COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2710H.01I Bill No.:HB 1367 Subject:Courts, Juvenile; Crimes and Punishment; Criminal Procedure Type:Original Date:March 22, 2023Bill Summary:This proposal modifies provisions relating to the certification of a juvenile for trial as an adult. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown)Total Estimated Net Effect on General Revenue*$0 or (Unknown)$0 or (Unknown)$0 or (Unknown) *Oversight assumes this proposal would not reach the $250,000 threshold in any fiscal year. 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. 2710H.01I Bill No. HB 1367 Page 2 of March 22, 2023 NM: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. 2710H.01I Bill No. HB 1367 Page 3 of March 22, 2023 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Corrections (DOC) assume this proposal modifies provisions relating to the certification of juveniles for trial as adults. The proposed legislation does not provide any new penalties or offenses, but increases the likelihood that a juvenile could be transferred to a court of general jurisdiction and sentenced there under section 211.071. It is unknown how many juveniles will be transferred to a court of general jurisdiction; therefore, the DOC will have to assume an unknown fiscal impact. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by the DOC. Officials from the Department of Social Services, the Attorney General’s Office, the Missouri Highway PatrolMissouri Office of Prosecution Services and the Office 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. Oversight notes the following information regarding the number of juveniles who were certified to adult court for the last 5 years: FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUECost – DOC – potential increase in juveniles transferred to a court of general jurisdiction and sentenced under §211.071 $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE $0 or (Unknown) $0 or (Unknown) $0 or (Unknown) 2 021 2 020 2 019 2 018 2 017 5 yr. Avg. C ertified to Adult Court 3 6 3 2 4 8 4 1 6 0 4 3 S ource: Table 56 of OSCA's Annual Report Supplement J UVENILE CASES DISPOSED BY DISPOSITION L.R. No. 2710H.01I Bill No. HB 1367 Page 4 of March 22, 2023 NM:LR:OD 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 Currently, there are certain offenses for which a court may, in its discretion, order a hearing to determine whether a juvenile should be certified to be tried as an adult and certain offenses for which a court is required to order such a hearing. This bill adds the offenses of vehicle hijacking, stealing a motor vehicle, and armed criminal action to the list of offenses for which a court must order such a hearing. 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 Attorney General’s Office Department of Social Services Missouri Highway Patrol Missouri Office of Prosecution Services Office of the State Public Defender Julie MorffRoss StropeDirectorAssistant DirectorMarch 22, 2023March 22, 2023