This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0658 - Chain Gangs
L.R. NO. 2544-01
BILL NO. SB 658
SUBJECT: Department of Corrections: Labor
TYPE: Original
DATE: January 15, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
General Revenue (Less than (Less than (Less than
$100,000) $100,000) $100,000)
Total Estimated
Net Effect on All (Less than (Less than (Less than
State Funds $100,000) $100,000) $100,000)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Office of the Attorney General assume this proposal would
not fiscally impact their agency.
Officials of the Department of Corrections (DOC) assume that this proposal in
part duplicates Section 217.337 RSMo which states that "all general
population offenders shall be expected to adhere to a schedule of activities
of work and rehabilitative programs as prescribed for the offender by the
department. This schedule of activities may include, but shall not be
limited to: 1) Academic education programs; 2) Vocational training
programs; 3) Treatment programs; and 4) Employment". At present, the
Department of Corrections employs all general population inmates by the least
expensive means to the taxpayers of Missouri. Those inmates who are eligible
to work outside the facility (low-risk offenders) work full-time in the
community without chains. All other offenders (high security inmates) work
within the facility because they do not meet the eligibility criteria for
community work. Therefore, all offenders currently work the greatest
possible number of hours at the lowest cost to taxpayers, while ensuring the
safety of Missouri's citizens.
The requirement in this legislation for inmates participating in these types
of work programs to wear shackles and chains does not duplicate existing
programs. Several state agencies along with numerous counties and
municipalities statewide utilize DOC inmates to augment their operations. If
the department were to implement provisions of this legislation as
authorized, such as the use of shackles and chains on inmates working in the
community, DOC officials feel the productivity of the inmates providing
assistance to these organizations would be reduced.
Oversight contacted officials of the Alabama Department of Corrections who
stated that they have implemented their chain gang program with minimal
associated costs. They currently have 600 inmates working on chain gangs in
their state, and have implemented the program with existing FTE. Oversight
also contacted officials of the Florida Department of Corrections who stated
that they currently have 140 inmates working on chain gangs, and have
implemented their program with existing FTE.
Officials of DOC assume that 25% (4,360 offenders) of the incarcerated
population, excluding inmates assigned to the intake assessment process,
would be assigned to a work program outside the confinement of an
institution. DOC assumes they would need 2 correctional officers for each
ten man inmate crew. In addition one Sergeant is needed for every three
crews for the purposes of responding to emergencies, and for transporting
injured or sick inmates and inmates who are disciplinary problems. They
would also require 436 vans and 145 sedans for the transport and supervision
of inmates work crews. Total cost of the proposal for FY 97 would be
$60,432,176; for FY 98 $45,917,740; and for FY 99 $47,065,739.
Oversight assumes that additional FTE and equipment would not be required by
DOC since this legislation allows for, but does not require DOC to create
inmate work crews. Oversight bases this assumption on the fact that other
states have implemented this program using existing resources, and given the
fact that 946 offenders currently work full-time in the public sector that
DOC will have very few additional inmates (if any) that will be assigned to
work crews. Oversight further assumes that since the language of the
proposal is permissive that the cost to DOC from this proposal should be
minimal and should not exceed $100,000.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
GENERAL REVENUE FUND
Cost - Department of Corrections
Inmate Work Crews (Less than (Less than (Less than
$100,000) $100,000) $100,000)
ESTIMATED NET EFFECT ON Expected to cost less
GENERAL REVENUE FUND than ($100,000) per fiscal year
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
0 0 0
DESCRIPTION
This proposal would authorize the Department of Corrections to institute work
programs for offenders. The rules for this program would allow for shackles
and chains to be used on the offenders involved, and to require that such
offenders wear distinctive uniforms.
Certain offenders would not be allowed to participate in programs developed
pursuant to this proposal. These are offenders who have been convicted of:
1) first degree murder; 2) first degree assault; 3) forcible rape; and 4)
forcible sodomy. No work performed by an offender under this proposal would
be considered employment for purposes of unemployment compensation or
workers' compensation benefits.
This legislation is not federally mandated, and would not require additional
capital improvements or rental space.
SOURCES OF INFORMATION
Department of Corrections
Office of the Attorney General
Florida Department of Corrections
Alabama Department of Corrections
NOT RESPONDING: Department of Labor & Industrial Relations