 
assignment and such payments shall be deposited in the inmate's banking account. The 
Department may accept donations on behalf of the program, but no donations shall be made on 
behalf of one particular inmate or child. Any financial donations for a specific inmate shall be 
made through the inmate banking system.
This act also established the "Correctional Center Nursery Program Fund" which shall be used to 
maintain the program.
This act provides that neither the Department of Corrections, nor the program, shall be subject to 
regulation, licensing, or oversight by the Department of Health and Senior Services, Department 
of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of 
Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or 
oversight.
Finally, under this act, the Department of Corrections and its employees shall be immune from 
any suit or liability brought by or on behalf of children who participated in the program for any 
injuries or damages arising from correctional facility conditions. A motor vehicle operated by an 
employee of the Department who unintentionally causes injury or death to a child resident of the 
correctional center nursery shall not be liable.
ORANIZED RETAIL THEFT (Sections 407.1700 and 570.036)
Beginning February 28, 2023, this bill requires any high-volume third-party seller on an online 
marketplace to provide to the marketplace certain information, such as bank account information 
and contact information, within 10 days of becoming a high-volume seller. The online 
marketplace must verify, within 10 days, the information provided by the seller.  L.R. No. 3895S.05C 
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The online marketplace must, at least annually, notify each highvolume third-party seller that the 
seller must inform the marketplace, within three days, of any changes to the information 
provided. If a seller does not provide the required information the marketplace shall suspend 
future sales activity until the seller provides and the marketplace verifies the required 
documentation. The bill also specifies certain information the seller must disclose to consumers 
conspicuously, either on the product listing or through a link in the product's listing. If a third-
party seller requests, an online marketplace may provide for a partial disclosure of such 
information. 
This bill provides that a person commits the offense of organized retail theft if they commit a 
series of thefts of retail merchandise on the premise of a merchant or through the use of the 
internet with the intent to return the merchandise to the merchant for value or resell, trade, or 
barter the merchandise for value in any manner. 
The offense of organized retail theft is a class C felony if the aggregate value of the property or 
services, as determined under the bill, involved in all thefts committed during a 120 day period is 
between $5,000 and $10,000 and a class B felony if such aggregate value is over $10,000. In 
addition to any other penalty, the person who violates the provisions of this bill shall pay 
restitution.
PERIOD OF DETENTION (Section 544.170)
Under current law, all persons arrested and confined in any jail, without warrant or other process, 
for any alleged breach of the peace or other criminal offense, shall be discharged from custody 
within 24 hours from the time of arrest, unless they are charged with a criminal offense.
This act changes the period of detention on arrest without a warrant to 48 hours if a person is 
arrested for a criminal offense involving a dangerous felony or deadly weapon.
RELEASE FROM PRISON (Section 544.453)
When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any 
offense charged, he or she shall consider whether:
• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to 
any other person;
• A defendant is a flight risk;
• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in 
this state or any other state in the last 5 years; and
• A defendant has failed to appear in court as a required condition of probation or parole for a 
violent misdemeanor or felony within the last 3 years.
CHANGE OF VENUE (Section 545.473) L.R. No. 3895S.05C 
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Under current law, criminal cases filed in Cole County shall follow procedures different from the 
Missouri Supreme Court Rules in order to obtain a change of venue for misdemeanors or 
felonies. This act provides that counties with 75,000 or fewer inhabitants shall follow procedures 
different from the Missouri Supreme Court Rules in order to obtain a change of venue for 
misdemeanors or felonies. Additionally, this act provides that in felony and misdemeanor cases, 
the application for change of venue must be filed not later than 10 days after the initial plea is 
entered.
MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 
571.015)
Under current law, certain offenses are excluded from minimum prison terms for offenders who 
also have prior felony convictions. This act repeals the exclusion of the offense of armed 
criminal action.
This act also modifies the minimum prison terms for the offense of armed criminal action. For a 
person convicted of a first offense of armed criminal action, the term of imprisonment shall be 
no less than 3 years. For a person convicted of a second offense of armed criminal action, the 
term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person 
convicted of armed criminal action shall not be eligible for parole, probation, conditional release, 
or suspended imposition or execution of sentence.
SEXUAL OFFENSES (Sections 566.010 and 566.086)
This bill changes the definition of "sexual contact" and it adds a coach, assistant coach, director, 
or other adult with a school-aged team, club, or ensemble, regardless of whether such team, club, 
or ensemble is connected to a school or scholastic association to the list of those who can be 
charged with committing the offense of sexual contact with a student.
SEXUAL OFFENDERS (Sections 566.149, 566.150, & 566.155)
Under current law, certain offenders shall not knowingly be present in certain areas, such as 
schools, public parks with playgrounds, public swimming pools, and athletic fields primarily 
used by children. Additionally, under current law, certain offenders can not serve as an athletic 
coach or trainer for a sport team if a child less than 17 years of age is a member of the team.
