COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0695S.04C Bill No.:SCS for HCS for HB 301 Subject:Crimes and Punishment; Attorneys; Courts; Firearms; Weapons; Cities, Towns, and Villages; Sexual Offenses; Victims of Crime; Law Enforcement Officers and Agencies; Department of Public Safety; Department of Corrections; Prisons and Jails; Probation and Parole Type:Original Date:March 30, 2023Bill Summary:This proposal modifies provisions relating to public safety. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) General Revenue* Greater than ($3,851,964) Greater than ($5,067,782) Greater than ($6,457,098) Greater than ($9,012,848) Total Estimated Net Effect on General Revenue Greater than ($3,851,964) Greater than ($5,067,782) Greater than ($6,457,098) Greater than ($9,012,848) *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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 2 of March 30, 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 3 of March 30, 2023 DD:LR:OD ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2028) General RevenueUp to 31 FTEUp to 31 FTEUp to 31 FTEUp to 31 FTETotal Estimated Net Effect on FTEUp to 31 FTEUp to 31 FTEUp to 31 FTEUp to 31 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 4 of March 30, 2023 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §56.601 – Special prosecutor Officials from the Attorney General’s Office (AGO) state 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 $449,035. Oversight notes this proposal states the special prosecutor shall be paid the same salary as an associate circuit court judge. According to Office of the State Courts Administrator’s (OSCA) Judicial Statutory Salaries for FY 2023, an associate circuit court judge’s salary is $150,035. 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. §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. 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. §301.3175 – Special license plate Officials from the Department of Revenue (DOR) assume the following regarding this proposal: L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 5 of March 30, 2023 DD:LR:OD 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). 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. L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 6 of March 30, 2023 DD:LR:OD 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. §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. §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. 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 7 of March 30, 2023 DD:LR:OD 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 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 DOC estimates 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 8 of March 30, 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 9 of March 30, 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 10 of 22 March 30, 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 11 of 22 March 30, 2023 DD:LR:OD Oversight notes DOC assumes a significant unknown fiscal impact beyond the ten-year time frame of this response. However, for fiscal note purposes, Oversight will present a significant negative unknown fiscal impact to the General Revenue Fund beginning in FY2028. §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) stated 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 Missouri Department of Conservation 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. §§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. L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 12 of 22 March 30, 2023 DD:LR:OD 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. 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. 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 13 of 22 March 30, 2023 DD:LR:OD Combined Operational 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. Combined Estimated Cumulative Impact of 0695-04 for DOC The combined cumulative impact of the changes proposed in this bill are estimated to be approximately 895 more people in prison and 673 fewer people under field supervision by FY 2033, with additional impact beyond the 10-year time frame covered in 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 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. 0695S.04C Bill No. SCS for HCS for HB 301 Page 14 of 22 March 30, 2023 DD:LR:OD 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 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. 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. Officials from the Office of State Courts Administrator (OSCA) state 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 Office of the Lieutenant Governor Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. 