COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2573H.02I Bill No.:HB 1227 Subject:Crimes and Punishment; Civil Penalties; Probation and Parole; Criminal
Procedure; Department of Corrections
Type:Original Date:April 26, 2023Bill Summary:This proposal modifies provisions relating to proceedings based on court-
imposed sentences.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General
Revenue*
Could exceed
($140,062,656)
Could exceed
($314,807,635 )
Could exceed
($316,619,842)
Could exceed
($396,973,537)
Total Estimated
Net Effect on
General
Revenue
Could exceed
($140,062,656)
Could exceed
($314,807,635 )
Could exceed
($316,619,842)
Could exceed
($396,973,537)
*DOC estimates the combined estimated cumulative impact on the department is 10,942
additional offenders in prison and 10,941 fewer offenders on field supervision by FY 2033.
DOC further states while the fiscal impact is unknown, should this legislation pass, the DOC
would assume full cost of incarceration of $31,921 per offender. This cost does not include
construction costs to increase institutional capacity, which may be necessary to accommodate the
possibility of this large number of offenders.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 2573H.02I
Bill No. HB 1227
Page 2 of
April 26, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General Revenue(109) FTE(200) FTE(197) FTE(214) FTETotal Estimated
Net Effect on
FTE(109) FTE(200) FTE(197) FTE(214) FTE
☒ 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
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Local
Government$0$0$0$0 L.R. No. 2573H.02I
Bill No. HB 1227
Page 3 of
April 26, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§217.690, 217.760, 558.011, 558.019, 558.031, 558.046, 559.125, 566.030, 566.151, and
571.015 – Court-imposed sentences
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to proceedings based on court- imposed sentences.
This proposal modifies 217.690 relating to the parole board’s authority to provide a parole
hearing, order of release, or order parole of an offender until such time as the offender has served
the minimum term of the sentence imposed on the offender. This could potentially delay the
release of some offenders; however, it is unknown how many offenders this would impact each
fiscal year.
Section 558.011 limits the conditional release term of a sentence of imprisonment to no more
than fifteen percent of the sentence.
In FY2022, 446 offenders were released on conditional release. The following table shows the
difference in times between conditional release dates and maximum discharge dates for those
offenders broken down by sentence felony class. It then assumes these offenders would be
released no sooner than after 85% of their prison term had been served.
Felony classReleases
Average
Sentence
Length
(Years)
Average
Time
Served
(Years)
New
Average
Time Served
(Years)
A1214.614.514.5B809.78.18.2C1376.55.25.5D1064.23.13.6E793.51.63.0U3214.813.113.1Total4466.85.45.9
If the 446 offenders released on conditional release in FY2022 were instead released after a
minimum of 85 percent had been served on their prison sentence (i.e., at 5.9 years instead of 5.4
years), there could be up to an additional 134 offenders in prison and 134 fewer offenders under
supervision in the field by FY 2030. L.R. No. 2573H.02I
Bill No. HB 1227
Page 4 of
April 26, 2023
DD:LR:OD
Section 558.019.6 states the provisions of this section shall now apply to offenses occurring prior
to August 28, 2019. The department assumes this subsection makes the new provisions of this
legislation retroactive. Under this subsection, the department would recalculate the sentences of
many of the offenders who have been committed to the department’s custody in that time frame.
In addition, many of those offenders have already completed their sentence and have been
discharged from custody. The department is unsure how to calculate a possible impact from
those fully discharged sentences. Therefore, this subsection could result in a significant
unknown fiscal impact to the department.
Section 558.031 requires that all parolees and conditional releases found in violation of parole or
conditional release have their community supervision revoked and returned to prison for the
remainder of their sentence.
During FY2022, there were 5,447 parolees and conditional releases who received field
violations. Of those 5,447, the average time to their maximum discharge date was 1.9 years. Of
the 5,447, 184 offenders had their parole or conditional release supervision revoked and stayed in
prison an average of 1.1 years following revocation, with an average time to the maximum
discharge date of 2.1 years. Assuming similar rates of revocations in future years, the
requirement for parolees and conditional releases who receive field violations to serve the
remainder of their sentence in prison is estimated to result in an increase of 10,092 offenders in
prison and a decrease of 10,092 offenders under field supervision by FY2025.
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
A
fter Legislation
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
4
46
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
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
0 0 0 0 0 0 0 0 0 0
P
rison
0 0 0 0 0 4
5
1
34
1
34
1
34
1
34
P
arole
0 0 0 0 0 -
45
-
134
-
134
-
134
-
134
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
0 0 0 0 0 4
5
1
34
1
34
1
34
1
34
F
ield Population
0 0 0 0 0 -
45
-
134
-
134
-
134
-
134
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 2573H.02I
Bill No. HB 1227
Page 5 of
April 26, 2023
DD:LR:OD
Section 566.030 requires that people found guilty of rape in the first degree serve 100% of their
sentence in prison.
