HOUSE BILL 22-1170 BY REPRESENTATIVE(S) McCluskie, Herod, Ransom, Amabile, Gray, Jodeh, Ricks; also SENATOR(S) Moreno, Hansen, Rankin, Gonzales, Lee, Priola. C ONCERNING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF CORRECTIONS . Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of corrections for the fiscal year beginning July 1, 2021. In Session Laws of Colorado 2021, section 2 of chapter 504, (SB 21-205), amend Part II as follows: Section 2. Appropriation. 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. ________ 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. APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram Personal Services 4,211,835 3,968,030 243,805 a (32.8 FTE) (4.0 FTE) Health, Life, and Dental 67,562,540 65,734,361 1,828,179 b Short-term Disability 603,955588,373 15,582 b S.B. 04-257 Amortization Equalization Disbursement 19,329,894 18,841,701 488,193 b S.B. 06-235 Supplemental Amortization Equalization Disbursement 19,329,894 18,841,701 488,193 b Salary Survey 12,350,919 12,032,028 318,891 b PERA Direct Distribution 10,222,043 9,964,045 257,998 b Shift Differential 10,251,533 10,222,298 29,235 b Workers' Compensation 5,781,190 5,598,506 182,684 b Operating Expenses 376,801 286,801 5,000 a 85,000(I) c Legal Services 3,414,416 d 2,933,453 480,963 b Payment to Risk Management and Property Funds 4,297,495 4,127,732 169,763 b Leased Space 6,066,143 5,711,336 354,807 b Capitol Complex Leased Space 59,492 42,498 16,994 b Annual Depreciation-Lease Equivalent Payments 530,642 530,642 Planning and Analysis Contracts 82,410 82,410 PAGE 2-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Payments to District Attorneys 681,102 681,102 Payments to Coroners 32,175 32,175 165,184,479 a These amounts shall be transferred from the Department of Public Safety from the State Victims Assistance and Law Enforcement Program line item appropriation in the Victims Assistance section of the Division of Criminal Justice. These amounts originate as cash funds from the Victims Assistance and L aw Enforcement Fund created in Section 24-33.5-506 (1), C.R.S. b Of these amounts, an estimated $3,646,579 shall be from sales revenues earned by Correctional Industries, an estimated $591,54 9 shall be from sales revenues earned by the Canteen Operation, and an estimated $393,354 shall be from the COVID Heroes Collaboration Fund created in Section 24-50-104 (1)(k), C.R .S. c This amount shall be from the Social Security Administration In centive Payment Memorandum of Understanding. This amount is inc luded for informational purposes only. d Of this amount, $3,393,670 shall be used to purchase legal services from the Department of Law and $20,746 shall be used to co ntract for legal services from private firms for litigation related to the Rifle Correctional Center. (B) External Capacity Subprogram (1) Private Prison Monitoring Unit Personal Services 980,145 980,145 (12.7 FTE) Operating Expenses 183,443 153,976 29,467 a 1,163,588 a This amount shall be from revenues earned from monitoring private Colorado prisons that house out-of-state offenders. (2) Payments to House State Prisoners 3 Payments to local jails at a rate of $59.42 per inmate per day 13,023,829 13,023,829 PAGE 3-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Payments to in-state private prisons at a rate of $58.79 $63.32 per inmate per day 4 58,968,020 56,568,020 2,400,000 a 59,362,872 59,362,872 Inmate Education and Benefit Programs at In-state Private Prisons 541,566 541,566 72,533,415 72,928,267 a This amount shall be from the State Criminal Alien Assistance Program Cash Fund created in Section 17-1-107.5 (1), C.R.S. (C) Inspector General Subprogram Personal Services 4,591,555 4,485,322 106,233 a (49.2 FTE) Operating Expenses 445,372 362,185 83,187 a Inspector General Grants 207,912207,912(I) 5,244,839 a These amounts shall be from revenues earned from private prison out of state offender investigations. 