SB 0298 - Fiscal Note

Fiscal Note - SB 0298 - Allows court to order payment of designated amount into crime reduction fund as condition of probation

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 1273-01

BILL NO.: SB 298

SUBJECT: Payments to Crime Reduction Fund

TYPE: #Updated

DATE: #February 23, 1999

#Updated to reflect new Oversight assumptions.

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
#None
Total Estimated Net Effect on All State Funds#	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government#	Unknown	Unknown	Unknown

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Missouri Sheriffs' Association assume this proposal would have no fiscal impact to their agency.

Officials of the Department of Corrections (DOC) assume this proposal, if enacted, would expand the definition of probation in that a judge could impose on an offender as a condition of probation to make a donation of a designated amount to a County Law Enforcement Fund. If additional persons were revoked from probation for failing to donate money and were sentenced to the custody of the DOC due to the provisions of this proposal the DOC would incur a corresponding increase in operational costs either through incarceration (average $35.00 per inmate, per day). Collection of court-ordered fees and restitution is currently a duty of probation officers. If probation officers are required to coordinate collection efforts with county personnel, this added condition could require an increase of staff time. DOC officials were unable to estimate the fiscal impact, but assume that the impact would be minimal.

The need for additional capital improvements or rental space is not anticipated at this time. It must be noted that the cumulative effect of various new legislation, if adopted, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.

Officials of the State Courts Administrator (CTS) assume this proposal would authorize "donations" to county law enforcement funds as a condition of probation. CTS officials would expect one or more test cases to explore the parameters of the law.

Assuming local sheriffs would be responsible for collecting and accounting for the "donations" and the resulting coordination with Probation and Parole, CTS officials assume there should not be a significant workload impact on the judiciary, unless there were to be an increase in probation revocation hearings.

If there were a significant increase in probation revocation hearings, CTS staff stated there would be a corresponding increase in the workload and budget of the judiciary.

#Oversight assumes for purposes of this fiscal note that any payment designated by the court would be made prior to the individual receiving probation. Therefore, there would not be any increase in probation revocation hearings or instances of revoked probation due to nonpayment.

Oversight further assumes there could be unknown revenues to counties as a result of this proposal.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
#	0	0	0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
Income - Crime Reduction Funds
donations#	Unknown	Unknown	Unknown
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This act allows courts to grant probation upon a condition of payment of a designated amount to a crime reduction fund of the prosecuting governmental subdivision.

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

Missouri Sheriffs' Association

Department of Corrections

State Courts Administrator

Jeanne Jarrett, CPA

Director

#February 23, 1999