yep, it just doesn't consider it.
Would this need to be special case code like Horsery? It's an item only for 1 class, but we do have a single command and a level-based max (with one path specific difference). Or could this be added to modifiers.txt?
If we check KoLCharacter.mcdAvailable, it would be possible to add mind_control(0) and mind_control(level) for positive and negative cases, using the current level to determine how much boost you'd get. You wouldn't be able to tune it (e.g. set it to 5 if 10 was available), but it should be