Fiscal Note - SB 0036 - The Minimum Jail Term For Driving With a Revoked License Shall Be 60 Days
L.R. NO. 0323-01
BILL NO. SB 36
SUBJECT: Driving with a Revoked License
TYPE: Original
DATE: January 20, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($44,244) ($48,090) ($49,314)
Total Estimated
Net Effect on All
State Funds ($44,244) ($48,090) ($49,314)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Governments ($885,080) to ($885,080) to ($885,080) to
(Unknown) (Unknown) (Unknown)
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator (CTS) assume the
proposed legislation would not result in a significant fiscal impact on the
workload of the courts. However, CTS assumes there would be a significant
impact on local jails. CTS reports that there were 436 convictions under
Section 302.321 for driving with a revoked license in FY 96.
Oversight assumes this proposal could require the State of Missouri to
reimburse local governments under the terms of Article X, Section 21 of the
Missouri Constitution. However, Oversight also notes that local governments
would have to sue the State of Missouri for reimbursement; therefore,
Oversight is attributing the costs for the additional jail time to local
governments. Under current law, the average sentence would be two days;
however, this proposal would require a mandatory jail term of sixty days for
each state conviction. Therefore, Oversight assumes this proposal would
result in an annual cost of $885,080 to local jails. (Average jail cost of
$35 daily x 436 state convictions x 58 days (the difference of proposed
60-day sentence less 2 days under current law) = $885,080.)
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation would have no fiscal impact on their agency. However, OPS
assumes the proposal could result in an unknown increase in the workload of
county prosecutors, as it could impact their ability to negotiate plea
bargains for charges of driving with a revoked license.
Officials from the Office of the State Public Defender (SPD) assume the
proposed legislation would result in an additional 52 trials annually, as
offenders would be less likely to accept the 60-day mandatory jail sentence.
SPD assumes they would require one FTE Assistant Public Defender ($32,256 per
year), plus fringe benefits, equipment, and operating expenses to carry out
the provisions of this proposal with an estimated cost of approximately
$48,000 annually.
Officials from the City of St. Louis - Budget Division assume the proposed
legislation would result in a mandatory 60-day jail sentence for 2,400
municipal convictions of driving with a revoked license each year. Assuming
a cost of $38 per day for each inmate incarcerated in the City of St. Louis,
they assume that this proposal would result in increased jail costs of
$5,472,000 annually.
Oversight assumes the proposal would only apply to state traffic offenses
charged under Section 302.321, as municipal traffic violations would be
charged under a municipal ordinance. Therefore, the City of St. Louis' local
costs would be limited to the cost of incarceration for the traffic offenses
charged under the state statute only.
Officials from the Office of the Attorney General, the Office of
Administration, the Department of Revenue, the Department of Corrections, the
Missouri Sheriffs' Association, and the Missouri Police Chiefs' Association
assume the proposal would have no fiscal impact on their agencies.
Officials from the Cole County Jail, the Boone County Jail, the Jackson
County Jail, the Greene County Jail, and the County of St. Louis - Budget
Division did not respond to our fiscal note request.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs - State Public Defender (SPD)
Personal Service (1 FTE) ($27,541) ($33,889) ($34,736)
Fringe Benefits (7,857) (9,669) (9,910)
Equipment and Expenses (8,846) (4,532) (4,668)
Total Costs - SPD ($44,244) ($48,090) ($49,314)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND ($44,244) ($48,090) ($49,314)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
LOCAL GOVERNMENTS
Cost - Local Jails ($885,080) ($885,080) ($885,080)
Cost - Local Prosecutors (Unknown) (Unknown) (Unknown)
($885,080) ($885,080) ($885,080)
ESTIMATED NET EFFECT to to to
ON LOCAL GOVERNMENTS (Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposal would require that any person who commits the crime of driving
with a revoked or suspended driver's license (and charged under the state
statute) would serve a minimum jail term of 60 days.
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 Prosecution Services
Office of the State Public Defender
City of St. Louis - Budget Division
Office of the Attorney General
Office of Administration
Department of Revenue
Department of Corrections
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
NOT RESPONDING: Cole County Jail, Boone County Jail, Jackson County Jail,
Greene County Jail, and St. Louis County - Budget Division.
This Fiscal Note is not an official copy and should not be quoted or cited.