COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0695H.02P Bill No.:Perfected HCS for HB 301 Subject:Crimes and Punishment; Criminal Procedure; Firearms; Courts; Law Enforcement
Officers and Agencies; Attorneys; Saint Louis City; Governor and Lt. Governor
Type:Original Date:February 8, 2023Bill Summary:This proposal modifies and establishes provisions relating to public safety.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General
Revenue*
Could exceed
($3,415,925)
Could exceed
($4,162,440)
Could exceed
($5,108,812)
Could exceed
($7,664,562)
Total Estimated
Net Effect on
General
Revenue
Could exceed
($3,415,925)
Could exceed
($4,162,440)
Could exceed
($5,108,812)
Could exceed
($7,664,562)
*This fiscal impact assumes the Governor appoints a special prosecutor (plus the allowed 30
FTE positions) from §56.601 – this section has an emergency clause.
Numbers within parentheses: () indicate costs or losses. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 2 of
February 8, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Peace Officer
Basic Training
Tuition
Reimbursement*$0$0$0$0
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
*Transfers In and disbursements net to zero.
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on All
Federal Funds$0$0$0$0 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 3 of
February 8, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General RevenueUp to 28 FTEUp to 24 FTEUp to 19 FTEUp to 19 FTETotal Estimated
Net Effect on
FTEUp to 28 FTEUp to 24 FTEUp to 19 FTEUp to 19 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 2028)
Local
Government
Unknown to
(Unknown)
More or Less
than $1,263,600
More or Less
than $2,527,200
More or Less
than $5,054,400 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
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February 8, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
Oversight was unable to receive some of the agency responses in a timely manner due to the
short fiscal note request time. Oversight has presented this fiscal note on the best current
information that we have or on prior year information regarding a similar bill. Upon the receipt
of agency responses, Oversight will review to determine if an updated fiscal note should be
prepared and seek the necessary approval to publish a new fiscal note.
§301.3175 – Special license plate
In response to a previous version, officials from the Department of Revenue (DOR) assumed
the following regarding this proposal:
Administrative Impact
To implement the proposed legislation, the Department will be required to:
• Update procedures and the Department website;
• Update the Application for Missouri Personalized and Special License Plates (DOR-1716);
• Communicate with the Missouri Law Enforcement Memorial Foundation for any additional
developments of the license plate; and
• Complete programming and user acceptance testing for identified systems.
FY 2024 – Motor Vehicle Bureau
Associate Research Data Analyst 161 hrs. @ $19.91 per hr. = $3,206
Research Data Analyst 40 hrs. @ $24.84 per hr. = $994
Administrative Manager 20 hrs. @ $26.97 per hr. = $539
FY 2024 – Strategy and Communications Office
Associate Research Data Analyst 40 hrs. @ $19.91 per hr. = $796
Total Costs = $5,535
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these
activities; therefore, Oversight will not reflect the administrative costs DOR has indicated on the
fiscal note.
Plate manufacturing cost:
In response to a previous version, DOR stated they pay $3.90 per plate for manufacturing flat
plates through Missouri Vocational Enterprises (MVE). L.R. No. 0695H.02P
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February 8, 2023
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It is unknown how many applicants would continue to apply for these license plates. The
Department made 1,409 this year at a cost to the Department of $10,990, on average DOR keys
about 117 of these applications a month, currently.
Oversight assumes DOR is provided with core funding to handle a certain amount of activity
each year. Oversight assumes DOR could absorb the costs related to this proposal. If multiple
bills pass which require additional staffing and duties at substantial costs, DOR could request
funding through the appropriation process.
In response to a previous version, DOR noted OA-ITSD services will be required at a cost of
$40,528 in FY 2024 (426.61 hours x $95 per hour).
Oversight does not have any information to the contrary in regards to DOR’s assumptions;
therefore, Oversight will reflect DOR’s OA-ITSD costs on the fiscal note.
Revenue Impact
In response to a previous version, DOR noted this legislation will result in an increase in the $15
specialty plate reservation fees collected. It is unknown how significant of an increase this
legislation will have on the issuance of Back the Blue plates, but the increase should be minimal.
$15 specialty plate reservation fees are split 75-15-10 to Highways, Cities, and Counties.
Oversight notes if DOR processes approximately 117 applications for the “Back the Blue”
license plate per month, this would equate to approximately $21,060 per year (117 x $15 x 12
months). Oversight is not able to determine how many drivers that were not able to obtain the
plates due to vehicle weight restrictions will now apply for these specialty plates. Oversight
assumes the number of drivers with vehicles in this weight class that will now apply for the
“Back the Blue” plates will not be material; therefore, Oversight assumes the increase in revenue
from these specialty plates will be minimal.
