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January 28, 2022 HB 22-1063
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0013
Rep. Amabile; Benavidez
Date:
Bill Status:
Fiscal Analyst:
January 28, 2022
House Judiciary
Aaron Carpenter | 303-866-4918
Aaron.Carpenter@state.co.us
Bill Topic: JAIL STANDARDS COMMISSION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill establishes the Colorado Jail Standards Commission to establish statewide
standards for Colorado’s jails and requires the Department of Public Safety to enforce
these standards. Starting in FY 2022-23, the bill increases state expenditures.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $605,227 to the Department of
Public Safety.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 22-1063
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures General Fund $605,227 $887,120
Centrally Appropriated - $163,762
Total Expenditures $605,227 $1,050,882
Total FTE 2.0 FTE 9.6 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $90,784 $133,068
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January 28, 2022 HB 22-1063
Summary of Legislation
The bill establishes the Jail Standards Commission and delays implementation of section 1 of
House Bill 21-1211, as described below.
Jail Standards Commission. The bill establishes the 20-member Jail Standards Commission in the
Department of Public Safety. The commission is charged with developing standards for the operation
of jails in the following areas:
reception and release;
classification of inmates;
security;
housing;
sanitation and environmental conditions;
communication;
visitation;
health care, mental and behavioral health care, and dental care;
restrictive housing;
inmate grievances;
jail staffing; and
inmate prerogatives.
The commission must establish timelines for implementation of the standards based on county jail
size and must adopt initial standards by July 31, 2023. The commission must establish standards
regarding the oversight and compliance of standards, including biennial compliance inspections of
each jail, a complaint and investigation process, and possible sanctions for noncompliance. It must
evaluate the effectiveness of the standards and make any needed changes. The commission repeals
on September 1, 2029, after a sunset review.
House Bill 21-1211. The bill delays the implementation of section 1 of House Bill 21-1211 by 6 months
(from July 1, 2022 to January 1, 2023). Section 1 of House Bill 21-1211 restricts the use of involuntary
placement in restrictive housing in jails and requires jails to use an adequate screening tool to complete
health screening during admission.
State Expenditures
The bill increases state expenditures in the DPS by $605,227 in FY 2022-23 and $1.1 million in
FY 2023-24, paid from the General Fund. Expenditures are shown in Table 2 and detailed below.
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January 28, 2022 HB 22-1063
Table 2
Expenditures Under HB 22-1063
FY 2022-23 FY 2023-24
Department of Public Safety
Personal Services - $753,321
Operating Expenses - $14,175
Capital Outlay Costs - $65,100
Legal Services $354,852 -
Board Facilitator $50,375 -
IT Modifications $200,000 $10,000
Travel/Printing/Training costs $44,524
Centrally Appropriated Costs
1
- $163,762
FTE – Personal Services - 9.6 FTE
FTE – Legal Services 2.0 FTE -
Total Cost $605,227 $1,050,882
Total FTE 2.0 FTE 9.6 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Safety. The DPS will have costs to support the Jail Standards Commission in
FY 2022-23, and to inspect and enforce jail standard starting in FY 2023-24, as outlined below.
Facilitator costs. In FY 2022-23 only, expenditures in the DPS will increase to hire a facilitator and
consultant to assist in the duties of the Jail Standards Commission. The fiscal note assumes that
there will be about 78 days of work at an assumed rate of $650 per day.
IT modifications. In FY 2022-23, costs in the DPS will increase to create a new data management
system to manage jail compliance to the standards. The work will be done by a contractor and is
estimated to cost $200,000 based on similar data systems within the department. In the out-years,
it is estimated that expenditures will increase by $10,000 per year to maintain the system.
Legal Services. In FY 2022-23 only, costs within the DPS will increase to receive legal advice from
the Department of Law to promulgate rules based on the recommendations of the standards
board. Because the bill outlines a number of different standards, it is estimated that 3,600 legal
hours, or 2.0 legal FTE is needed at the standard rate of $98.57 per hour.
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January 28, 2022 HB 22-1063
Inspections and enforcement. Starting in FY 2023-24, the DPS will require 10.5 FTE to staff a new
unit within the department to inspect and enforce jail standards. The FTE include a new director,
a staff assistant, one staff person to provide training and outreach to jails on the new standards,
6.5 compliance officers to inspect jails and enforce the standards, and one compliance officer to
investigate any complaints. Based on the current work level of compliance officers for the Office
of Community Corrections, the fiscal note assumes that one compliance officer will inspect 4 jails
per year. Staff costs include personal services, standard operating, and capital outlay costs shown
in Table 1. Costs shown in FY 2023-24 are prorated for the General Fund paydate shift.
Travel, printing, and training costs. Starting in FY 2023-24, expenditures in the DPS will have various
other cost for the new unit, including printing, travel, and training for new employees. The fiscal
note assumes that the department will have $10,000 in printing costs, require two new vehicle
leases at $3,012 per year, travel 10,000 miles at a cost of $0.15 per mile, and training costs of $2,000.
Governor's Office. The Governor’s Office of Boards and Commissions will have increased workload
to make the required appointments under the bill, including recruiting, vetting, and interviewing
potential appointees. It is assumed that the Governor's Office may seek funding through the annual
budget process, if necessary, based on the total workload of the Boards and Commissions office and
the cumulative impact of all legislation affecting the office.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by
$90,784 in FY 2022-23 and $133,068 in FY 2023-24, which will decrease the amount of General Fund
available for other purposes.
Local Government
The bill will increase costs to local counties in several ways. First, in FY 2022-23, workload for counties
who participate in the commission will increase. Then, starting in FY 2023-24, costs to counties will
increase if counties need to renovate their jails to comply with the standards recommended by the
commission and established by the DPS. Because it is unknown what the standards will be, an
estimated cost to counties cannot be determined at this time. County jails will have ongoing additional
workload to facilitate inspections by the DPS and respond to any findings or recommendations.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature. Page 5
January 28, 2022 HB 22-1063
State Appropriations
For FY 2022-23, the bill requires a General Fund appropriation of $605,227 to the Department of Public
Safety. Of that amount, $50,375 and 2.0 FTE must be reappropriated to the Department of Law.
Departmental Difference
The DPS estimates that the bill will cost $1.7 million and 12.1 FTE in FY 2022-23 and $1.8 million and
16.0 FTE in FY 2023-24. The DPS estimate is based on the assumption that the number of standards
and the development of a new unit necessitates a need for 16.0 FTE. The fiscal note differs from the
DPS estimate for two main reasons. First, the fiscal note estimates that 10.5 FTE will be sufficient given
the assumption that one compliance investigator can oversee 4 jails per year and that 1 compliance
investigator can address complaints regarding jails. Second, the fiscal note assumes that full staffing
for the new unit will not begin until FY 2023-24 since that standards will not come into effect until
July 31, 2023; the DPS assumed that staff would be hired early in FY 2022-23.
State and Local Government Contacts
Counties District Attorneys Human Services
Information Technology Law Public Safety
Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.