COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5876H.01I Bill No.:HB 2880 Subject:Children and Minors; Firearms; Courts; Juvenile Courts; Crimes and Punishment;
Criminal Procedure
Type:Original Date:April 17, 2024Bill Summary:This proposal modifies provisions relating to juvenile offenses.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027
General Revenue*
(Unknown, could
exceed $24,223)
(Unknown, could
exceed $59,297)
(Unknown, could
exceed $80,643)
Total Estimated Net
Effect on General
Revenue
(Unknown, could
exceed $24,223)
(Unknown, could
exceed $59,297)
(Unknown, could
exceed $80,643)
*Oversight will assume the fiscal impact will not reach the $250,000 threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 5876H.01I
Bill No. HB 2880
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April 17, 2024
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated
Net Effect on FTE000
☐ 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 2025FY 2026FY 2027Local Government$0$0$0 L.R. No. 5876H.01I
Bill No. HB 2880
Page 3 of
April 17, 2024
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FISCAL ANALYSIS
ASSUMPTION
§§211.031, 211.071, 211.321, 571.070 & 571.077 – Juvenile Offenses
Officials from the Department of Corrections (DOC) state this proposal adds language in
sections 211.031, 211.071, 211.321 and 571.070 that would allow for the treatment of juveniles
as adults given certain conditions surrounding the offenses on which they were convicted. While
these changes have the potential to increase the number of offenders supervised by the DOC,
DOC does not have information available on relevant past juvenile convictions that DOC would
need to estimate an impact, and therefore assumes an unknown impact to these changes.
The bill also creates section 571.077, which includes the definition of the offense of failure to
supervise a child in possession of a firearm and the associated class A misdemeanor and class E
felony penalties. As misdemeanors fall outside the purview of DOC, there is no expected impact
from that portion of the bill.
For each new nonviolent class D felony, the DOC 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 will be served in prison with 1.7 years to first release. The remaining
2.2 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the DOC is estimated to be 8 additional offenders in prison and 16
additional offenders on field supervision by FY 2027.
C
hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent)
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
3 3 3 3 3 3 3 3 3 3
P
robation
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
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0 L.R. No. 5876H.01I
Bill No. HB 2880
Page 4 of
April 17, 2024
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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 13($9,689)($24,223)0$05($24,223)Year 26($9,689)($59,297)0$010($59,297)Year 38($9,689)($80,643)0$016($80,643)Year 48($9,689)($82,256)0$019($82,256)Year 58($9,689)($83,901)0$022($83,901)Year 68($9,689)($85,580)0$022($85,580)Year 78($9,689)($87,291)0$022($87,291)Year 88($9,689)($89,037)0$022($89,037)Year 98($9,689)($90,818)0$022($90,818)Year 108($9,689)($92,634)0$022($92,634)
* 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. L.R. No. 5876H.01I
Bill No. HB 2880
Page 5 of
April 17, 2024
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Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by the DOC.
Officials from the Office of the State Public Defender (SPD) assume, per the recently released
National Public Defense Workload Study, the new charge contemplated by this change to
Section 571.077 would take approximately twenty-two hours of SPD work for reasonably
effective representation. If one hundred cases were filed under this section in a fiscal year,
representation would result in a need for an additional attorney. Because the number of cases that
will be filed under this statute is unknown, the exact additional number of attorneys necessary is
unknown. Each case would also result in unknown increased costs in the need for core staff,
travel and litigation expenses. However, if the charge was classified as a class D misdemeanor
no jail time would be authorized and the cases would not qualify for SPD representation.
Oversight assumes this proposal will not create the number of new cases required to request
additional FTE for the SPD 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.
Officials from the Missouri Office of Prosecution Services (MOPS) state there is no
measurable fiscal impact to MOPS. The enactment of a new crime [571.077] 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 Social Services, the Attorney General’s Office, the
Department of Public Safety (Office of the Director & Missouri Highway Patrol), the
Department of Elementary and Secondary Education, the Department of Mental Health,
the Phelps County Sheriff’s OfficeKansas City Police Department, the Branson Police
Department, the St. Louis County Police Department and the Joint Committee on
Administrative Rules 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.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local law enforcement agencies & school districts were requested to respond to
this proposed legislation but did not. A listing of political subdivisions included in the Missouri
Legislative Information System (MOLIS) database is available upon request. L.R. No. 5876H.01I
Bill No. HB 2880
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April 17, 2024
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FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUECost – DOC – increased incarceration
costs §§211.031, 211.071, 211.321,
571.070 & 571.077
(Unknown,
could exceed
$24,223)
(Unknown,
could exceed
$59,297)
(Unknown,
could exceed
$80,643)
ESTIMATED NET EFFECT ON
GENERAL REVENUE
(Unknown,
could exceed
$24,223)
(Unknown,
could exceed
$59,297)
(Unknown,
could exceed
$80,643)
FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027$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 specifies that the juvenile court will have concurrent jurisdiction with the circuit court
over any child who is alleged to have committed an offense that would be classified as a class B
felony or higher if committed by an adult.
The bill specifies that if a petition alleges that any child committed the offense of unlawful
possession of a firearm or any of the offenses listed in the bill if committed by an adult, or has
committed an offense in which the child used a firearm in the commission of the offense and
such offense would be considered a felony if committed by an adult, the court must order a
hearing.
This bill specifies that identifying information of a child may be released to the public if the
child escaped while in custody for an offense that would be considered a felony offense if
committed by an adult.
The bill specifies that a person commits unlawful possession of a firearm if such person
knowingly has any firearm in his or her possession and such person is under 18 and has been
adjudicated a delinquent for committing an offense that would be considered a felony offense if
committed by an adult. L.R. No. 5876H.01I
Bill No. HB 2880
Page 7 of
April 17, 2024
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This bill specifies that a person who is a parent or guardian of a child commits the offense of
failure to supervise a child in possession of a firearm if:
(1) The child has been adjudicated as a delinquent;
(2) The person knowingly sells, leases, loans, gives away, or delivers a firearm to the
child;
(3) The person knowingly fails to supervise the child; and
(4) The child uses the firearm in the commission of an offense or causes serious bodily
injury or death resulting from the use of the firearm.
Failure to supervise a child in possession of a firearm is a class A misdemeanor, unless that child
causes serious bodily injury or death resulting from use of the firearm, in which case the offense
is a class D 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
Department of Corrections
Office of the State Public Defender
Office of the State Courts Administrator
Attorney General’s Office
Department of Public Safety
Office of the Director
Missouri Highway Patrol
Department of Elementary and Secondary Education
Department of Mental Health
Department of Social Services
Missouri Office of Prosecution Services
Phelps County Sheriff’s Office
Kansas City Police Department
Branson Police Department
St. Louis County Police Department
Joint Committee on Administrative Rules
Julie MorffRoss StropeDirectorAssistant DirectorApril 17, 2024April 17, 2024