Officials from the Missouri Department of Transportation 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 MoDOT.
§544.453 – Release of a defendant
Oversight assumes this proposal establishes certain provisions specific to setting bail and the
conditions of release in Missouri courts. Oversight is unclear on how the new provisions will be
implemented and if this will result in a savings or cost to local jails from an increase or decrease
in jail days. Therefore, Oversight will reflect a positive and negative unknown savings/costs to
local jail funds for this proposal. L.R. No. 0695H.02P
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February 8, 2023
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§§590.1070 and 590.1075 – Peace officer tuition reimbursement program
In response to a previous version, officials from the Office of Administration - Budget and
Planning (B&P) stated section 590.1070 and 590.1075 states that law enforcement officers who
attend a certified basic training course or agencies who cover the costs for officers to such
courses are eligible to receive a reimbursement for 25% of their tuition costs, up to $6,000 per
individual trainee. The Department of Public Safety has already received 305 applications for the
Missouri Blue Scholarship in FY 2023. Assuming similar participation rates, costs could range
from $1 million - $2 million. B&P has no data to estimate how many additional local law
enforcement agencies may participate in such a program.
Section 590.1070 and 590.1075 creates the Peace Officer Basic Training Reimbursement
Program and Peace Officer Basic Training Reimbursement Fund. To the extent that contributions
or other revenues are deposited into the fund, total state revenues may increase.
The portion reimbursing officers for basic training costs appears to duplicate the Missouri Blue
Scholarship program administered by the Department of Public Safety, with the primary
difference being that this bill would also reimburse law enforcement agencies who foot the bill
for basic training costs. It is also worth noting that this program would reimburse trainees up to
$6,000 (or 25%, whichever is less) per person rather than $5,000 per person with the Missouri
Blue Scholarship.
In response to a previous version, officials from the Department of Public Safety - Office of
the Director (DPS) stated the POST program will need one (1) Program Specialist to annually
confirm the employment of a specific peace officer to ensure they have stayed employed in
Missouri. The Program Specialist will then need to reimburse the correct individual/entity the
correct amount for that year’s reimbursement.
DPS states on October 28, 2022, the Missouri Department of Public Safety launched the $1
million “Missouri Blue Scholarship” fund to help attract more Missourians to law enforcement
careers and address officer shortages in law enforcement agencies across Missouri. Governor
Parson and the Missouri State Legislature approved funds for this scholarship. The Missouri
Blue Scholarship pays up to $5,000 toward the cost of a Missouri resident attending a law
enforcement academy. As of December 6, 2022, $381,853 in scholarship funds have been paid
to eligible applicants. This existing scholarship addresses the intent of the proposed legislation
without any additional administrative costs. DPS states this appropriation is on-going.
Oversight notes HB 3008 states that Missouri law enforcement agencies, both large and small,
continue to struggle to hire law enforcement officers. Simply put, there are not enough POST-
certified peace officers for the demand in this state. To attract qualified candidates into the law
enforcement profession, funds shall provide scholarships for individuals attending state of
Missouri licensed training centers and who are willing to commit to a Missouri law enforcement
agency for three years following their POST certification. According to DPS’s website, the L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
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$5,000 is available for each selected non-sponsored law enforcement academy recruit to help
cover the cost of attending a Missouri basic training academy. A non-sponsored law enforcement
academy recruit is defined as one whose tuition is not being paid by a law enforcement agency.
Recruits who attend an academy affiliated with a law enforcement agency and do not pay tuition
are not eligible for this scholarship.
Oversight notes to be eligible to receive tuition reimbursement for the Peace Officer Basic
training Tuition Reimbursement Program, a person shall be initially employed as a peace officer
on or after September 1, 2023, submit an initial application for tuition reimbursement needs, and
meet the criteria outlined in provisions of this bill to include employer verification of the
person’s employment as a full-time peace officer in this state for at least one year and the
person’s current employment as a peace officer in this state as of the date of the application.
Government entities can also receive tuition reimbursement under the provisions of this bill even
if the individual is no longer employed by the government entity as long as the individual for
whom tuition was paid is still continuously employed as a full-time peace officer.
The total amount of tuition reimbursement provided to an eligible person or government entity
with respect to an employee, shall not exceed $6,000 per person or employee. In order to
receive the full amount of tuition paid, reimbursements will be made over a four-year period of
continuous employment.
Oversight assumes reimbursement will be equal to the amount appropriated and the net effect
will be zero to all funds except General Revenue.
