COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4568H.01I Bill No.:HB 2397 Subject:Department of Corrections; Crimes and Punishment Type:Original Date:February 28, 2022Bill Summary:This proposal modifies provisions relating to good time credit for offenders
committed to the Department of Corrections.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue*(Unknown, Greater
than $250,000)
$0 or
Unknown
$0 or
Unknown
Total Estimated Net
Effect on General
Revenue
(Unknown, Greater
than $250,000)
$0 or
Unknown
$0 or
Unknown
*Costs in FY 2023 reflect the design & development of a new system to track and calculate the
good-time credits as described in the legislation. Potential savings in subsequent years reflect a
potential reduction in the prisoner population. Oversight notes, in response to other legislation
this year, DOC has used a per-inmate cost of $8,255 to the General Revenue Fund per year.
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. 4568H.01I
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0$0$0 L.R. No. 4568H.01I
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FISCAL ANALYSIS
ASSUMPTION
§558.041 – Good time credit
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to good time credit for offenders committed to the Department of Corrections.
Currently, the department does not have an automated system that could track and calculate the
good-time credits as described in the legislation. As such, the department is unable to project the
impact to the prison population. However, it is assumed the legislation would decrease the
number of individuals incarcerated.
Without automation to calculate the good-time credits, the department would have to calculate
these credits by hand which would be labor intensive for Division of Adult Institutions staff. It is
unknown to the department how many additional staff may be needed in order to comply with
the legislation. It should also be noted, without automation, the chance of error would be
extremely high.
It is unclear how this legislation will impact statutory required minimum prison terms. The
legislation specifies how the department would address offenders with sentences for dangerous
felonies, however, for offenses that are not dangerous felonies but require a minimum prison
term, it is unclear how the department would apply credits in those circumstances.
DOC will have to contract with a vendor to design and develop an automated system to track and
calculate the good-time credits as described in this legislation and estimates the cost to be greater
than $250,000.
Oversight does not have any information contrary to that provided by DOC. Oversight assumes
the IT system development will occur in FY 2023 and will reflect DOC’s impact of (Unknown,
greater than $250,000) for FY 2023 and no impact in FY 2024 and subsequent years.
Additionally, as this new program may decrease populations for DOC, Oversight will reflect a
potential savings ($0 or Unknown) in FY 2024 and FY 2025. Oversight notes, in response to
other legislation this year, DOC has used a per-inmate cost of $8,255 to the General Revenue
Fund per year.
Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not
anticipated to cause a fiscal impact beyond its current appropriation. L.R. No. 4568H.01I
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Officials from the Office of the Secretary of State (SOS) note 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.
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDSavings - DOC (§558.041) Potential
impact to the population relating to
good time credit (p.3)$0
$0 or
Unknown
$0 or
Unknown
Cost – DOC (§558.041) to develop
Good Time Credit for Offenders system
(Unknown,
Greater than
$250,000)
$0$0ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
(Unknown,
Greater than
$250,000)
$0 or
Unknown
$0 or
Unknown
FISCAL IMPACT – Local GovernmentFY 2023
(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 committed to the Department of Corrections may receive additional
credit upon recommendation by the offender's institutional superintendent when the offender
meets certain requirements specified in statute. This bill specifies that such offenders shall L.R. No. 4568H.01I
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instead receive additional credit, according to the provisions specified in the bill, if the offender
meets the certain requirements, and it removes the requirement that the institutional
superintendent recommends such credit. Credits from prior years are not lost for major violations
and credits may be restored as a matter of the Department's policy.
The bill also revises the requirements relating to the policy for awarding credit, and it requires
the Department of Corrections to adopt rules specifying programs or activities for which credit
may be earned as well as creating criteria relating to participation in and completion of such
programs or activities.
The accumulated credit of every offender shall be tallied monthly and maintained by the
institution where the term of imprisonment is being served. A record of such accumulated credit
shall be sent to the records office of the Department on a quarterly basis, forwarded to the
Division of Probation and Parole, and provided to the offender.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Corrections
Joint Committee on Administrative Rules
Office of the Secretary of State
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 28, 2022February 28, 2022