COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2456H.03C Bill No.:HCS for HB 1133 Subject:Department of Corrections; Prisons and Jails; Crimes and Punishment; Criminal Procedure Type:Original Date:March 20, 2023Bill Summary:This proposal modifies provisions relating to jail-time credit. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue*$0 to Unknown$0 to Unknown$0 to UnknownTotal Estimated Net Effect on General Revenue$0 to Unknown$0 to Unknown$0 to Unknown *Oversight estimates the savings could exceed the $250,000 threshold. Oversight notes to reach the $250,000 threshold, a reduction of 27 years of additional credit for time spent in prison, jail or custody would be required at the estimated incarceration rate of $9,499 per year per prisoner ($250,000 / $9,499 = 26.3). ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 2456H.03C Bill No. HCS for HB 1133 Page 2 of March 20, 2023 DD:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total 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 2024FY 2025FY 2026Local Government$0$0$0 L.R. No. 2456H.03C Bill No. HCS for HB 1133 Page 3 of March 20, 2023 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §558.031 – Credit for jail time Officials from the Department of Corrections (DOC) state this proposal modifies provisions relating to jail-time credit. The department is unable to project a fiscal impact due to not knowing the amount of “additional” credit that may be awarded. Oversight notes the provisions of this proposal allow the court to award additional credit toward the service of a sentence of imprisonment by changing the beginning of the credit accrual to after the offense occurred. Therefore, Oversight will reflect a range of $0 (no additional credit awarded) to DOC’s estimated unknown impact for fiscal note purposes. Officials from the Office of the State Courts Administrator, the Branson Police Department, the Kansas City Police Department, the St. Joseph Police DepartmentSt. Louis County Police Department, and the Phelps County Sheriff’s Department assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Oversight only reflects the responses received from state agencies and political subdivisions; however, other circuit clerks and local law enforcement were requested to respond to this proposed legislation but did not. A listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUESavings – DOC (§558.031) Jail-time credit $0 to Unknown $0 to Unknown $0 to Unknown ESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND $0 to Unknown $0 to Unknown $0 to Unknown FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026$0$0$0 L.R. No. 2456H.03C Bill No. HCS for HB 1133 Page 4 of March 20, 2023 DD:LR:OD FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION CREDIT FOR JAIL TIME (Section 558.031) This bill modifies provisions relating to credit toward the service of a sentence of imprisonment by changing the beginning of the credit accrual to after the offense occurred, as opposed to the current provision of after conviction. This credit must be based upon the certification of the sheriff, and may be supplemented by a certificate of a sheriff or other custodial officer from another jurisdiction having held the person on the charge of the offense for which the sentence is ordered. The court, when pronouncing sentence, may award additional credit for time spent in prison, jail, or custody before the commencement of the sentence for those in which the person was incarcerated, but for whom no detainer or warrant was served. The total amount of credit must not be more than the number of days between the date of the offense and the commencement of the sentence. 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 Office of the State Courts Administrator Branson Police Department Kansas City Police Department St. Joseph Police Department St. Louis County Police Department Phelps County Sheriff’s Department Julie MorffRoss StropeDirectorAssistant DirectorMarch 20, 2023March 20, 2023