Oversight notes the Missouri Blue Scholarship and the Peace Office Basic Training Tuition
Reimbursement Program appear to be very similar. Therefore, because DPS did not require any
administrative costs to administer the scholarship, Oversight assumes DPS has sufficient staff
and resources to handle any increase in workload required under the provisions of this proposal.
Oversight assumes individuals and/or state and local agencies could utilize the tuition
reimbursement program or may use the Missouri Blue Scholarship; therefore, Oversight will
present DPS’ impact to the General Revenue Fund as $0 or up to the reimbursement cost over a
four-year period.
According to DPS’s budget submission, POST issued the following number of licenses per year:
CY 2018 1,146
CY 2019 1,149
CY 2020 991
CY 2021 987
This averages to roughly 1,068 licenses issued per year. However, also in the budget
submission, DPS later noted that the POST Program issues approximately 1,053 new peace
officer licenses every calendar year. For purposes of the fiscal note, Oversight will assume 1,053 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
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new peace officers each year will qualify for this program. Oversight will also assume all 1,053
of the new officers (or their hiring local political subdivision) paid $6,000 or more for their
training and 80% of the new licensees will remain full time peace officers after 1 year.
Therefore, with these assumptions, Oversight calculates the annual payments out of the fund for
each annual class would be 1,053 x 80% (still employed as full-time peace officers) x $6,000
(max tuition reimbursement) x 25% (reimbursement spread over 4 years) = $1,263,600.
Therefore, Oversight assumes a cumulative impact to General Revenue that will be fully
implemented in FY 2028 with four classes impacting the program (25% per year).
FY ‘24FY ‘25FY ‘26FY ‘27FY ‘281
st
year licensees$0$1,263,600$1,263,600$1,263,600$1,263,6002
nd
year licensees$0$0$1,263,600$1,263,600$1,263,6003
rd
year licensees$0$0$0 $1,263,600$1,263,6004
th
year licensees$0$0$0$0$1,263,600TOTAL$0$1,263,600$2,527,200$3,790,800$5,054,400
Officials from the Department of Natural Resources (DNR)
sends, on average, five (5) rangers per year for POST certification training. Cost of POST
training certification is approximately $4,500 per person per fiscal year. The reimbursement
based on a maximum of five (5) rangers at 25% reimbursement would be $5,625 per year at
maximum dependent on amount of cost of Post Certification remaining the same. Therefore,
there will be a cost avoidance of $5,625 to the Parks Sales Tax Fund for law enforcement
training. Oversight notes that the balance in the Parks Sales Tax Fund as of January 31, 2023
was $33,571,909.38 and will consider the savings de minimus and not show them in the fiscal
note.
In response to a previous version, officials from the St. Joseph Police Department assumed
there will be a positive fiscal impact as some trainees’ expenses through the academy are paid for
by the department.
In response to a previous version, officials from the Office of the Governor (GOV) stated this
bill adds to the Governor’s current load of appointment duties. Individually, additional
requirements should not fiscally impact the Office of the Governor. However, the cumulative
impact of additional appointment duties across all enacted legislation may require additional
resources for the Office of the Governor.
Oversight does not have any information contrary to that provided by GOV. Therefore,
Oversight will reflect GOV’s no impact for fiscal note purposes.
In response to a previous version, officials from the Joint Committee on Administrative Rules
assumed this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
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February 8, 2023
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In response to a previous version, officials from the Office of the Secretary of State (SOS)
noted many bills considered by the General Assembly include provisions allowing or requiring
agencies to submit rules and regulations to implement the act. The SOS is provided with core
funding to handle a certain amount of normal activity resulting from each year's legislative
session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than
$5,000. The SOS recognizes that this is a small amount and does not expect that additional
funding would be required to meet these costs. However, the SOS also recognizes that many
such bills may be passed by the General Assembly in a given year and that collectively the costs
may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves
the right to request funding for the cost of supporting administrative rules requirements should
the need arise based on a review of the finally approved bills signed by the governor.
In response to a previous version, officials from the Attorney General’s Office, the
Department of Elementary and Secondary Education, the Department of Health and Senior
ServicesDepartment of Public Safety – (Capitol Police and Missouri Highway Patrol),
the Missouri Department of Conservation, the Office of the State Courts Administrator, the
Office of the State Public Defender, the Kansas City Police Department, the St. Louis
County Police Department, and the Phelps County Sheriff’s Department assumed 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. Oversight does not have any information to the contrary. Therefore, Oversight
will reflect a zero impact in the fiscal note for these agencies.
