COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0104H.01I Bill No.:HB 86 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:January 4, 2023Bill Summary:This proposal modifies the offense of tampering with electronic monitoring
equipment.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue($7,916)($19,378)($19,766)Total Estimated Net
Effect on General
Revenue ($7,916)($19,378)($19,766)
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. 0104H.01I
Bill No. HB 86
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 0104H.01I
Bill No. HB 86
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January 4, 2023
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FISCAL ANALYSIS
ASSUMPTION
§575.205 – Electronic monitoring equipment
Officials from the Department of Corrections (DOC) state section 575.205 is modified to
include failing to charge or otherwise attempting to disable an electronic monitoring device in
the list of actions considered as an offense of tampering with electronic monitoring equipment
and specifies that offense as a class E felony.
Since this is a new offense, the department will use a standard class E felony response. For each
new nonviolent class E felony, the department estimates one person could be sentenced to prison
and two to probation. The average sentence for a nonviolent class E felony offense is 3.4 years,
of which 2.1 years will be served in prison with 1.4 years to first release. The remaining 1.3
years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 2 additional offenders in prison and
7 additional offenders on field supervision by FY 2026.
C
hange in prison admissions and probation openings with legislation-Class E 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
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
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 0104H.01I
Bill No. HB 86
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# 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 11($9,499)($7,916)0$02($7,916)Year 22($9,499)($19,378)0$04($19,378)Year 32($9,499)($19,766)0$07($19,766)Year 42($9,499)($20,161)0$07($20,161)Year 52($9,499)($20,564)0$07($20,564)Year 62($9,499)($20,975)0$07($20,975)Year 72($9,499)($21,395)0$07($21,395)Year 82($9,499)($21,823)0$07($21,823)Year 92($9,499)($22,259)0$07($22,259)Year 102($9,499)($22,704)0$07($22,704)
If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries.
If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $26.024 per day or an annual cost of $9,499 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $87.46 per day or an
annual cost of $31,921 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s impact for fiscal note purposes. L.R. No. 0104H.01I
Bill No. HB 86
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Officials from the Office of the State Public Defender (SPD) state the expansion of offenses
under section 575.205 will have an unknown impact on SPD. The additional number of cases
that would 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.
Officials from the Department of Public Safety - Missouri Highway Patrol, the Missouri
Office of Prosecution Services, the Office of the State Courts Administrator, the Kansas
City Police Department, the St. Joseph Police DepartmentPhelps County Sheriff’s
Department assume the proposal will have no fiscal impact on their organization.
Officials from the St. Louis County Police Department estimate if the department received 100
cases annually, it would require two hours of booking, two hours of report writing and warrant
application, and one hour of warrant application review for each case. Therefore, at five hours
per case, with an average hourly pay of $46, each case would total $230 (5 x $46). This equates
to approximately $23,000 annually.
Oversight notes the estimated cost for the St. Louis County Police Department; however,
Oversight is unable to project a statewide cost for police and sheriff's departments for an
additional crime; therefore, the impact to local governments will be presented as $0 (can be
absorbed) to an Unknown amount.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local law enforcement were requested to respond to this proposed legislation but
did not. A listing of political subdivisions included in the MOLIS database is available upon
request.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUECost – DOC (§575.205) Increased
incarceration costs($7,916)($19,378)($19,766)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND($7,916)($19,378)($19,766) L.R. No. 0104H.01I
Bill No. HB 86
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FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026POLICE AND SHERIFF’S
DEPARTMENTS
Cost - (§575.205) Increased labor hours
to process cases
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
POLICE AND SHERIFF’S
DEPARTMENTS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill adds to the offense of tampering with electronic monitoring equipment, failure to charge
or otherwise disable the electronic monitoring equipment. The bill specifies that the offense of
tampering with electronic monitoring equipment when a person fails to charge or otherwise
disables the equipment is a class E felony, unless the offense for which the person was placed on
electronic monitoring was a misdemeanor, in which case it is a class A misdemeanor.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 0104H.01I
Bill No. HB 86
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January 4, 2023
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SOURCES OF INFORMATION
Attorney General’s Office
Department of Corrections
Department of Public Safety – Missouri Highway Patrol
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 4, 2023January 4, 2023