SB 0478 - Fiscal Note

Fiscal Note - SB 0478 - Allows probation & parole personnel to carry firearms at all times

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2491-03

BILL NO. Perfected SS for SB 478

SUBJECT: Firearms and Fireworks; Probation and Parole

TYPE: Original

DATE: April 13, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Department of Corrections (DOC) assume that this proposal would authorize probation and parole officers, supervisors and parole board members to carry firearms at all times. DOC staff assume the proposed expansion of Section 217.705 RSMo would create the potential of financial impact to the state by expanding the amount of time that the employee would be at risk for acts committed that could result in injury to themselves or others. Such acts are covered by the state legal defense fund as authorized in Section 105.711 RSMo.

DOC officials stated that there could be long-term implications as a result of this proposal. As the offender population grows, so will the need for additional probation and parole officers. This could increase the potential liability beyond that which currently exists.

In the 1997 regular session Truly Agreed To and Finally Passed HS for SS for SB 367 (1179-06t) gave the probation and parole officers, supervisors and members of the Board of Probation and Parole the authority to carry firearms while on duty. This proposal would allow those individuals to carry firearms at all times, not just while on duty. DOC officials did not anticipate costs for increased liability at the passage of TAFP HS for SS for SB 367. Oversight assumes that the increased liability issue would lay with the passage of the 1997 proposal and has therefore, not reflected any increased costs in this fiscal note.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal would allow probation and parole officers, supervisors and members of the Board of Probation and Parole to carry firearms at all times. Mere possession of a firearm would not constitute an employment activity for the purpose of calculating compensatory time or overtime.

This proposal would also prohibit the Department of Corrections from promulgating any rule, or instituting any regulation or policy that would limit the ability of probation and parole officers, supervisors and members of the Board from carrying firearms as authorized by Section 217.710, RSMo.

This proposal would require DOC to promulgate rules which govern the use of firearms by Probation and Parole personnel, by the authority and requirements in Chapter 536, RSMo.

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 Corrections

Jeanne Jarrett, CPA

Director

April 13, 1998