House Amendment 1, AA
§56.601 – Special prosecutor
In response to a previous version, officials from the Attorney General’s Office (AGO) stated
they believe the cost of implementing section 56.601 may be higher than that originally
estimated by B&P. The AGO estimates the salary for an attorney to handle the types of cases
listed in section 56.601(2) should be closer to $85,000. Additionally, they estimate E&E
expenses for each employee to be $14,485. Therefore, for 31 employees, the AGO estimates
E&E expenses at $448,942.
Oversight assumes because the potential for a special prosecutor is speculative, Oversight will
reflect an impact of $0 (no special prosecutor required) or the impact estimated by the AGO to
the General Revenue Fund.
This section has an emergency clause. L.R. No. 0695H.02P
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Page 10 of 26
February 8, 2023
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§217.830 – Services for former inmates
Officials from the Department of Corrections (DOC) state the provisions of IDs are no impact.
Some of the additional requirements would require more staff time that the DOC is unable to
quantify at this time; therefore, this will have an unknown impact.
In response to a previous version, the DOC stated in FY 22, the DOC purchased 604 non-driver’s
license IDs to offenders at a cost of $18 per ID ($10,872). DOC has a core reallocation
submission in the FY 24 budget to address the cost of these services.
Oversight notes the provisions of this section state the DOC is to develop policies and
procedures outlining for offenders how to obtain a birth certificate, Social Security card, and
state identification prior to release. This amendment will now include how to apply for Medicaid.
Additionally, the DOC is to provide any educational or special training certificate to the offender
at the time he or she is released from custody.
Oversight assumes the DOC will be able to perform any additional duties required by this
proposal with current staff and resources and will reflect no fiscal impact to the DOC for fiscal
note purposes.
§558.019 – Minimum prison terms
DOC states table 1 includes the numbers used to estimate the potential impact of this proposal.
In FY 2022, there were 1,311 new prison commitments of offenders with no dangerous felony
sentence and one previous prison commitment. There were 136 prison commitments of offenders
with no dangerous felony sentence and two prior prison commitments. There were 84 prison
commitments of offenders with no dangerous felony sentence and three or more prior prison
commitments.
In all instances, it appears that the proposal would increase the proportion of total sentence that
these offenders would likely serve prior to first release. New commitments with one prior prison
P
rior Prison
C
ommitments
N
umber
A
ve.
S
entence
L
ength
(
Years)
A
ve. Stay
t
o First
R
elease
(
Years)
%
of
S
entence
N
umber
A
ve.
S
entence
L
ength
(
Years)
N
ew
A
ve. Stay
t
o First
R
elease
(
Years)
1 1
,050
6
.3
2
.2
3
3%
1
,311
6
.1
2
.4
2 1
15
5
.9
2 3
3%
1
36
6
.1
3
.5
3 5
1
5
.6
2
.2
3
9%
8
4
7
.1
5
.68
F
Y 2022 Releases of New Commitments
F
Y 2022 New Commitments
T
able 1. FY 2022 New Commitments and Releases of New Commitments with Prior Prison
C
ommitments and No Dangerous Felony Sentences L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
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February 8, 2023
DD:LR:OD
commitment would serve 40% of their sentence instead of 33% of their sentence prior to first
release. New commitments with two prior prison commitments would serve 50% of their
sentence instead of 33% of their sentence prior to first release. New commitments with three or
more prior prison commitments would serve 80% of their sentence instead of 39% of their
sentence prior to first release.
The two following tables show the immediate and long-term impact they estimate from the
change to prison terms in this proposal for offenders with one prior commitment starting prison
terms in FY 2024.
Assuming new commitments are the same as those in FY 2022, requiring 1,311 new
commitments who also have a prior commitment to serve 40% of their sentence prior to first
release will result in 131 more offenders with no dangerous felony sentence and one prior prison
commitment in prison by FY 2027.
Given a 5-year new commitment recidivism rate of 33%, DOC expects that, of those 1,311
offenders admitted with one prior commitment in FY 2024, 433 will return with a new
commitment in FY 2029. Those offenders will then be required to serve 50% of their sentence
prior to first release. Therefore, they expect an additional 303 offenders in prison by FY 2033.
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
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
A
fter Legislation
1
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
1
311
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 1
31
1
31
1
31
1
31
1
31
1
31
1
31
P
arole
0 0 0 -
131
-
131
-
131
-
131
-
131
-
131
-
131
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 1
31
1
31
1
31
1
31
1
31
1
31
1
31
F
ield Population
0 0 0 -
131
-
131
-
131
-
131
-
131
-
131
-
131
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 12 of 26
February 8, 2023
DD:LR:OD
The two following tables show the immediate and long-term impact DOC estimates from the
change to prison terms in this proposal for offenders with two prior commitments starting prison
terms in FY 2024.
