COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4886H.01I Bill No.:HB 2094 Subject:Crimes and Punishment; Sexual Offenses; Department of Elementary and
Secondary Education
Type:Original Date:February 11, 2022Bill Summary:This proposal modifies the offense of furnishing pornographic material to
minors.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated
Net Effect on
General Revenue*$0$0$0
*Oversight notes very few felony convictions from §573.040 over the past four years (2);
therefore, Oversight assumes the changes in this proposal will not create a material fiscal impact
to the state.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated
Net Effect on
Other State Funds$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4886H.01I
Bill No. HB 2094
Page 2 of
February 11, 2022
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated
Net Effect on All
Federal Funds$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated
Net Effect on FTE000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0$0$0 L.R. No. 4886H.01I
Bill No. HB 2094
Page 3 of
February 11, 2022
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FISCAL ANALYSIS
ASSUMPTION
§573.040 – Furnishing pornographic material to minors
Officials from the Department of Corrections (DOC) state 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. 4886H.01I
Bill No. HB 2094
Page 4 of
February 11, 2022
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The impact of a new class C felony and a new class D felony on the department is estimated to
be 23 additional offenders in prison and 53 on field supervision by FY2029.
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
7 7 7 7 7 7 7 7 7 7
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
7 7 7 7 7 7 7 7 7 7
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
7 1
4
2
0
2
3
2
3
2
3
2
3
2
3
2
3
2
3
P
arole
0 0 1 5 1
2
1
6
2
0
2
0
2
0
2
0
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
7 1
4
2
0
2
3
2
3
2
3
2
3
2
3
2
3
2
3
F
ield Population
1
1
2
2
3
4
3
8
4
5
4
9
5
3
5
3
5
3
5
3
P
opulation Change
1
8
3
6
5
4
6
1
6
8
7
2
7
6
7
6
7
6
7
6 L.R. No. 4886H.01I
Bill No. HB 2094
Page 5 of
February 11, 2022
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# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 17($8,255)($48,154)0$011($48,154)Year 214($8,255)($117,881)0$022($117,881)Year 320($8,255)($171,770)0$034($171,770)Year 423($8,255)($201,486)0$038($201,486)Year 523($8,255)($205,516)0$045($205,516)Year 623($8,255)($209,626)0$049($209,626)Year 723($8,255)($213,819)1($82,944)53($296,763)Year 823($8,255)($218,095)1($74,255)53($292,350)Year 923($8,255)($222,457)1($75,060)53($297,517)Year 1023($8,255)($226,906)1($75,873)53($302,779)
If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries.
If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $22.616 per day or an annual cost of $8,255 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $88.12 per day or an
annual cost of $32,162 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases. L.R. No. 4886H.01I
Bill No. HB 2094
Page 6 of
February 11, 2022
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Oversight notes, from information provided by the State Courts Administrator, the following
number of felony convictions under §573.040:
FY 2021 FY 2020 FY 2019 FY 2018
Felonies 1 0 1 0
Oversight assumes due to the minimal number of convictions in the past, that making this
offense a higher felony classification for certain offenders will not create a material fiscal
impact.
Officials from the Attorney General’s Office, the Department of Elementary and Secondary
Education, the Department of Public Safety – Missouri Highway Patrol, the Department of
Social Services, the Missouri Office of Prosecution Services, the Office of the State Courts
Administrator, and the Office of the State Public Defender
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.
Oversight only reflects the responses that we have received from state agencies and political
subdivisions; however, other schools 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.
FISCAL IMPACT –
State Government
FY 2023
(10 Mo.)
FY 2024FY 2025$0$0$0FISCAL IMPACT –
Local Government
FY 2023
(10 Mo.)
FY 2024FY 2025$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
The proposed legislation appears to have no direct fiscal impact.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 4886H.01I
Bill No. HB 2094
Page 7 of
February 11, 2022
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SOURCES OF INFORMATION
Attorney General’s Office
Department of Elementary and Secondary Education
Department of Corrections
Department of Public Safety - Missouri Highway Patrol
Department of Social Services
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 11, 2022February 11, 2022