In FY2022, there were 33 offenders sentenced to prison for rape in the first degree. The average
sentence length was 19 years, with an average of 13.1 years required to first release. The
proposed legislation would require these offenders to serve the full 19 years of their sentence, the
impact of which is beyond the ten-year time frame of this response.
Section 566.151 requires that people found guilty of enticement of a child or an attempt to
commit enticement of a child serve 100% of their sentence in prison.
In FY2022, there were 22 offenders sentenced to prison with an Enticement of a Child
conviction. The average sentence length for those offenses was 12 years, with an average of 5.8
years required prior to release. The proposed legislation would result in an additional 46
offenders in prison and 46 fewer offenders under field supervision by FY2033.
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
1
84
1
84
1
84
1
84
1
84
1
84
1
84
1
84
1
84
1
84
A
fter Legislation
5
,447
5
,447
5
,447
5
,447
5
,447
5
,447
5
,447
5
,447
5
,447
5
,447
P
arole and Conditional Release
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
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
0 0 0 0 0 0 0 0 0 0
P
rison
5
,263
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
P
arole
-
5,263
-
10,074
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
P
robations
0 0 0 0 0 0 0 0 0 0
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
5
,263
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
1
0,092
F
ield Population
-
5,263
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
-
10,092
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 2573H.02I
Bill No. HB 1227
Page 6 of
April 26, 2023
DD:LR:OD
Section 571.015 requires that people found guilty of armed criminal action serve at least 75% of
their sentence in prison for a first offense, at least 85% of their sentence for a second offense, and
100% of their sentence for any third and subsequent offense.
In FY2022, there were 355 offenders sentenced to prison with an Armed Criminal Action
conviction. The average sentence length for those offenses was 7 years, with an average of 3.2
years required prior to release. Under the proposed legislation, the years required prior to release
would increase to 5.9 years on average. The proposed legislation would result in an additional
639 offenders in prison and 639 fewer offenders under field supervision by FY2030.
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
A
fter Legislation
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
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
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
0 0 0 0 0 0 0 0 0 0
P
rison
0 0 0 0 0 0 0 2 2
4
4
6
P
arole
0 0 0 0 0 0 0 -
2
-
24
-
46
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
0 0 0 0 0 0 0 2 2
4
4
6
F
ield Population
0 0 0 0 0 0 0 -
2
-
24
-
46
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 2573H.02I
Bill No. HB 1227
Page 7 of
April 26, 2023
DD:LR:OD
Combined Estimated Cumulative Impact
The combined estimated cumulative impact on the department is 10,942 additional offenders in
prison and 10,941 fewer offenders on field supervision by FY 2033.
# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total
savings for
probation
and parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 15,562($31,921)($147,953,835)(109)$7,891,179(5,562)($140,062,656)Year 210,208($31,921)($332,366,559)(200)$17,558,924(10,208)($314,807,635)Year 310,060($31,921)($334,098,721)(197)$17,478,879(10,060)($316,619,842)Year 410,070($31,921)($341,119,443)(197)$17,664,590(10,070)($323,454,853)Year 510,232($31,921)($353,539,307)(200)$18,124,007(10,232)($335,415,300)Year 610,662($31,921)($375,764,740)(209)$19,141,115(10,662)($356,623,625)Year 710,853($31,921)($390,146,147)(212)$19,622,306(10,853)($370,523,841)Year 810,885($31,921)($399,122,420)(213)$19,924,902(10,885)($379,197,518)Year 910,914($31,921)($408,189,484)(214)$20,231,834(10,914)($387,957,650)Year 1010,942($31,921)($417,421,433)(214)$20,447,896(10,941)($396,973,537)
While the fiscal impact is unknown, should this legislation pass, the DOC would assume
full cost of incarceration of $31,921 per offender. This cost does not include construction
costs to increase institutional capacity, which may be necessary to accommodate the
possibility of this large number of offenders.