244,126,321 244,521,173 (2) INSTITUTIONS (A) Utilities Subprogram Personal Services 337,252 337,252 (2.6 FTE) PAGE 4-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Utilities 22,678,039 21,378,039 1,300,000 a 23,015,291 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 22,557,739 (282.8 FTE) Operating Expenses 6,990,024 Maintenance Pueblo Campus 2,161,317 31,709,080 31,709,080 (C) Housing and Security Subprogram Personal Services 5 203,467,698 203,467,698 (2,995.1 FTE) Operating Expenses 1,979,880 1,979,880 205,447,578 (D) Food Service Subprogram Personal Services 21,172,233 21,172,233 (318.8 FTE) Operating Expenses 17,271,775 17,271,775 17,972,476 17,972,476 Food Service Pueblo Campus 1,806,354 1,806,354 40,250,362 40,951,063 PAGE 5-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (E) Medical Services Subprogram S UBPROGRAM 5a Personal Services 43,543,740 43,277,661 266,079 a (409.2 FTE) (3.0 FTE) Operating Expenses 2,647,168 2,647,168 Purchase of Pharmaceuticals 14,433,888 14,433,888 16,149,292 16,149,292 Hepatitis C Treatment Costs 10,368,384 10,368,384 8,368,384 8,368,384 External Medical Services 35,490,765 35,490,765 40,642,110 40,642,110 Service Contracts 2,613,724 2,613,724 Indirect Cost Assessment 1,2061,206 a 109,098,875 113,965,624 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113 (2), C.R.S. (F) Laundry Subprogram Personal Services 2,759,002 (38.4 FTE) Operating Expenses 2,181,498 4,940,500 4,940,500 (G) Superintendents Subprogram Personal Services 12,283,096 (160.0 FTE) Operating Expenses 5,308,532 PAGE 6-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Dress Out 1,006,280 18,597,908 18,597,908 (H) Youthful Offender System Subprogram Personal Services 11,752,439 (160.7 FTE) Operating Expenses 604,705 Contract Services 28,820 Maintenance and Food Service 1,196,640 13,582,604 13,582,604 (I) Case Management Subprogram Personal Services 17,875,489 (238.6 FTE) Operating Expenses 180,236 Offender ID Program 346,936 18,402,661 18,402,661 (J) Mental Health Subprogram Personal Services 11,882,144 11,882,144 (159.1 FTE) Operating Expenses 312,366 312,366 Medical Contract Services 4,987,736 4,987,736 17,182,246 (K) Inmate Pay Subprogram2,320,893 2,320,893 PAGE 7-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (L) Legal Access Subprogram Personal Services 1,505,362 (21.5 FTE) Operating Expenses 299,602 Contract Services 70,905 1,875,869 1,875,869 486,423,867 491,991,317 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 6,734,497 6,157,356 46,764 a 530,377 b (90.2 FTE) (10.6 FTE) Operating Expenses 234,201 234,201 6,968,698 a This amount shall be from restitution collect ed pursuant to Section 16-18.5-109 (3), C.R.S. b Of this amount, $470,902 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund creat ed in Section 24-75-1401 (2), C.R.S., and $59,475 shall be from statewide indirect cost recoveries. (B) Personnel Subprogram Personal Services 1,854,712 1,483,617 371,095 a (18.7 FTE) (4.5 FTE) Operating Expenses 89,931 86,931 3,000 a Personnel start-up 37,200 37,200 a 1,981,843 a These amounts shall be from the COVID Heroes Collaboration Fund created in Section 24-50-104 (1)(k), C.R.S. PAGE 8-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (C) Offender Services Subprogram Personal Services 3,297,832 (44.1 FTE) Operating Expenses 62,044 3,359,876 3,359,876 (D) Communications Subprogram Operating Expenses 1,634,247 1,634,247 Dispatch Services 265,477 265,477 1,899,724 (E) Transportation Subprogram Personal Services 2,490,638 2,490,638 (35.9 FTE) Operating Expenses 483,538 483,538 Vehicle Lease Payments 3,468,680 2,987,707 480,973 a 6,442,856 a Of this amount, an estimated $439,839 shall be from sales revenues earned by Correctional Industries and an estimated $41,134 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 2,482,608 (33.0 FTE) Operating Expenses 287,121 2,769,729 2,769,729 PAGE 9-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (G) Information