Assuming new commitments are the same as those in FY 2022, requiring 136 new commitments
who also have two prior commitments to serve 50% of their sentence prior to first release will
result in 109 more offenders with no dangerous felony sentence and two prior prison
commitments in prison by FY 2028.
Given a 5-year new commitment recidivism rate of 33%, DOC expects that, of those 136
offenders admitted with two prior commitments in FY 2024, 45 will return with a new
commitment in FY 2029. Those offenders will then be required to serve 80% of their sentence
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
0 0 0 0 0 4
33
4
33
4
33
4
33
4
33
A
fter Legislation
0 0 0 0 0 4
33
4
33
4
33
4
33
4
33
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 0 2
60
3
03
P
arole
0 0 0 0 0 0 0 0 -
260
-
303
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 0 2
60
3
03
F
ield Population
0 0 0 0 0 0 0 0 -
260
-
303
P
opulation Change
0 0 0 0 0 0 0 0 0 0
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
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
A
fter Legislation
1
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
1
36
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 9
5
1
09
1
09
1
09
1
09
1
09
1
09
P
arole
0 0 0 -
95
-
109
-
95
-
82
-
82
-
82
-
82
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 9
5
1
09
1
09
1
09
1
09
1
09
1
09
F
ield Population
0 0 0 -
95
-
109
-
95
-
82
-
82
-
82
-
82
P
opulation Change
0 0 0 0 0 1
4
2
7
2
7
2
7
2
7 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 13 of 26
February 8, 2023
DD:LR:OD
prior to first release. Therefore, they expect an additional 76 offenders in prison by FY 2033. The
full impact from this group continues beyond the 10-year time frame of this response.
The two following tables show the immediate and long-term impact they estimate from the
change to prison terms in this proposal for offenders with three or more prior commitments
starting prison terms in FY 2024.
Assuming new commitments are the same as those in FY 2022, requiring 84 new commitments
who also have three or more prior commitments to serve 80% of their sentence prior to first
release will result in 235 more offenders with no dangerous felony sentence and two prior prison
commitments in prison by FY 2030.
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
0 0 0 0 0 4
5
4
5
4
5
4
5
4
5
A
fter Legislation
0 0 0 0 0 4
5
4
5
4
5
4
5
4
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
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 0 3
1
7
6
P
arole
0 0 0 0 0 0 0 0 -
31
-
76
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 0 3
1
7
6
F
ield Population
0 0 0 0 0 0 0 0 -
31
-
76
P
opulation Change
0 0 0 0 0 0 0 0 0 0 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 14 of 26
February 8, 2023
DD:LR:OD
Given a 5-year new commitment recidivism rate of 33%, DOC expects that, of those 84
offenders admitted with three or more prior commitments in FY 2024, 28 will return with a new
commitment in FY 2029. Those offenders will then be required to serve 80% of their sentence
prior to first release. Therefore, DOC expects an additional 19 offenders in prison by FY 2033.
The full impact from this group continues beyond the 10-year time frame of this response.
Combined Estimated Cumulative Impact from Changes to Section 558.019
DOC estimates this proposal will result in an additional 873 offenders with no dangerous felony
sentence and at least one prior prison commitment in prison by FY 2033, and that there is an
additional impact on the prison population beyond the ten-year time frame of this response.
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
0 0 0 0 0 2
8
2
8
2
8
2
8
2
8
A
fter Legislation
0 0 0 0 0 2
8
2
8
2
8
2
8
2
8
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 0 0 1
9
P
arole
0 0 0 0 0 0 0 0 0 -
19
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 0 0 1
9
F
ield Population
0 0 0 0 0 0 0 0 0 -
19
P
opulation Change
0 0 0 0 0 0 0 0 0 0
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
,531
1
,531
1
,531
1
,531
1
,531
2
,036
2
,036
2
,036
2
,036
2
,036
A
fter Legislation
1
,531
1
,531
1
,531
1
,531
1
,531
2
,036
2
,036
2
,036
2
,036
2
,036
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
P
rison
0 0 0 2
85
3
83
4
67
4
75
4
75
7
66
8
73
P
arole
0 0 0 -
285
-
383
-
419
-
331
-
322
-
613
-
720
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 2
85
3
83
4
67
4
75
4
75
7
66
8
73
F
ield Population
0 0 0 -
285
-
383
-
419
-
331
-
322
-
613
-
720
P
opulation Change
0 0 0 0 0 4
8
1
45
1
53
1
53
1
53 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 15 of 26
February 8, 2023
DD:LR:OD
Oversight notes DOC assumes a significant unknown fiscal impact beyond the ten-year time
frame of this response. Therefore, for fiscal note purposes, Oversight will present a negative
unknown fiscal impact to the General Revenue Fund.