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
1
,073
1
,073
1
,073
1
,073
1
,073
1
,073
1
,073
1
,073
1
,073
1
,073
A
fter Legislation
6
,336
6
,336
6
,336
6
,336
6
,336
6
,336
6
,336
6
,336
6
,336
6
,336
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
5
263.0
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
5
,263
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
5
263
1
0,092
1
0,092
1
0,092
1
0,270
1
0,670
1
0,865
1
0,867
1
0,915
1
0,957
P
arole
-
5263
-
10,074
-
10,092
-
10,092
-
10,270
-
10,670
-
10,865
-
10,867
-
10,915
-
10,956
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
5
562
1
0,208
1
0,060
1
0,070
1
0,232
1
0,662
1
0,853
1
0,885
1
0,914
1
0,942
F
ield Population
-
5562
-
10,208
-
10,060
-
10,070
-
10,232
-
10,662
-
10,853
-
10,885
-
10,914
-
10,941
P
opulation Change
0 0 0 0 0 0 0 0 0 1 L.R. No. 2573H.02I
Bill No. HB 1227
Page 8 of
April 26, 2023
DD:LR:OD
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 $26.024 per day or an annual cost of $9,499 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 $87.46 per day or an
annual cost of $31,921 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.
Officials from the Missouri Department of Transportation, the Missouri Office of
Prosecution Services, and Office of the State Public Defender 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 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. L.R. No. 2573H.02I
Bill No. HB 1227
Page 9 of
April 26, 2023
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
GENERAL
REVENUE
Costs – DOC
(§§217.690,
558.011, 558.019,
558.031, 566.030,
566.151, and
571.015)Greater than…Greater than…Greater than…Greater than…
Personal service$4,482,952$9,969,400$9,917,965$11,551,078 Fringe benefits$3,092,890$6,878,124$6,842,667$7,969,372 Equipment and
expense$315,337$711,400$718,247$927,446
Increased
incarceration costs($147,953,835)($332,366,559)($334,098,721)($417,421,433)
Total costs - DOC($140,062,656)($314,807,635)($316,619,842)($396,973,537) FTE Change -
DOC(109) FTE(200) FTE(197) FTE(214) FTE
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE
Could exceed
($140,062,656)
Could exceed
($314,807,635)
Could exceed
($316,619,842)
Could exceed
($396,973,537)
Estimated Net
FTE Change for
the General
Revenue Fund(109) FTE(200) FTE(197) FTE(214) FTE
FISCAL IMPACT
– Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
$0$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 2573H.02I
Bill No. HB 1227
Page 10 of 11
April 26, 2023
DD:LR:OD
FISCAL DESCRIPTION
COURT-IMPOSED SENTENCES (Sections 217.690, 217.760, 558.011, 558.019, 558.031,
558.046, 559.125, 566.030, 566.151, and 571.015)
This bill specifies that the Parole Board has no authority to provide a hearing to an offender,
order the offender's release, or order the offender's parole until the offender has served the
minimum prison term imposed on the offender.
Currently, there is a tiered schedule for conditional release terms, and this bill changes it to no
more than 15% of the sentence of imprisonment. The bill also increases minimum prison terms
for offenders who have prior commitments to the Department of Corrections (DOC), and the
increases are as follows:
(1) For offenders who have had one previous commitment to DOC for a felony offense, 60%,
increased from 40%;
(2) For offenders who have had two previous commitments to DOC for felonies unrelated to the
present offense, 75%, increased from 50%; and
(3) For offenders who have had three or more commitments to DOC for felonies unrelated to the
present offense, 90%, increased from 80%.
The bill also repeals a provision that excludes certain offenders from being subject to the
minimum prison terms provided by the section.
Currently, individuals who are released from imprisonment and are on parole or conditional
release and who violate any conditions of their parole or release may be treated as parole
violators. This bill requires such individuals to be treated as parole violators. Additionally, the
bill requires the Parole Board to revoke such individuals' parole or conditional release, rather
than giving the Parole Board the option to do so. The bill also requires a person to serve at least
60% of his or her sentence prior to petitioning the sentencing court to reduce a term of sentence,
probation, parole, or conditional release.
The bill requires a person found guilty of rape in the first degree or attempt to commit rape in the
first degree, or enticement of a child or attempt to entice a child, to serve 100% of his or her
sentenced prior to such person being eligible for probation or conditional release. A person who
commits armed criminal action will not be eligible for parole, probation, conditional release, or
suspended imposition or execution of sentence until the person has served at least 75% of the
sentence imposed. A person who commits a second offense of armed criminal action will not be
eligible for parole, probation, conditional release, or suspended imposition or execution of
sentence until the person has served at least 85% of the sentence imposed. A person convicted of
a third or subsequent offense of armed criminal action shall not be eligible for parole, probation, L.R. No. 2573H.02I
Bill No. HB 1227
Page 11 of 11
April 26, 2023
DD:LR:OD
conditional release, or suspended imposition or execution of sentence until the person has served
100% of the sentence imposed.
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
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorApril 26, 2023April 26, 2023