COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0448H.01I Bill No.:HB 170 Subject:Prisons and Jails; Law Enforcement Officers and Agencies; Crimes and
Punishment
Type:Original Date:January 10, 2025Bill Summary:This proposal increases the prisoner reimbursement amount that the state is
required to pay to counties.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*$0 $0 to could exceed
($40,642,031)
$0 to could exceed
($40,642,031)
Total Estimated Net
Effect on General
Revenue
$0 $0 to could exceed
($40,642,031)
$0 to could exceed
($40,642,031)
*Oversight notes the current statutory daily maximum rate for reimbursement is up to $37.50 per
prisoner. The current actual appropriation level is set at $22.58 per prisoner per day. This
proposal raises the statutory daily maximum from $37.50 to a minimum of $40 starting on
July 1, 2026 (FY 2027). If the state moved from the current $22.58 per day to a minimum of $40
per day, this would result in an impact of at least $40,642,031 million per year in annual
General Revenue expenditures paid to local political subdivisions.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 0448H.01I
Bill No. HB 170
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January 10, 2025
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total 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 2026FY 2027FY 2028Local Government$0$0 to could exceed
$40,642,031
$0 to could exceed
$40,642,031 L.R. No. 0448H.01I
Bill No. HB 170
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January 10, 2025
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FISCAL ANALYSIS
ASSUMPTION
§221.105 – DOC reimbursements to counties
Officials from the Department of Corrections (DOC) state section 221.105 currently authorizes
a daily rate of reimbursement per offender. Should this amount change, it would be subject to
appropriation by the General Assembly. Therefore, the DOC assumes no impact.
Oversight notes, according to DOC’s FY 2025 Budget Request (HB 9), program expenditures
have totaled:
FY 2021 FY 2022 FY 2023
Actual expenditures $50,518,325 $40,837,093 $52,680,658
Additionally, the DOC stated in FY 2021, a one-time amount of $8,000,000 was appropriated to
cover arrearages; and in FY 2022 and FY 2023, arrearages were paid in full.
For FY 2024 and FY 2025, the DOC requested $50,627,544 for criminal case reimbursement.
Oversight notes if the per diem rate is increased from the current daily rate of $22.58 per day to a
minimum of $40 per day, this would equate to an impact of at least $40,642,031 per year
($52,680,658 / $22.58 x $40 - $52,680,658 = $40,642,031).
Oversight assumes, if this legislation is passed, the General Assembly may or may not
appropriate differently. Therefore, Oversight will reflect a ranged fiscal impact from $0 to a cost
difference from $22.58 to $40 per day. This would be a revenue increase to counties and the City
of St. Louis.
In response to similar legislation from 2024 (HCS HB 2079), officials from the St. Louis
Budget Division stated according to the Corrections Commissioner for the City of St. Louis, the
passage of this legislation would result in increased revenue to the City. The exact amount
cannot be determined at this time because the number of prisoners at the time the reimbursement
rate change goes into effect is unknown.
In response to similar legislation from 2024 (HB 2079), officials from Jackson County stated
passage of this proposed legislation would have a significant positive impact in Jackson
County. Jackson County currently spends almost $40 million dollars annually on housing of
detainees awaiting trial on state charges. Approximately 70% of these detainees eventually serve
time in state prisons upon conviction. Jackson County is also currently spending $301 million to
build a new 1,000 bed detention center which will open in 2026. An increase in the rate to
$60/day and full funding of that new rate could mean up to $1.8 million in additional state
resources to offset that annual $40 million cost. L.R. No. 0448H.01I
Bill No. HB 170
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January 10, 2025
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Officials from the Phelps County Sheriff’s Department assume the proposal will have no fiscal
impact on their organization.
FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECost – DOC (§221.105) Potential
increase in payments to counties and
the City of St. Louis – If payment/
appropriation rate is increased from
current $22.58 per day per prisoner to
the proposed minimum of $40 per day $0
$0 to could
exceed
($40,642,031)
$0 to could
exceed
($40,642,031)
ESTIMATED NET EFFECT ON
GENERAL REVENUE
$0
$0 to could
exceed
($40,642,031)
$0 to could
exceed
($40,642,031)
FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028COUNTIES AND CITY OF ST.
LOUIS
Revenue Increase – (§221.105)
Potential increase in payments to
counties and the City of St. Louis – If
payment/appropriation rate is increased
from current $22.58 per day per
prisoner to the proposed minimum of
$40 per day$0
$0 to could
exceed
$40,642,031
$0 to could
exceed
$40,642,031
ESTIMATED NET EFFECT ON
COUNTIES AND CITY OF ST.
LOUIS $0
$0 to could
exceed
$40,642,031
$0 to could
exceed
$40,642,031
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 0448H.01I
Bill No. HB 170
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January 10, 2025
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FISCAL DESCRIPTION
INCARCERATION COSTS (Section 221.105)
Currently, the State reimburses jails for the actual cost of incarceration of each prisoner up to
$37.50 per day per prisoner. This bill raises that amount to a minimum of $40 per day per
prisoner beginning on July 1, 2026.
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
St. Louis Budget Division
Jackson County
Phelps County Sheriff’s Department
Julie MorffJessica HarrisDirectorAssistant DirectorJanuary 10, 2025January 10, 2025