§558.043 – Sentencing of a defendant
DOC states section 558.043 allows the courts to depart from the minimum prison terms for
certain cases. The DOC assumes a $0 to Unknown cost savings from this legislation change as it
is unknown how many cases the court will decide to depart from minimum prison terms.
Oversight assumes there will not be enough cases where the court departs from the applicable
statutory minimum sentence or minimum prison term required by section 558.019 to create a
material impact.
§571.031 – Blair’s Law
In response to similar legislation from 2023 (HB 109), officials from the Department of
Corrections (DOC) stated the areas already covered in statute for unlawfully discharging a
firearm include dwelling house, railroad train, boat, aircraft, motor vehicle, schoolhouses,
courthouses or church buildings. These locations cover many areas within a municipality. For
that reason, the additional instances which would fall within Blair’s Law is believed to have no
fiscal impact to the department.
In response to similar legislation from 2023 (HB 109), officials from the Office of the State
Public Defender (SPD) state the creation of Blair's Law under Section 571.031 will have an
unknown impact on SPD, as the additional number of cases which will require SPD
representation is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2023 (HB 109), officials from the Department of Public
Safety – (Missouri National Guard and Missouri Highway Patrol), the Missouri Department
of Conservation, the Office of the State Courts AdministratorCity of Kansas City
City of Springfield, the Kansas City Police Department, the St. Joseph Police Department,
the St. Louis County Police Department, and the Phelps County Sheriff’s Department
assumed the proposal will have no fiscal impact on their respective organizations. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 16 of 26
February 8, 2023
DD:LR:OD
In response to similar legislation from 2022 (HB 1568), officials from the Attorney General’s
Office (AGO) assumed 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.
§571.070 – Firearms
In response to similar legislation from 2023 (HB 55), officials from the Department of
Corrections (DOC) stated this section changes the offense of unlawful possession of a firearm
by allowing persons who have completed their sentence for a nonviolent felony to possess
firearms.
The bill intends to modify the offense of unlawful possession of firearms in order to allow people
convicted of a felony offense, other than a dangerous felony, to possess firearms once the terms
of their sentence(s) are complete.
The current proposal is to remove the possibility of a new felony conviction for the possession of
a firearm by someone who has no history of a dangerous felony offense and who completed the
terms of all-prior other types of felony sentences.
Operational Impact
In FY 2022, there were 22 new court commitments of offenders on unlawful firearm possession
sentences under Section 571.070 who had no other active sentences and no history of a
dangerous felony offense. Their average sentence length was 4.3 years.
In FY 2022, there were 16 offenders who were first released following new court commitments
on unlawful firearm possession sentences under Section 571.070 who had no other active
sentences at the time of their prison entry and who had no history of a dangerous felony offense.
The average sentence length was 4.5 years, and the average stay in prison prior to first release
was 1.2 years.
In FY 2022, there were 203 new probation cases opened for offenders with sentences for
unlawful firearm possession under section 571.070 who had no other active sentences and who
had no history of a dangerous felony offense. The average sentence length was 4.3 years.
Based on FY 2022, this bill could reduce new court commitments to prison by approximately 22
offenders per year and new probation cases by approximately 203 per year. The cumulative
impact of these changes is estimated to be approximately 48 fewer people in prison and 627
fewer people under field supervision by FY 2026. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 17 of 26
February 8, 2023
DD:LR:OD
# 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(22)($9,499)$174,148(3)$191,069(203)$365,217Year 2(44)($9,499)$426,315(7)$540,690(406)$967,005Year 3(48)($9,499)$474,372(12)$936,811(627)$1,411,183Year 4(48)($9,499)$483,860(12)$946,838(649)$1,430,698Year 5(48)($9,499)$493,537(12)$956,976(655)$1,450,513Year 6(48)($9,499)$503,408(12)$967,244(655)$1,470,652Year 7(48)($9,499)$513,476(12)$977,610(655)$1,491,086Year 8(48)($9,499)$523,746(12)$988,124(655)$1,511,870Year 9(48)($9,499)$534,220(12)$998,738(655)$1,532,958Year 10(48)($9,499)$544,905(12)$1,009,484(655)$1,554,389
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 55), officials from the Department of Public
Safety – Missouri Highway PatrolOffice of the State Courts Administrator, and the
Office of the State Public Defender 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 the above agencies. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 18 of 26
February 8, 2023
DD:LR:OD
§§575.095 and 578.710 – Disclosure of personal information
Officials from the Department of Corrections (DOC) state section 575.095 creates a new class
D felony for the offense of publicly posting the personal information of a judicial officer (or
immediate family) on the internet and a new class B felony if the violation results in death.
