COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0726H.01I Bill No.:HB 95 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:January 23, 2023Bill Summary:This proposal establishes the offense of mail theft.
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. 0726H.01I
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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$0$0 L.R. No. 0726H.01I
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FISCAL ANALYSIS
ASSUMPTION
§570.212 – Mail theft
Officials from the Department of Corrections (DOC) state this proposal establishes the offense
of mail theft. The bill makes it a class A misdemeanor for a first offense and a class E felony for
any second or subsequent offense. The misdemeanor offense does not fall under the purview of
DOC.
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.
# 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 L.R. No. 0726H.01I
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1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $87.46 per day or an
annual cost of $31,921 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated impact for fiscal note purposes.
Officials from the Office of the State Public Defender (SPD) state the creation of new offense
under section 570.212 would have an unknown fiscal impact on SPD. The creation of this new
offense 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.
In response to similar legislation from 2022 (HB 1637), officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no fiscal impact on MOPS and
no fiscal impact to prosecutors or the circuit attorney since this crime is already encompassed in
current stealing statute
Officials from the Department of Public Safety - Missouri Highway Patrol, the Office of
Administration, and the Office of the State Courts Administrator each assume the proposal
will have no fiscal impact on their respective organizations.
In response to similar legislation from 2022 (HB 1637), officials from the Attorney General’s
Office L.R. No. 0726H.01I
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Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these agencies.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUECost – DOC (§570.212) Increased
incarceration costs p. 3-4($7,916)($19,378)($19,766)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND($7,916)($19,378)($19,766)
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill creates the offense of mail theft, which a person commits if he or she purposefully takes
mail from another person's mailbox or premises without the consent of the addressee and with
intent to deprive the addressee of the mail. The offense of mail theft is a class A misdemeanor
for a first offense and a class E felony for a second or subsequent offense.
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. 0726H.01I
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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 Administration
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 23, 2023January 23, 2023