Systems Subprogram Operating Expenses 1,391,809 1,391,809 Payments to OIT 25,011,012 24,956,388 54,624 a CORE Operations 362,053 316,700 21,907 a 23,446 b 26,764,874 a Of these amounts, an estimated $64,822 shall be from Correctio nal Industries sales to non-state entities and an estimated $11, 709 shall be from sales revenues earned by the Canteen Operation. b This amount shall be from Correctional Industries sales to other state agencies. (H) Facility Services Subprogram Personal Services 1,046,727 (9.7 FTE) Operating Expenses 83,096 1,129,823 1,129,823 51,317,423 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,556,661 (78.5 FTE) Operating Expenses 88,017 5,644,678 5,644,678 (B) Education Subprogram Personal Services 14,332,166 14,332,166 (189.9 FTE) PAGE 10-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Operating Expenses 4,279,330 2,816,746 1,173,669 a 288,915 b Contract Services 237,128 237,128 Education Grants 80,060 10,000 c 42,410 d 27,650(I) (2.0 FTE) 18,928,684 a Of this amount, an estimated $643,311 shall be from sales revenues earned by the Canteen Operation and an estimated $530,358 shall be from sales revenues earned by vocational programs. b This amount shall be from sales revenues earned by vocational programs for products and services sold to other government agen cies. c This amount shall be from gifts, grants, and donations. d This amount shall be from the Colorado Depart ment of Education from special education funds. (C) Recreation Subprogram Personal Services 8,128,820 8,128,820 (119.5 FTE) Operating Expenses 77,552 77,552 a 8,206,372 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 5,888,391 5,888,391 (87.4 FTE) Operating Expenses 117,884 117,884 Contract Services 2,200,886 2,200,886 Treatment Grants 126,682126,682 a 8,333,843 a This amount shall be from grant funds appropriated to the Division of Criminal Justice in the Department of Public Safety. PAGE 11-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (E) Sex Offender Treatment Subprogram Personal Services 3,309,141 3,277,907 31,234 a (54.8 FTE) (1.0 FTE) Operating Expenses 92,276 91,776 500 a Polygraph Testing 242,500 242,500 Sex Offender Treatment Grants 65,59765,597(I) 3,709,514 a These amounts shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S. (F) Volunteers Subprogram Personal Services 462,090 (8.0 FTE) Operating Expenses 17,912 480,002 480,002 a 45,303,093 a This amount shall be from sales revenues earned by the Canteen Operation. (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 21,032,381 21,032,381 (325.2 FTE) Operating Expenses 2,694,848 2,694,848 Parolee Supervision and Support Services 7,773,850 4,161,715 3,612,135 a PAGE 12-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Wrap-Around Services Program 1,541,849 1,541,849 Grants to Community-based Organizations for Parolee Support 6,697,140 6,697,140 Community-based Organizations Housing Support 500,000 500,000 Parolee Housing Support 500,000 500,000 40,740,068 a This amount shall be transferred from the Judicial Department from the Correctional Treatment Cash Fund Expenditures line item appropriation in the Probation and Related Services section. (B) Community Supervision Subprogram (1) Community Supervision Personal Services 4,313,280 4,313,280 (48.0 FTE) Operating Expenses 505,042 505,042 Psychotropic Medication 31,400 31,400 Community Supervision Support Services 2,234,102 2,196,451 37,651 a 7,083,824 a This amount shall be transferred from the Department of Public Safety, Division of Criminal Justice, Offender Treatment and Se rvices. These amounts originate as federal funds. (2) Youthful Offender System Aftercare Personal Services 566,463 (8.0 FTE) PAGE 13-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Operating Expenses 141,067 Contract Services 837,601 1,545,131 1,545,131 (C) Community Re-entry Subprogram Personal Services 2,652,824 2,652,824 (42.6 FTE) Operating Expenses 