Section 578.710 creates a new class A misdemeanor for publicly posting the personal
information of an elected official (or immediate family). A new class D felony is created if the
violation of this section is done to influence the performance of the official’s official duties.
As these are new crimes, there is little direct data on which to base an estimate. As such, the
department estimates an impact comparable to the creation of a new class B and D felonies.
Operational Impact
The misdemeanor offense does not fall under the purview of DOC.
For each new nonviolent class D felony, the department estimates three people could be
sentenced to prison and five to probation. The average sentence for a nonviolent class D felony
offense is 5 years, of which, 2.8 years could be served in prison with 1.7 years to first release.
The remaining 2.2 years could be on parole. Probation sentences could be 3 years.
The cumulative impact on the department is estimated to be 17 additional offenders in prison and
31 additional offenders on field supervision by FY 2026.
Given the seriousness of class B felony offenses and that the introduction of a completely new
class B felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
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
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
C
umulative Populations
P
rison
6 1
2
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
P
arole
0 0 1 7 1
3
1
3
1
3
1
3
1
3
1
3
P
robation
1
0
2
0
3
0
3
0
3
0
3
0
3
0
3
0
3
0
3
0
I
mpact
P
rison Population
6 1
2
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
F
ield Population
1
0
2
0
3
1
3
7
4
3
4
3
4
3
4
3
4
3
4
3
P
opulation Change
1
6
3
2
4
8
5
4
6
0
6
0
6
0
6
0
6
0
6
0 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 19 of 26
February 8, 2023
DD:LR:OD
Offenders committed to prison with a class B felony as their most serious sentence, had an
average sentence length of 9.0 years and served, on average, 3.4 years in prison prior to first
release. The department assumes one third of the remaining sentence length could be served in
prison as a parole return, and the rest of the sentence could be served on supervision in the
community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
0 additional offenders on field supervision by FY 2028.
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 22 additional offenders in
prison and 43 additional offenders on field supervision by FY 2028.
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
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
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
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 20 of 26
February 8, 2023
DD:LR:OD
# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 17($9,499)($55,411)0$010($55,411)Year 214($9,499)($135,646)0$020($135,646)Year 320($9,499)($197,655)0$031($197,655)Year 421($9,499)($211,689)0$037($211,689)Year 522($9,499)($226,205)0$043($226,205)Year 622($9,499)($230,729)0$044($230,729)Year 722($9,499)($235,343)0$045($235,343)Year 822($9,499)($240,050)0$046($240,050)Year 922($9,499)($244,851)0$047($244,851)Year 1022($9,499)($249,748)0$047($249,748)
Oversight assumes the crime has a relatively small victim pool and, therefore, will have a
relatively small number of offenders. Therefore, Oversight will reflect a fiscal impact of “Less
than” DOC’s estimated impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 389), officials from the Office of the State
Public Defender (SPD) stated the creation of new offenses under section 575.095 and 578.710
would have an unknown fiscal impact on SPD. The creation of these new offenses would result
in an unknown number of additional cases eligible for SPD representation. L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 21 of 26
February 8, 2023
DD:LR:OD
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2023 (HB 389), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. Any significant changes will be reflected in future budget requests.
In response to similar legislation from 2023 (HB 389), officials from the Attorney General’s
OfficeDepartment of Commerce and Insurance, the Department of Public Safety –
Missouri Highway PatrolMissouri Senate, the Office of the GovernorOffice of the
Lieutenant Governor the Office of the State Auditor, the City of Kansas City, and the City
of Springfield 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.
§590.060 – Peace officer training
Oversight assumes this section will have no fiscal impact on state or local governments.
