SB 0790 - Fiscal Note

Fiscal Note - SB 0790 - Prostitution Crimes & Procedure

L.R. NO.  2998-01
BILL NO.  SB 790
SUBJECT:  Crimes:  HIV Testing
TYPE:     Original
DATE:     March 18, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999

General Revenue          ($74,660)           ($92,316)         ($95,086)

Total Estimated
Net Effect on All
State Funds              ($74,660)           ($92,316)         ($95,086)

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999

None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1996             FY 1997           FY 1998

Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Health (DOH) assume the proposed legislation
would require mandatory HIV testing for all persons arrested for
prostitution.  Costs associated with HIV testing would include
transportation, pre and post test consultation (as required by law), the
blood draw, and analysis of the sample.  DOH reports there were 3,105 arrests
for prostitution in Missouri during the 1994 calendar year.  The proposal
does not address responsibility for the costs of the testing or assign them
to the person violating the law; therefore, it is assumed that the DOH would
be responsible for the costs incurred.

DOH assumes the vast majority of the arrests would continue to occur in the
Kansas City and  St. Louis areas and would require two additional FTE
contract staff ($36,275 per year) plus related laboratory costs in the
approximate amount of $35,000 annually.  The estimated cost per test to DOH
would be $5.50.  DOH has assumed the number of laboratory tests would be
doubled, as it would be necessary to notify associated persons of the
positive HIV test results and conduct additional testing.

Oversight assumes that the laboratory costs would be approximately $18,000
annually, as this cost should be based on the number of actual arrests (3,105
in calendar year 1994).  Although it could be necessary to notify associated
persons of positive test results, this is a cost that is currently assumed by
DOH and not required by this proposal.

Officials from the Office of the State Public Defender (SPD) assume that any
costs incurred as a result of the proposed legislation could be absorbed with
existing resources.  However, passage of more than one similar bill could
require the SPD to request increased appropriations to cover the cumulative
cost of representing the indigent accused.

Officials from the Department of Corrections (DOC) assume offenders charged
and convicted under the proposed legislation would likely receive fines,
probation, local jail sentences or community-based sanctions.  Any costs
incurred by the DOC could either be absorbed with existing appropriations or
could be requested through normal and customary budget means.

Officials from the Office of State Courts Administrator assume the proposed
legislation may cause an increase in the number of cases filed; however, they
would not expect that increase to have a significant impact on the workload
of the courts.

Officials from the Office of Prosecution Services and the Office of the
Attorney General assume this proposal would have no fiscal impact on their
respective budgets.


FISCAL IMPACT - State Government   FY 1997   FY 1998   FY 1999
                                  (10 Mo.)
GENERAL REVENUE FUND

Costs - Department of Health (DOH)
   Contract Staff (2 FTE staff)  ($60,434) ($74,726) ($76,968)
   Laboratory Costs             (  14,226)(  17,590)(  18,118)

Total Costs - DOH                ($74,660) ($92,316) ($95,086)

ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND             ($74,660) ($92,316) ($95,086)


FISCAL IMPACT  - Local Government  FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0

DESCRIPTION

The proposed legislation would create a new crime relating to prostitution
and would require HIV testing for a person arrested for prostitution.  The
court could also order a person convicted of prostitution to participate in a
drug and alcohol abuse program.  If the person successfully completes such
program, the court would reverse the guilty verdict against such person.

Additionally, a person who has tested positive for HIV, knows or should have
known of this positive test, and commits the crime of prostitution would be
guilty of a Class C felony.  A person who has been convicted three previous
times for prostitution and commits a fourth offense would be guilty of 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 Health
Office of the State Public Defender
Office of Prosecution Services
Office of State Courts Administrator
Department of Corrections
Office of the Attorney General