COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5320H.01I Bill No.:HB 2597 Subject:Probation and Parole; Department of Corrections Type:#Updated Date:March 2, 2022
#Updated with new information from Department of Corrections
Bill Summary:This proposal modifies post-conviction treatment programs.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025#General Revenue$0 $0$0#Total Estimated
Net Effect on
General Revenue$0$0$0
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. 5320H.01I
Bill No. HB 2597
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March 2, 2022
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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. 5320H.01I
Bill No. HB 2597
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March 2, 2022
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FISCAL ANALYSIS
ASSUMPTION
§§217.703, 559.036, and 559.115 – Post-conviction treatment programs
Officials from the Department of Corrections (DOC) state this proposal eliminates the
Missouri Post-Conviction Program under section 217.785. In addition, the legislation designates
cognitive programming as the sole programming available for offenders referred to a Court
Ordered Detention Sanction under section 559.036 and gives the DOC sole discretion in whether
to place offenders in drug treatment or cognitive programming, based on assessed needs, under
section 559.115.
Changes to sections 559.036 and 559.115 will reflect no changes to admissions to DOC as these
offenders could be required to receive a new structured cognitive behavioral program during
their 120-day incarceration.
In FY 2021, eighty-seven offenders were incarcerated to receive post-conviction 120-day drug
treatment under statute 217.785. Under this bill, this option would no longer be available and
offenders will either receive drug treatment in the community or be sent to a 120-day program
within the Department of Corrections. Research done by the department shows that for those in
post-conviction treatment, pre-admission need scores and SACA scores are slightly lower than
those entering an institutional treatment center. It is, therefore, estimated that 25% will be
ordered to continue with their probation, while the other 75% will be ordered to complete a 120-
day incarceration program.
The impact on the department is estimated to be 7 fewer offenders in prison annually.
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
8
7
8
7
8
7
8
7
8
7
8
7
8
7
8
7
8
7
8
7
A
fter Legislation
6
5
6
5
6
5
6
5
6
5
6
5
6
5
6
5
6
5
6
5
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
-
22
-
22
-
22
-
22
-
22
-
22
-
22
-
22
-
22
-
22
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
P
arole
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
F
ield Population
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
P
opulation Change
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7
-
7 L.R. No. 5320H.01I
Bill No. HB 2597
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# to
prison
Cost per
year
Total Savings
for prison
Change in
probation
& parole
officers
Total savings
for
probation
and parole
# to
probation
and
parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 1(7)($8,255)$48,1540$0(1)$48,154Year 2(7)($8,255)$58,9410$0(1)$58,941Year 3(7)($8,255)$60,1200$0(1)$60,120Year 4(7)($8,255)$61,3220$0(1)$61,322Year 5(7)($8,255)$62,5480$0(1)$62,548Year 6(7)($8,255)$63,7990$0(1)$63,799Year 7(7)($8,255)$65,0750$0(1)$65,075Year 8(7)($8,255)$66,3770$0(1)$66,377Year 9(7)($8,255)$67,7040$0(1)$67,704Year 10(7)($8,255)$69,0580$0(1)$69,058
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. 5320H.01I
Bill No. HB 2597
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March 2, 2022
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#In a revised response, officials from the Department of Corrections (DOC) stated in the first
response, they failed to take into account that the court isn’t losing options for sentencing.
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.
Officials from the Department of Mental Health and the Missouri Office of Prosecution
ServicesOversight does
not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the
fiscal note for these agencies.
Officials from the Office of the State Courts Administrator did not respond to Oversight’s
request for fiscal impact for this proposal.
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025#$0#$0#$0FISCAL 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
#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.
SOURCES OF INFORMATION
Department of Corrections
Department of Mental Health
Missouri Office of Prosecution Services L.R. No. 5320H.01I
Bill No. HB 2597
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March 2, 2022
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NOT RESPONDING
Office of the State Courts Administrator
Julie MorffRoss StropeDirectorAssistant DirectorMarch 2, 2022March 2, 2022