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 ,538 1 ,538 1 ,538 1 ,538 1 ,538 2 ,043 2 ,043 2 ,043 2 ,043 2 ,043 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 7 7 7 7 7 7 7 7 7 7 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 7 1 4 2 0 3 06 4 05 4 89 4 97 4 97 7 88 8 95 P arole 0 0 1 - 278 - 370 - 405 - 316 - 306 - 596 - 703 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 7 1 4 2 0 3 06 4 05 4 89 4 97 4 97 7 88 8 95 F ield Population 1 0 2 0 3 1 - 248 - 340 - 375 - 286 - 276 - 566 - 673 P opulation Change 1 7 3 4 5 1 5 8 6 5 1 14 2 11 2 21 2 22 2 22 L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 15 of 22 March 30, 2023 DD:LR:OD §590.060 – Peace officer training Officials from the Department of Public Safety - Office of the Director will have no fiscal impact on their organization. §§590.1070 and 590.1075 – Peace officer tuition reimbursement program DPS states 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 $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. L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 16 of 22 March 30, 2023 DD:LR:OD 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 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). L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 17 of 22 March 30, 2023 DD:LR:OD 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. Officials from the Office of the Governor (GOV) state 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. Officials from the Joint Committee on Administrative Rules assume this proposal is not anticipated to cause a fiscal impact beyond its current appropriation. Officials from the Office of the Secretary of State (SOS) note 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. Officials from the Branson Police Department impact on their organization. However, Oversight notes they provided no information explaining the potential fiscal impact this proposal would have on their organization. Therefore, L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 18 of 22 March 30, 2023 DD:LR:OD for fiscal note purposes, Oversight assumes any fiscal impact incurred by this police department would be absorbable within current funding levels. In response to a previous version, officials from the Department of Public Safety – Capitol Police and the Missouri Department of Conservation 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. Bill as a Whole Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will have no measurable fiscal impact on MOPS. The enactment of new crimes (571.031 and 578.710) creates additional responsibilities for county prosecutors and the circuit attorney which may, in turn, result in additional costs, which are difficult to determine. Officials from the Department of Commerce and Insurance, the Department of Elementary and Secondary Education, the Department of Health and Senior Services, the Department of Public Safety - Missouri Highway Patrol, the Department of Social Services, the Missouri Department of Transportation, the Missouri House of Representatives the Missouri National Guard, the Missouri Senate, the Office of the State Auditor, the City of Kansas City, the 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 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. L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 19 of 22 March 30, 2023 DD:LR:OD FISCAL IMPACT – State Government FY 2024FY 2025FY 2026Fully Implemented (FY 2028) GENERAL REVENUE Cost – Special p. 4 Prosecutor (§56.601)$0 or…$0 or…$0 or… Could exceed… Personal service($2,055,035)($2,096,136)($2,138,058)($2,138,058) Fringe benefits($1,251,955)($1,267,330)($1,283,014)($1,283,014) Equipment and expense($449,035)($305,070)($311,171)($311,171) Total Costs – SP($3,756,025)($3,668,536)($3,732,243)($3,732,243) FTE Change – SP Up to 31 FTEUp to 31 FTEUp to 31 FTEUp to 31 FTECosts – DOR (§301.3175) OA- ITSD services p. 5-6($40,528)$0$0$0 Costs – DOC (§558.019) Minimum prison terms p. 6-11(Unknown)(Unknown)(Unknown) Significant (Unknown) Cost – DOC p. 12-16 (§§575.095 and 578.710) Increased incarceration costs Less than ($55,411) Less than ($135,646) Less than ($197,655) Less than ($226,205) Transfer Out-p. 16-18 (§§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 Greater than ($3,851,964) Greater than ($5,067,782) Greater than ($6,457,098) Greater than ($9,012,848) Estimated Net FTE Change on the General Revenue FundUp to 31 FTEUp to 31 FTEUp to 31 FTEUp to 31 FTE L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 20 of 22 March 30, 2023 DD:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2028) PEACE OFFICER BASIC TRAINING REIMBURSEMENT FUND Transfer In – (§590.1070 and 590.1075) From General Revenue p. 16-18$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. 16-18$0(Unknown)(Unknown)(Unknown) Transfer Out – (§590.1070 and 590.1075) Local Political Subdivisions (Police and Sheriff’s Departments) p. 16-18$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 L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 21 of 22 March 30, 2023 DD:LR:OD 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 p. 16-18 $0 Less than $1,263,600 Less than $2,527,200 Less than $5,054,400 Savings/Cost – (§544.453) Implementing new provisions relating to setting bail or conditions of release p. 6 Unknown to (Unknown) Unknown to (Unknown) Unknown to (Unknown) Unknown to (Unknown) 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. The proposal may require additional capital improvements or rental space for the Special Prosecutor’s Office in St. Louis. The Peace Officer Basic Training Tuition Reimbursement Program may duplicate an existing program - Missouri Blue Scholarship. L.R. No. 0695S.04C Bill No. SCS for HCS for HB 301 Page 22 of 22 March 30, 2023 DD:LR:OD 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 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 National Guard 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 City of Kansas City City of Springfield 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 30, 2023March 30, 2023