HB 1423

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1423
     BY REPRESENTATIVE(S) Brown and Taggart, Sirota, Bacon,
     Boesenecker, Clifford, Duran, Espenoza, Flanell, Froelich, Jackson,
     Mabrey, Nguyen, Ricks, Rutinel, Rydin, Weinberg, McCluskie;
     also SENATOR(S) Amabile and Bridges, Kirkmeyer, Benavidez, Cutter,
     Gonzales J., Jodeh, Kipp, Marchman, Wallace, Weissman, Coleman.
     CONCERNING REQUIRING THE DEPARTMENT OF PUBLIC SAFETY TO SUBMIT A
          COMMUNITY CORRECTIONS BUDGET IN ITS ANNUAL BUDGET REQUEST.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 17-27-102, amend the
     introductory portion; and add (3.7), (6.3), and (6.7) as follows:
             17-27-102. Definitions.
             As used in this article 27, UNLESS THE CONTEXT OTHERWISE
     REQUIRES:
           (3.7) "DISTRIBUTION OF OFFENDER POPULATIONS" MEANS THE TOTAL
     NUMBER OFFENDERS IN, AND THE TOTAL NUMBER OF OFFENDERS APPROVED
     FOR PLACEMENT IN, A COMMUNITY CORRECTIONS PROGRAM, BY JUDICIAL
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
DISTRICT.
      (6.3) "PROGRAM AVAILABILITY" MEANS THE NUMBER OF AVAILABLE
COMMUNITY CORRECTIONS BEDS AND A COMMUNITY CORRECTIONS
PROGRAMS' FINANCIAL VIABILITY WHEN CONSIDERING THE STATE'S
REIMBURSEMENT RATE AND OTHER STATE AND NONSTATE SOURCES OF
REVENUE.
      (6.7) "PROJECTED NEED" MEANS THE DIVISION OF CRIMINAL JUSTICE
IN THE DEPARTMENT OF PUBLIC SAFETY'S BEST ESTIMATE OF THE FUTURE
DISTRIBUTION OF OFFENDER POPULATIONS IN COMMUNITY CORRECTIONS, BY
JUDICIAL DISTRICT AND PLACEMENT TYPE, BASED ON:
      (a) CORRECTIONAL POPULATION PROJECTIONS PROVIDED PURSUANT
TO SECTION 24-33.5-503 (1)(m);
      (b) THE NUMBER OF INMATES EXPECTED TO BE ELIGIBLE FOR A
REFERRAL TO COMMUNITY CORRECTIONS UNDER EXISTING LAW;
      (c) THE NUMBER OF OFFENDERS UNDER THE DEPARTMENT OF
CORRECTIONS' SUPERVISION AND THE NUMBER OF OFFENDERS REFERRED
FROM THE COURTS WHO ARE EXPECTED TO BE ACCEPTED INTO COMMUNITY
CORRECTIONS PROGRAMS; AND
     (d) THE DIVISION OF CRIMINAL JUSTICE'S KNOWLEDGE OF EXPECTED
CHANGES IN PROGRAM CAPACITY AND AVAILABILITY.
      SECTION 2. In Colorado Revised Statutes, 17-27-108, add (8) as
follows:
       17-27-108. Division of criminal justice in the department of
public safety - duties - community corrections contracts - audit - report.
      (8) (a) THE DEPARTMENT OF PUBLIC SAFETY SHALL INCLUDE A
BUDGET REQUEST FOR COMMUNITY CORRECTIONS PROGRAMS AND SERVICES
IN ITS BUDGET REQUEST SUBMITTED PURSUANT TO SECTION 2-3-208 TO THE
JOINT BUDGET COMMITTEE. THE DEPARTMENT SHALL INCLUDE THE
FOLLOWING INFORMATION IN ITS BUDGET REQUEST:
      (I) THE PROJECTED NEED IN THE NEXT FISCAL YEAR, INCLUDING ANY
PAGE 2-HOUSE BILL 26-1423
CHANGES FROM CURRENT LEVELS OF NEED, FOR ALL PLACEMENT TYPES;
      (II) A SUMMARY OF THE FACTORS DRIVING THE PROJECTED NEED;
      (III) AN EXPLANATION OF HOW THE REQUESTED APPROPRIATION IN
THE BUDGET REQUEST AND THE PROJECTED ALLOCATION RELATE TO THE
PROJECTED NEED. THE EXPLANATION MUST INCLUDE ANY IDENTIFIED
DIFFERENCES BETWEEN THE DISTRIBUTION OF OFFENDER POPULATIONS,
PROGRAM AVAILABILITY, AND PROJECTED NEED AMONG JUDICIAL DISTRICTS.
      (IV) AN EXPLANATION OF PLANNED OR REQUESTED CHANGES IN PER
DIEM REIMBURSEMENT RATES RELATIVE TO THE CURRENT FISCAL YEAR; AND
      (V) THE PROJECTED ALLOCATION OF THE REQUESTED APPROPRIATION
FOR COMMUNITY CORRECTIONS PLACEMENTS, BY JUDICIAL DISTRICT. THE
PROJECTED ALLOCATION MUST INCLUDE:
      (A) THE EXPECTED NUMBER OF STANDARD RESIDENTIAL BEDS AND
THE EXPECTED PER DIEM REIMBURSEMENT RATE FOR THOSE BEDS, BY
COMMUNITY CORRECTIONS PROGRAM, PAID OUT OF THE GENERAL FUND;
     (B) THE EXPECTED NUMBER OF NONRESIDENTIAL SLOTS AND THE
EXPECTED PER DIEM REIMBURSEMENT RATE FOR THOSE SLOTS, BY
COMMUNITY CORRECTIONS PROGRAM, PAID OUT OF THE GENERAL FUND;
      (C) IF APPLICABLE, FIXED PAYMENTS FOR PROGRAMS THAT ARE
INDEPENDENT OF THE NUMBER OF OFFENDERS IN A COMMUNITY
CORRECTIONS PROGRAM, PAID OUT OF THE GENERAL FUND;
     (D) THE EXPECTED NUMBER OF SPECIALIZED BEDS, BY TYPE, AND
THE EXPECTED PER DIEM RATE FOR THOSE BEDS, BY COMMUNITY
CORRECTIONS PROGRAM, PAID OUT OF THE GENERAL FUND;
      (E) THE EXPECTED NUMBER OF SPECIALIZED BEDS, BY TYPE, AND THE
EXPECTED PER DIEM RATE FOR THOSE BEDS, BY COMMUNITY CORRECTIONS
PROGRAM, PAID OUT OF NON-GENERAL FUND SOURCES, INCLUDING THE
CORRECTIONAL TREATMENT CASH FUND CREATED IN SECTION 18-19-103;
      (F) THE PROJECTED ALLOCATION OF FUNDS FOR COMMUNITY
CORRECTIONS BOARDS;
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     (G) ANY OTHER PROJECTED ALLOCATION OF APPROPRIATIONS NOT
RELATED TO SUBSECTIONS (8)(a)(V)(A) TO (8)(a)(V)(F) OF THIS SECTION.
       (b) BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR
THEREAFTER, THE DEPARTMENT OF PUBLIC SAFETY SHALL INCLUDE, AS PART
OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY
SECTION 2-7-203, INFORMATION REGARDING ANY IDENTIFIED DIFFERENCES
BETWEEN THE CURRENT DISTRIBUTION OF OFFENDER POPULATIONS,
PROGRAM AVAILABILITY, AND PROJECTED NEED.
       SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-HOUSE BILL 26-1423
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 26-1423