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 Page 5 of 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 DD:LR:OD 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 DD:LR:OD 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