Bill as a Whole
Officials from the Missouri House of Representatives and the Missouri Office of Prosecution
Services
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. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 22 of 26
February 8, 2023
DD:LR:OD
FISCAL IMPACT –
State Government
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL
REVENUE
Savings – DOC
(§571.070)
(HA 1, AA)
Could
exceed…
Personal service$104,376$295,169$511,068$511,068 Fringe benefits$78,014$220,622$381,992$381,992 Equipment and
expense$8,679$24,899$43,751$43,751
Decreased
incarceration costs$174,148$426,315$474,372$474,372
Total savings - DOC$365,217$967,005$1,411,183$1,411,183 FTE Change - DOC(3) FTE(7) FTE(12) FTE(12) FTECost – Special
Prosecutor (§56.601)
(HA 1)$0 or…$0 or…$0 or…
Could
exceed…
Personal service($2,099,000)($2,140,980)($2,183,800)($2,183,800) Fringe benefits($1,187,016)($1,284,149)($1,300,169)($1,300,169) Equipment and
expense($399,187)($305,070)($311,171)($311,171)
Total Costs – SP($3,685,203)($3,730,199)($3,795,140)($3,795,140) FTE Change – SP Up to 31 FTEUp to 31 FTEUp to 31 FTEUp to 31 FTECosts – DOR
(§301.3175) OA-
ITSD services($40,528)$0$0$0
Costs – DOC
(§558.019) Minimum
prison terms (HA 1)(Unknown)(Unknown)(Unknown)(Unknown)
Cost – DOC p.
(§§575.095 and
578.710) Increased
incarceration costs
(HA 1, AA)
Less than
($55,411)
Less than
($135,646)
Less than
($197,655)
Less than
($226,205) L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 23 of 26
February 8, 2023
DD:LR:OD
FISCAL IMPACT –
State Government
(continued)
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL
REVENUE
(continued)
Transfer Out –
p. (§§590.1070 and
590.1075) To POST
Reimbursement Fund $0
Up to
($1,263,600)
Up to
($2,527,200)
Up to
($5,054,400)
ESTIMATED NET
EFFECT ON THE
GENERAL
REVENUE FUND
Could exceed
($3,415,925)
Could exceed
($4,162,440)
Could exceed
($5,108,812)
Could exceed
($7,664,562)
Estimated Net FTE
Change on the
General Revenue
FundUp to 28 FTEUp to 24 FTEUp to 19 FTEUp to 19 FTE
PEACE OFFICER
BASIC TRAINING
REIMBURSEMENT
FUND
Transfer In – p.
(§590.1070 and
590.1075) From
General Revenue$0
Up to
$1,263,600
Up to
$2,527,200
Up to
$5,054,400
Cost - (§590.1070 and
590.1075)
Reimbursement to
individuals or
departments for basic
law enforcement
training p. $0(Unknown)(Unknown)(Unknown) L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 24 of 26
February 8, 2023
DD:LR:OD
FISCAL IMPACT –
State Government
(continued)
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Transfer Out –
p. 11-13 (§590.1070
and 590.1075) Local
Political Subdivisions
(Police and Sheriff’s
Departments)$0
(Less than
$1,263,600)
(Less than
$2,527,200)
(Less than
$5,054,400)
ESTIMATED NET
EFFECT ON THE
PEACE OFFICER
BASIC TRAINING
TUITION
REIMBURSEMENT
FUND $0$0$0$0
FISCAL IMPACT –
Local Government
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
POLICE AND
SHERIFF’S
DEPARTMENTS
Transfer In – p.
(§590.1070 and
590.1075) From Peace
Officer Basic Training
Reimbursement Fund $0
Less than
$1,263,600
Less than
$2,527,200
Less than
$5,054,400
Savings/Cost –
(§544.453) p.
Implementing new
provisions relating to
setting bail or
conditions of release
Unknown to
(Unknown)
Unknown to
(Unknown)
Unknown to
(Unknown)
Unknown to
(Unknown) L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 25 of 26
February 8, 2023
DD:LR:OD
ESTIMATED NET
EFFECT ON
POLICE AND
SHERIFF’S
DEPARTMENTS
Unknown to
(Unknown)
More or
Less than
$1,263,600
More or
Less than
$2,527,200
More or
Less than
$5,054,400
FISCAL IMPACT – Small Business
This proposal could impact certain small businesses that provide training to law enforcement
agencies or departments.
FISCAL DESCRIPTION
This proposal modifies and establishes provisions relating to public safety.
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 Commerce and Insurance
Department of Corrections
Department of Elementary and Secondary Education
Department of Health and Senior Services
Department of Mental Health
Department of Natural Resources
Department of Public Safety
Department of Revenue
Department of Social Services
Joint Committee on Administrative Rules
Missouri Department of Conservation
Missouri Department of Transportation
Missouri House of Representatives
Missouri Office of Prosecution Services
Missouri Senate
Office of the Governor
Office of the Lieutenant Governor
Office of the Secretary of State
Office of the State Auditor
Office of the State Courts Administrator
Office of the State Public Defender L.R. No. 0695H.02P
Bill No. Perfected HCS for HB 301
Page 26 of 26
February 8, 2023
DD:LR:OD
City of Kansas City
City of Springfield
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 8, 2023February 8, 2023