COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2051S.02I Bill No.:SB 622 Subject:Crimes and Punishment Type:Original Date:March 21, 2025Bill Summary:This proposal increases the penalty for the offense of rioting. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General RevenueCould exceed ($8,737) Could exceed ($21,389) Could exceed ($21,817) Total Estimated Net Effect on General Revenue Could exceed ($8,737) Could exceed ($21,389) Could exceed ($21,817) 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. 2051S.02I Bill No. SB 622 Page 2 of March 21, 2025 DD:LR:OD 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$0 L.R. No. 2051S.02I Bill No. SB 622 Page 3 of March 21, 2025 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §574.050 – Rioting Officials from the Department of Corrections (DOC) state this proposal increases the penalty for the offense of rioting. Section 574.050 enhances the penalty for the offense of rioting from a class A misdemeanor to a class E felony. In FY 2024, there were 2 findings of guilt for rioting. For each new nonviolent class E felony, the department estimates one person could be sentenced to prison and two to probation. For the purposes of this review, we will assume one of the offenders would be sentenced to prison and one 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. C hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent) F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 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 1 1 1 1 1 1 1 1 1 1 C hange (After Legislation - Current Law) A dmissions 1 1 1 1 1 1 1 1 1 1 P robations 1 1 1 1 1 1 1 1 1 1 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 1 2 3 3 3 3 3 3 3 3 I mpact P rison Population 1 2 2 2 2 2 2 2 2 2 F ield Population 1 2 4 4 4 4 4 4 4 4 P opulation Change 2 4 6 6 6 6 6 6 6 6 L.R. No. 2051S.02I Bill No. SB 622 Page 4 of March 21, 2025 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 11($10,485)($8,737)0$02($8,737)Year 22($10,485)($21,389)0$04($21,389)Year 32($10,485)($21,817)0$07($21,817)Year 42($10,485)($22,254)0$07($22,254)Year 52($10,485)($22,699)0$07($22,699)Year 62($10,485)($23,153)0$07($23,153)Year 72($10,485)($23,616)0$07($23,616)Year 82($10,485)($24,088)0$07($24,088)Year 92($10,485)($24,570)0$07($24,570)Year 102($10,485)($25,061)0$07($25,061) 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 $28.73 per day or an annual cost of $10,485 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 $100.25 per day or an annual cost of $36,591 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. 2051S.02I Bill No. SB 622 Page 5 of March 21, 2025 DD:LR:OD 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. Oversight notes OSCA assumes this proposal may have some impact on their organization although it can’t be quantified at this time. As OSCA is unable to provide additional information regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to (Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the fiscal impact as presented in this fiscal note. If additional information is received, Oversight will review it to determine if an updated fiscal note should be prepared and seek approval to publish a new fiscal note. Officials from the Office of Attorney General (AGO) arising from this proposal can be absorbed with existing resources. The AGO may seek additional appropriations if the proposal results in a significant increase in litigation or investigation costs. 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 Department of Transportation, the Missouri National Guard, the Missouri Office of Prosecution Services, the Office of the State Public Defender, the Phelps County Sheriff’s Department, the Kansas City Police Department, and the St. Louis County Police Department 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 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. 2051S.02I Bill No. SB 622 Page 6 of March 21, 2025 DD:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028GENERAL REVENUECost – DOC (§574.050) Increased incarceration costs($8,737)($21,389)($21,817) Cost – OSCA (§574.050) Potential cost for the offense of rioting $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE Could exceed ($8,737) Could exceed ($21,389) Could exceed ($21,817) FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028$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 RIOTING (Section 574.050) This act modifies the penalty of the offense of rioting from a class A misdemeanor to a class E 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 Department of Transportation Missouri National Guard Missouri Office of Prosecution Services Office of the State Courts Administrator L.R. No. 2051S.02I Bill No. SB 622 Page 7 of March 21, 2025 DD:LR:OD Office of the State Public Defender Phelps County Sheriff’s Department Kansas City Police Department St. Louis County Police Department Julie MorffJessica HarrisDirectorAssistant DirectorMarch 21, 2025March 21, 2025