Colorado 2022 Regular Session

Colorado House Bill HB1170 Latest Draft

Bill / Enrolled Version Filed 02/22/2022

                            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