This act adds that any person found guilty of the offense of possession of child pornography shall 
not knowingly be present in such areas and shall not serve as an athletic coach.
CRIMINAL OFFENSES INVOLVING A CHILD (Sections 566.151 and 567.030)
This bill modifies the offense of enticement of a child by increasing the age of the victim from 
less than 15 years old to less than 17 years old. 
Additionally, the bill modifies the penalty provisions for the offense of patronizing prostitution. 
Currently, the penalty distinctions are for older than 14 years of age and 14 or younger. This bill 
increases the age from 14 to 15 years old and modifies the offense of patronizing prostitution if 
the individual is 15 years of age or younger from a class D felony to a class B felony. L.R. No. 3895S.05C 
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OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100)
This act adds to the offense of property damage in the first degree if such person knowingly 
damages, modifies, or destroys a teller machine or otherwise makes it inoperable.
This offense is a class D felony unless committed for the purpose of executing any scheme or 
artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the 
teller machine exceeds $750, in which case it is a class C felony. It shall be a class B felony if 
committed for the purpose of obtaining the personal financial credentials of another person or if 
the person has committed a second or subsequent offense of damaging a teller machine.
OFFENSE OF STEALING (Sections 570.010 & 570.030)
This act adds that the offense of stealing shall be a class C felony if the property stolen is a teller 
machine or the contents of a teller machine including cash regardless of the value or amount 
stolen.
This act provides that a person commits the offense of mail theft if the person intentionally 
appropriates mail from another person's mailbox or premises without consent of the addressee 
and with intent to deprive such addressee of the mail. This offense shall be a Class A 
misdemeanor for the first offense and a Class E felony for any second or subsequent offense.
This act shall not prohibit such person from being charged with another crime in relation to mail 
obtained in violation of this act.
OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)
Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been 
convicted of a dangerous felony then it is a Class C felony.
This act changes the penalty for the offense to a Class C felony, unless a person has been 
convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a 
firearm, then it is a Class B felony.
ELECTRONIC MONITORING EQUIPMENT (Section 575.205)
This act modifies the offense of tampering with electronic monitoring equipment to provide that 
a person commits the offense if he or she intentionally removes, alters, tampers with, damages, 
destroys, fails to charge, or otherwise disables electronic monitoring equipment which a court or 
the Parole Board has required such person to wear.
The offense of tampering with electronic monitoring equipment if the person fails to charge or 
otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for 
which the person was placed on electronic monitoring was a misdemeanor, in which case it is a 
Class A misdemeanor.
MISSOURI STATE COMPACT FUND (Section 589.565) L.R. No. 3895S.05C 
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Under this act, a Missouri probationer or parolee seeking transfer of his or her supervision 
pursuant to the Interstate Compact for Adult Offender Supervision shall pay a $175 fee for each 
application, unless waived by the compact commissioner for an undue economic burden on the 
offender.
This act establishes the "Missouri State Compact Fund" and all fees collected by the 
commissioners shall be paid to the Fund. The money from the Fund shall be used for the sole 
benefit of the Department of Corrections to pay the expenses of the Interstate Compact for Adult 
Offender Supervision.
PUBLIC DEFENDER FUNDING (Section 600.042)
Under current law, any funds available from government grants, private gifts, donations, 
bequests, or other sources made to the Office of the Public Defender are deposited in the general 
revenue fund of the state.
This act creates the "Public Defender - Federal and Other Fund" in the state treasury and 
provides that funding from any government grants, private gifts, donations, bequests, or other 
sources shall be deposited into such fund.
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
Attorney General’s Office
Department of Commerce and Insurance
Department of Corrections
Department of Elementary and Secondary Education
Department of Health and Senior Services
Department of Labor and Industrial Relations
Department of Mental Health
Department of Natural Resources
Department of Public Safety 
Department of Revenue
Department of Social Services
Joint Committee on Administrative Rules
Missouri Department of Conservation
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of Administration
Office of Administration - Budget and Planning
Office of the Governor
Office of the Secretary of State L.R. No. 3895S.05C 
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Office of the State Courts Administrator
Office of the State Public Defender
Office of the State Treasurer
University of Missouri System
Crestwood Police Department
Eldon Police Department
Ellisville Police Department
Greenwood Police Department
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
St. Louis County Justice Services
Boone County Sheriff’s Department
Lewis County Sheriff’s Department
Phelps County Sheriff’s Department
Hermann Area Hospital District
City of Claycomo
City of Freistatt
City of Hughesville
City of Kansas City
City of Laclede
City of O’Fallon
City of Osceola
City of Springfield
City of St. Louis
Greene County Prosecutor’s Office
Julie MorffRoss StropeDirectorAssistant DirectorApril 28, 2022April 28, 2022