Missouri 2022 2022 Regular Session

Missouri House Bill HB2112 Introduced / Fiscal Note

Filed 02/11/2022

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4815H.01I Bill No.:HB 2112  Subject:Sexual Offenses; Crimes and Punishment Type:Original  Date:February 11, 2022Bill Summary:This proposal modifies provisions relating to sexual offenders. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue($27,517)($67,361)($85,885)Total Estimated Net 
Effect on General 
Revenue($27,517)($67,361)($85,885)
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. 4815H.01I 
Bill No. HB 2112  
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 FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any  
     of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
     the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0$0$0 L.R. No. 4815H.01I 
Bill No. HB 2112  
Page 3 of 
February 11, 2022
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§566.155 – Sexual offenders
Officials from the Department of Corrections (DOC) state this proposal modifies provisions 
relating to sexual offenders.
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 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.
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. 4815H.01I 
Bill No. HB 2112  
Page 4 of 
February 11, 2022
DD:LR:OD
Combined Estimated Impact
The combined estimated cumulative impact of a new class E felony and a new class D felony on 
the department is estimated to be 10 additional offenders in prison and 23 additional offenders on 
field supervision by FY 2025.
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
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
7 7 7 7 7 7 7 7 7 7
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
7 7 7 7 7 7 7 7 7 7
C
umulative Populations
P
rison
4 8 1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
P
arole
0 0 2 5 8 8 8 8 8 8
P
robation
7 1
4
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
I
mpact
P
rison Population
4 8 1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
F
ield Population
7 1
4
2
3
2
6
2
9
2
9
2
9
2
9
2
9
2
9
P
opulation Change
1
1
2
2
3
3
3
6
3
9
3
9
3
9
3
9
3
9
3
9 L.R. No. 4815H.01I 
Bill No. HB 2112  
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February 11, 2022
DD:LR:OD
# 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 14($8,255)($25,517)0$07($25,517)Year 28($8,255)($67,361)0$014($67,361)Year 310($8,255)($85,885)0$023($85,885)Year 410($8,255)($87,603)0$026($87,603)Year 510($8,255)($89,355)0$029($89,355)Year 610($8,255)($91,142)0$029($91,142)Year 710($8,255)($92,965)0$029($92,965)Year 810($8,255)($94,824)0$029($94,824)Year 910($8,255)($96,720)0$029($96,720)Year 1010($8,255)($98,655)0$029($98,655)
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.  
Oversight does not have any information contrary to that provided by DOC.  Therefore, 
Oversight will reflect DOC’s estimated impact for fiscal note purposes. L.R. No. 4815H.01I 
Bill No. HB 2112  
Page 6 of 
February 11, 2022
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Officials from the Attorney General’s Office, the Department of Elementary and Secondary 
Education, the Department of Mental Health, the Department of Labor and Industrial 
Relations, 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 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 Oversight’s database is available upon 
request.
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDCost – DOC (§566.155) Increased 
incarceration costs    p. 3-5($27,517)($67,361)($85,885)
ESTIMATED NET EFFECT ON 
THE GENERAL REVENUE FUND($27,517)($67,361)($85,885)
FISCAL IMPACT – Local GovernmentFY 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
Currently, certain offenders are prohibited from serving as an athletic coach, manager, or athletic 
trainer for any sports team in which a child under 17 years old is a member. This bill adds 
offenders who have been convicted of an offense that requires the offender to register under Tier 
III of the sexual offender registry to the list of offenders who are prohibited from serving in such 
a capacity. The bill also prohibits all such offenders from supervising or employing a child under 
17 years old. L.R. No. 4815H.01I 
Bill No. HB 2112  
Page 7 of 
February 11, 2022
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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 Elementary and Secondary Education
Department of Mental Health
Department of Corrections
Department of Labor and Industrial Relations
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