COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2456H.03P Bill No.:Perfected HCS for HB 1133 Subject:Department of Corrections; Prisons and Jails; Crimes and Punishment; Criminal
Procedure
Type:Original Date:March 28, 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*UnknownUnknownUnknownTotal Estimated Net
Effect on General
RevenueUnknownUnknownUnknown
*Oversight assumes the fiscal impact (savings) could exceed the $250,000 threshold. Oversight
notes there were 106 new prison admissions for 1
st
and 2
nd
degree drug trafficking in FY 2022.
To reach the $250,000 threshold, a reduction of 27 prisoners would be required at the estimated
incarceration rate of $9,499 cost per year per prisoner.
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.03P
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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.03P
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FISCAL ANALYSIS
ASSUMPTION
§558.031 – Credit for jail time
In response to a previous version (HCS HB 1133), officials from the Department of
Corrections (DOC) stated 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.
In response to a previous version (HCS HB 1133), 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 each assumed the proposal will have no fiscal impact on their respective
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 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.
House Amendment (HA) 1
Oversight assumes House Amendment 1 is a title change and will have no fiscal impact on state
or local governments.
House Amendment (HA) 2
Oversight assumes HA 2 makes a technical correction and will have no fiscal impact on state or
local governments.
House Amendment (HA) 3
§§579.065 and 579.068 – Trafficking drugs
In response to similar legislation from 2023 (HB 1176), officials from the Department of
Corrections (DOC) stated this proposal modifies provisions relating to the offenses of L.R. No. 2456H.03P
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trafficking of drugs in the first and second degree. This bill intends to modify sections 579.065
and 579.068 to reduce the number of people eligible for sentencing as drug traffickers due to
possession of and distributing substances that contain cocaine base.
Trafficking drugs in the first degree is a class B felony if the substance amount is eight grams or
more, while a substance amount of twenty-four grams or more is considered a class A felony.
Trafficking drugs in the second degree is a class C felony if the substance amount is eight grams
of more, while a substance amount of twenty-four grams or more is a class B felony. Therefore,
the intent of this bill is the removal of one class C felony, two class B felonies, and one class A
felony.
Section 579.065 - In FY 2022, there were 17 new prison admissions for 1
st
degree drug
trafficking and 22 new probation cases for sentences of trafficking drugs in the first degree.
Section 579.068 - In FY 2022, there were 89 new prison admissions for 2
nd
degree drug
trafficking and 77 new probation cases for sentences of trafficking drugs in the second degree.
When an offender is sentenced to imprisonment, the department receives a sentence and
judgement form which contains information on the conviction(s) of and sentence(s). Most
sentence and judgement forms for drug-related offenses do not notate the type or amount of the
drug associated with the conviction. Given that the drug associated with the offense, and any
amount associated with the drug, is unknown in the majority of cases, the department is unable to
estimate the number of new admissions related to the possession and or distribution of fentanyl.
Therefore, the DOC will assume an unknown impact to this legislation.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated unknown impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 1176), officials from the Attorney General’s
OfficeDepartment of Public Safety - Missouri Highway Patrol, the Missouri Office of
Prosecution Services, the Office of the State Courts AdministratorOffice of the
State Public Defender
organizations. Oversight does not have any information to the contrary. Therefore, Oversight
will reflect a zero impact in the fiscal note for these agencies. L.R. No. 2456H.03P
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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
Savings – DOC (§§579.065 and
579.068) Trafficking drugsUnknownUnknownUnknown
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUNDUnknownUnknownUnknown
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$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
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.
TRAFFICKING DRUGS (Sections 579.065 and 579.068)
This bill removes from the offense of drug trafficking in the first degree when a person
knowingly distributes, delivers, manufactures, produces, or attempts to distribute, deliver, L.R. No. 2456H.03P
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manufacture, or produce more than eight grams of a mixture or specified substance that has a
cocaine base. The bill also removes from the offense of drug trafficking in the second degree
when a person knowingly possesses more than eight grams of a mixture or specified substance
that has a cocaine base.
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 Corrections
Department of Public Safety - Missouri Highway Patrol
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
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 28, 2023March 28, 2023