SB 0721 - Fiscal Note

Fiscal Note - SB 0721 - Revises registration of offenders requirements

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3167-02

BILL NO. SB 721

SUBJECT: Crimes & Punishment: Criminal Procedure

TYPE: Original

DATE: January 28, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Criminal Record System Fund	($48,384)	$0	$0
Total Estimated Net Effect on All State Funds	($48,384)	$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 5 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the State Courts Administrator would expect one ore more cases to explore the parameters of the law, but would not anticipate any appreciable increase in costs to the judiciary.

Officials of the Office of Prosecution Services, State Public Defender, Missouri Police Chiefs' Association and Missouri Sheriffs' Association assume there would be no fiscal impact to their agencies due to this proposal.

Officials of the Department of Public Safety - Missouri State Highway Patrol's (MSHP)

Information Systems Division (ISD) assumed that this proposal would cause the following changes to be made to the current sex offender registry: addition of suspended imposition of sentence, minor victims, and not guilty by mental defect as qualifying conditions for registration; changes of information required on an offender registration form developed by the MSHP; identification of registry as a persistent or predatory offender; requirements of the offender to register changes in address, phone number, name, etc.; and changes in the chief law enforcement official responsibilities regarding the maintenance of registry lists. In order to facilitate these changes, the existing registry would need to be changed. ISD officials estimated that 504 hours would be required to make those changes. Consulting services would be acquired at state contract prices, $96 per hour, to implement the changes in the registry.

MSHP's Criminal Records and Identification Division (CRID) stated that their division would be responsible for the reviewing of the sexual offender registration form to ascertain the age of the victim and supply any missing information needed to enter the subject into the sexual offender registry. With the increase in information needed and the increase in people that could be required to register, CRID would request two (2) FTE to maintain timely entering of data into the registry. This need was based on the time spent creating and maintaining the current workload associated with the sex offender registry.

Oversight assumes for purposes of this fiscal note that MSHP is currently required to maintain a Registration of Offenders (Megan's Law) according to Section 589.400 to 589.425. This proposal would make changes to the information required to be maintained on the current sex offender registry. MSHP indicated in their fiscal note response that there would be on-going consulting costs related to those changes. Oversight assumes that changes to the sex offender registry would be one-time costs to implement those changes. This proposal would not add any additional duties to the MSHP. It would change the information that MSHP would be required to enter/maintain. Oversight assumes entering the additional required data into the registry could cause the process to become slightly more protracted. Initially, some overtime costs for existing FTE could result from this proposal which are not reflected in this fiscal note; however,

ASSUMPTION (continued)

Oversight assumes that MSHP would not require new FTE as a result of this proposal. If this proposal resulted in a prolonged increase in workload, Oversight assumes this would be addressed through the normal budgetary process.

Officials of the Department of Corrections (DOC) stated that they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in this proposal. An increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons were sentenced to the custody of the DOC due to the provisions of this legislation, the DOC would incur a corresponding increase in operational costs either through incarceration (average $30.27 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $2.47 per offender, per day). Supervision by the DOC through probation or incarceration would result in some additional costs but DOC officials assume that the impact would be minimal.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
CRIMINAL RECORD SYSTEM FUND
Cost-Missouri State Highway Patrol
Consulting services	($48,384)	$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 concern the registration of certain offenders. It would: 1) repeal Section 566.617; 2) require persons who received a suspended imposition of sentence and persons found not guilty by reason of mental disease or defect to any of the listed crimes to register; and 3) require the registration of the convicted individual for certain enumerated crimes such as kidnapping, incest and promoting prostitution, if the victim was less than seventeen years of age.

The registration form would include whether the person had been sentenced as a persistent or predatory offender, and provide a brief description of the crime.

This proposal would repeal the provision that the chief law enforcement official would release information in the registration statement made by an offender found to be a predatory sexual offender. A registrant who changed address within the same county would be required to inform the chief law enforcement official in writing of the new address and phone number within

fourteen days. If a person moved to a new county, this proposal would require that both the chief law enforcement officials of the old and new counties be so notified. Any registrant who changed his/her name must inform the chief law enforcement official within seven days. Predatory

or persistent offenders, registrants for crimes having a victim of less than eighteen years of age, and persons who have pled or been found guilty of violating registration requirements would be required to contact the county law enforcement agencies every ninety days to verify the information contained in their statements.

The complete statements would not public record. The chief law enforcement official of the county would maintain a list of names and addresses of registrants, crimes for which they are registered, and brief descriptions of the crimes and photographs of the offenders. Any person could request the list, and any newspaper of general circulation in the county would be allowed to publish the list as a public notice.

Any person required to register who included false information in his statement, failed to register or failed to timely verify registration information when so required would be guilty of a Class A misdemeanor. A person who committed a second or subsequent violation 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 Public Safety - Missouri State Highway Patrol

State Courts Administrator

State Public Defender

Office of Prosecution Services

Missouri Sheriffs' Association

Missouri Police Chiefs' Association

Department of Corrections

Jeanne Jarrett, CPA

Director

January 28, 1998