146,702 146,702 Offender Emergency Assistance 96,768 96,768 Contract Services 190,000 190,000 Offender Re-employment Center 100,000 100,000 Community Reintegration Grants 39,09839,098(I) (1.0 FTE) Transitional Work Program 1,900,000 1,900,000 (1.0 FTE) 5,125,392 54,494,415 (6) PAROLE BOARD Personal Services 1,725,091 (19.5 FTE) Operating Expenses 107,390 Contract Services 242,437 PAGE 14-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Administrative and IT Support 177,677 (2.0 FTE) 2,252,595 2,252,595 (7) CORRECTIONAL INDUSTRIES Personal Services 11,890,516 4,068,234 a 7,822,282 b (52.1 FTE) (102.9 FTE) Operating Expenses 5,694,639 1,546,956 a 4,147,683 b Raw Materials 30,116,846 6,055,860 a 24,060,986 b Inmate Pay 2,750,000 1,114,590 a 1,635,410 b Capital Outlay 1,219,310 309,259 a 910,051 b Correctional Industries Grants 2,500,0002,500,000(I) Indirect Cost Assessment 446,643 137,785 a 301,690 b 7,168(I) 54,617,954 a Of these amounts, an estimated $13,082,684 is from sales to non-state entities and an estimated $150,000 is from rents and roy alties earned on Penitentiary Trust land managed by the State Board of Land Commissioners pursuant to Section 36-1-116 (2), C.R.S. b Of these amounts, an estimated $29,028,013 is from sales to other state agencies and an estimated $9,850,089 is from the Depar tment of Revenue for the purchase of license plates. (8) CANTEEN OPERATION Personal Services 2,364,287 (28.0 FTE) Operating Expenses 18,930,041 Inmate Pay 73,626 Indirect Cost Assessment 82,811 21,450,765 21,450,765(I) a a This amount shall be from sales revenues earned by the Canteen Operation and is continuously appropriated to the division purs uant to Section 17-24-126 (1), C.R.S. PAGE 15-HOUSE BILL 22-1170 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ TOTALS PART II (CORRECTIONS)$959,986,433 $866,975,862 $46,289,623 a $43,788,523 $2,932,425 b $965,948,735 $875,338,164 $43,889,623 a a Of this amount, $21,450,765 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 3 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners -- The Department of Co rrections is authorized to transfer up to 5.0 percent of the total appropriation for the external capacity subprogram between line items in the externa l capacity subprogram for purposes of reimbursing local jails and private prison providers. 4 Department of Corrections, Management, External Capacity Subprogra m, Payments to House State Prisoners, Payments to in-state pr ivate prisons at a rate of $58.79 $63.32 per inmate per day - It is the General Assembly's intent that in-state private prisons use funds provided thro ugh this appropriation to provide levels of staffing and services similar to co mparable state prisons to the extent possible. 5 Department of Corrections, Institutions, Housing and Security Su bprogram, Personal Services -- The amount appropriated in this line item does not include the $591,630 of FY 2021-22 General Fund appropriations for the Department of Corrections set forth in sections 124 thro ugh 128 of Title 17, Article 18, C.R.S. In calculating the amount appropriated in this line item, it is assumed that these statutory appropriations will be used for th e same line item. 5a D EPARTMENT OF C ORRECTIONS , I NSTITUTIONS , M EDICAL S ERVICES S UBPROGRAM -- I N ADDITION TO THE TRANSFER AUTHORITY PROVIDED IN S ECTION 24-75-108, C.R.S., THE D EPARTMENT OF C ORRECTIONS IS AUTHORIZED TO TRANSFER UP TO 5.0 PERCENT OF THE TOTAL APPROPRIATION FOR PURCHASE OF PHARMACEUTICALS , H EPATITIS C TREATMENT COSTS , AND EXTERNAL MEDICAL SERVICES BETWEEN THOSE LINE ITEMS FOR THE PURPOSES OF PROVIDING PHARMACEUTICALS , H EPATITIS C TREATMENTS , AND EXTERNAL MEDICAL SERVICES FOR INMATES . PAGE 16-HOUSE BILL 22-1170 SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Alec Garnett Steve Fenberg SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell 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 17-HOUSE BILL 22-1170