COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3149-01

Bill No.:          HB 1308

Subject:           Courts; Law Enforcement Officers and Agencies

Type:              Original

Date:               February 1, 2008

Bill Summary:            The proposal lowers the average total inmate population required to allow a circuit court to appoint an extra circuit court marshal.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

☒ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☒ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from Mississippi County assume the proposal would have no fiscal impact on their county.

Officials from the Office of State Courts Administrator (CTS) assume under the new legislation, 5 additional circuits would be eligible to apply for a circuit court marshal: 13th, 14th, 25th, 33rd, and 45th. The highest average sheriff’s salary for these circuits is $56,932. 90% of the average highest sheriff’s salary is $51,239. Therefore, CTS assumes the approximate cost for the 5 FTE is $317,141.

Oversight assumes the proposal would allow, but not require, the appointment of a circuit court marshal. Therefore, Oversight has ranged the fiscal impact from $0 to approximately $300,000 in FY 09 and from $0 to approximately $400,000 in subsequent years.

Officials from Pike County assume they would incur costs of $29,000 in salary and $9,000 in benefits for the additional officer. Officials assume the total cost to be $38,000.

Oversight assumes Pike County would not incur salary or fringe benefit costs, as these costs would be paid by the state through the Office of State Courts Administrator.

Officials from the Randolph County assume they would save approximately $30,000 annually in salary and benefits for the deputy that now performs the security duties. Additionally, the deputy would be free to return to the sheriff’s office for assignment.

Oversight assumes the Randolph County deputy now performing security duties would be reassigned within the sheriff’s office if a circuit court marshal is appointed. Therefore, the fiscal note does not reflect a savings to Randolph County.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

The proposed legislation allows a circuit court to appoint an extra circuit court marshal if the average total inmate population in all facilities operated by the Department of Corrections located in the circuit is more than 1,500 during the previous two years. Currently, the court can appoint an extra marshal only when the total average inmate population over the two-year period is more than 2,500.

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

Mississippi County

Pike County

Randolph County

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                February 1, 2008