SB 0922 - Fiscal Note

Fiscal Note - SB 0922 - Bail Bond Requirement For Certain Persons Charged

L.R. NO.  3479-01
BILL NO.  SB 922
SUBJECT:  Bail Bonds
TYPE:     Original
DATE:     March 5, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

None

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


                   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 1997         FY 1998         FY 1999

Local Government          (Unknown)       (Unknown)       (Unknown)


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposed
legislation would not have an appreciable impact on the workload or the
budget of the courts; however, they reported that there could be an impact on
local jail populations.

Officials from the Office of the State Public Defender (SPD) assume that
existing staff would be able to provide representation for the anticipated 20
to 30 new cases that might arise where accused persons could not make bond.
SPD assumes that if 10% bonds are eliminated for persons charged with a
felony who have failed to appear in the past, that the SPD would experience a
slightly larger caseload.  SPD reports that the passage of more than one
similar proposal could require them to request increased appropriations to
cover the cumulative cost of representing the indigent accused.

Officials from the Office of Administration - Division of Accounting, the
Missouri Police Chiefs' Association, and the Missouri Sheriffs' Association
assume this proposal would not have a fiscal impact on their respective
agencies.

Oversight assumes the proposed legislation could have a fiscal impact on the
Office of Administration - Division of Accounting (COA).  COA administers the
criminal bill of cost program, which reimburses counties for persons
incarcerated in local jails on state charges before being transferred to the
state penitentiary.  COA reimburses the counties at a per diem rate of $17
per day; therefore, there could be increased costs associated with this
proposal.  Since these reimbursements only apply to persons charged with
state crimes, Oversight assumes that the costs incurred could be absorbed
with existing resources or requested through normal and customary budget
means.

Officials from the Cole County Sheriff's Department, the Jackson County
Sheriff's Department, and the Greene County Sheriff's Department did not
respond to our fiscal note request.

Oversight assumes that the restrictions placed on 10% bond postings as a
result of this proposal could have a fiscal impact on local jails.  This
proposal would require that persons charged with a felony or previously
required to post a bond now must execute a bail bond or post the entire
amount of the bond, rather than the reduced amount allowed under current law.
Oversight assumes that fewer persons would be able to make bail, which would
result in larger local jail populations.  The fiscal impact on local funds is
unknown.


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

                                          $0         $0         $0


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

Cost - Political Subdivisions
   Increased Jail Populations      (Unknown)  (Unknown)  (Unknown)

ESTIMATED NET EFFECT
ON COUNTY BUDGETS                  (Unknown)  (Unknown)  (Unknown)


DESCRIPTION

The proposed legislation would require certain persons who are charged with a
bailable offense to execute a bail bond with sufficient solvent sureties or
deposit cash in lieu of the bail bond, when the judge decides that a bond is
necessary.  This proposal would apply to the following persons:  1)  persons
charged with a felony; 2) persons previously required to post a bail bond or
cash; 3) persons previously required to post a bond and failed to appear; and
4) persons against whom a warrant is pending for another charge or probation
or parole violation.  Currently, the decision to require a bond is
discretionary with the judge.

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

Office of State Courts Administrator
Office of the State Public Defender
Office of Administration - Division of Accounting
Missouri Police Chiefs' Association
Missouri Sheriffs' Association

NOT RESPONDING:  Cole County Sheriff's Department, Jackson County Sheriff's
Department, and Greene County Sheriff's Department.