COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4349H.01I Bill No.:HB 1544 Subject:Crimes and Punishment; Criminal Procedure; Drugs and Controlled Substances Type:Original Date:January 8, 2024Bill Summary:This proposal establishes the offenses of delivery of a controlled substance
causing great bodily harm and delivery of a controlled substance causing
death.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
General RevenueLess than
($40,371)
Less than
($98,828)
Less than
($151,207)
Less than
($289,481)
Total Estimated
Net Effect on
General
Revenue
Less than
($40,371)
Less than
($98,828)
Less than
($151,207)
Less than
($289,481)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4349H.01I
Bill No. HB 1544
Page 2 of
January 8, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
FTE 000$0
☒ 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 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Local
Government$0$0$0$0 L.R. No. 4349H.01I
Bill No. HB 1544
Page 3 of
January 8, 2024
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§579.021 and 579.022 – Delivery of controlled substance
Officials from the Department of Corrections (DOC) state this proposal establishes the
offenses of delivery of a controlled substance causing great bodily harm and delivery of a
controlled substance causing death.
Section 579.021 is created to include penalty provisions for the offense of delivering a controlled
substance causing great bodily harm. These actions are considered a class C felony offense.
Section 579.022 is created to include penalty provisions for the offense of delivering a controlled
substance causing death. These actions are considered a class A felony offense.
For each new class C felony, the department estimates four people will be sentenced to prison
and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on
parole. Probation sentences will be 3 years.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A 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 A felony have an average sentence length of 17.1
years and serve, on average, 12.3 years in prison prior to first release. The department assumes
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
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
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6 L.R. No. 4349H.01I
Bill No. HB 1544
Page 4 of
January 8, 2024
DD:LR:OD
one third of the remaining sentence length will be served in prison as a parole return, and the rest
of the sentence will be served on supervision in the community.
The sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2034 is 10 additional offenders in prison.
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 25 additional offenders in
prison and 31 additional offenders on field supervision by FY 2034.
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
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 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
P
robation
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
C
hange (After Legislation - Current Law)
A
dmissions
5 5 5 5 5 5 5 5 5 5
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
5 1
0
1
5
1
9
2
0
2
1
2
2
2
3
2
4
2
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
5 1
0
1
5
1
9
2
0
2
1
2
2
2
3
2
4
2
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
1
2
2
3
3
3
8
4
3
4
8
5
3
5
4
5
5
5
6 L.R. No. 4349H.01I
Bill No. HB 1544
Page 5 of
January 8, 2024
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 15($9,689)($40,371)0$06($40,371)Year 210($9,689)($98,828)0$012($98,828)Year 315($9,689)($151,207)0$018($151,207)Year 419($9,689)($195,359)0$019($195,359)Year 520($9,689)($209,754)0$023($209,754)Year 621($9,689)($224,646)0$027($224,646)Year 722($9,689)($240,051)0$031($240,051)Year 823($9,689)($255,981)0$031($255,981)Year 924($9,689)($272,453)0$031($272,453)Year 1025($9,689)($289,481)0$031($289,481)
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 $26.545 per day or an annual cost of $9,689 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 $99.90 per day or an
annual cost of $36,464 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 assumes other provisions in statutes are relatively similar and could already be
charged; therefore, Oversight will reflect the fiscal impact as “less than” DOC’s estimated
impact for fiscal note purposes. L.R. No. 4349H.01I
Bill No. HB 1544
Page 6 of
January 8, 2024
DD:LR:OD
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing personnel and resources. However, the
AGO may seek additional appropriations if there is a significant increase in litigation or
investigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO 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 AGO for fiscal note purposes.
Officials from the Department of Public Safety - Missouri Highway Patrol, the Missouri
Office of Prosecution Services, the Office of the State Courts Administrator, and the Office
of the State Public Defender each assume 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.
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
GENERAL
REVENUE
Cost – (§§579.021
and 579.022)
Increased
incarceration costs
Less than
($40,371)
Less than
($98,828)
Less than
($151,207)
Less than
($289,481)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE
Less than
($40,371)
Less than
($98,828)
Less than
($151,207)
Less than
($289,481)
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
$0$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 4349H.01I
Bill No. HB 1544
Page 7 of
January 8, 2024
DD:LR:OD
FISCAL DESCRIPTION
This bill creates the offense of delivery of a controlled substance causing great bodily harm,
which a person commits if he or she delivers or distributes a controlled substance and great
bodily harm results from the use of the controlled substance. Such offense is a class C felony.
The bill also creates the offense of delivery of a controlled substance causing a death, which a
person commits if he or she delivers or distributes a controlled substance and a death results from
the use of the controlled substance. Such offense is a class A felony.
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 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
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 8, 2024January 8, 2024