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June 7, 2022 HB 22-1257
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0885
Rep. Weissman; Soper
Sen. Gonzales; Gardner
Date:
Bill Status:
Fiscal Analyst:
June 7, 2022
Signed into Law
Aaron Carpenter | 303-866-4918
Aaron.Carpenter@state.co.us
Bill Topic: 2022 CRIMINAL & JUVENILE JUSTICE COMMN RECOMMENDATIONS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill makes changes to the powers of probation officers, requires the Judicial
Department to create a system of individualized behavioral responses, and makes
changes to various crimes. The bill may increase state revenue and will impact state
and local expenditures.
Appropriation
Summary:
The bill requires and includes an appropriation of $53,390 to the Judicial Department.
Fiscal Note
Status:
This fiscal note reflects the enacted bill.
Table 1
State Fiscal Impacts Under HB 22-1257
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures General Fund $53,390 $50,653
Centrally Appropriated $11,022 $11,388
Total Expenditures $64,412 $62,041
Total FTE 0.7 FTE 0.7 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $8,008 $7,598
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June 7, 2022 HB 22-1257
Summary of Legislation
The bill makes certain modifications to sentencing reform provisions enacted through
Senate Bill 21-271, which take effect March 1, 2022, primarily regarding previous felony offenders who
are not permitted to possess a weapon. In addition, the bill modifies probation officer arrest authority,
requires the probation division to use a system of individualized behavioral responses, and creates
and modifies certain crimes, as detailed below.
Probation officers. Under current law, a probation officer may arrest a probationer when the officer
has probable cause to believe that the probationer has committed a crime or when a probationer tests
positive for a controlled substance. The bill removes these provisions. In addition, the bill requires a
probation officer to issue a summons, instead of a warrant, when petitioning for revocation of
probation unless it is believed the probationer would not appear, would interfere with the criminal
justice process, or pose substantial risk or serious harm to others. The bill requires certain information
to be included in a complaint alleging a violation of probation. When a probationer tests positive for
a controlled substance, the bill requires the use of individualized behavioral responses. Finally, the
bill establishes the purpose of probation.
Individualized behavioral response. The bill requires the State Court Administrator to develop a
system of structured and individualized behavioral responses to guide probation officers in
determining how best to motivate positive behavior change and the appropriate response to a
violation. The bill outlines what needs to be included in the responses and requires the Probation
Division to use the system or develop and use an equivalent and locally developed system. Finally,
the Department of Corrections (DOC), the Judicial Department, and the Department of Public Safety
must collaborate to develop and implement a range of structured and individualized behavioral
responses for offenders under their jurisdiction. During the department’s 2024 SMART Act hearing,
the State Court Administrator must report to the General Assembly on the system of structured and
individualized responses developed.
Use of DOC facilities for parolee sanctions. Under current law, when a parolee has a technical
violation of parole, a brief period of confinement in a county jail may be imposed as a sanction. The
bill removes "county jail," allowing the confinement to also be served in a DOC facility.
Intentionally practicing a regulated profession. The bill makes it a class 6 felony to intentionally and
fraudulently represents oneself as a licensed, certified, or registered professional and practices or
offers or attempts to practice the following professions without a license: architect, anesthesiologist
assistant, audiologist, dentist, doctor, engineer, direct entry midwife, nurse, nursing home
administrator, pharmacist, pharmacist technician, physician assistant, optometrist, or respiratory
therapist.
Public benefit theft. When determining a public benefit theft offense level, the value is the difference
between the value of the public benefit received and the value of the public benefit for which the
recipient was eligible.
Possession of weapons by previous offender. Until March 1, 2022, an individual who is convicted
of a felony cannot possess a firearm. Starting March 1, 2022, individuals convicted of felonies subject
to the Victim Rights Act cannot possess a firearm. The bill adds back additional felony offenses to the Page 3
June 7, 2022 HB 22-1257
convictions that prohibit a person from possessing a firearm. In addition, the bill allows individuals
who complete a sentence for the adjudication of these felonies to petition the court to possess a firearm
after their sentence is completed if the offender has good cause for carrying the firearm. Victims of
crimes committed by an individual who was adjudicated for a felony have the right to be informed of
any petition to legally possess, use, or carry a firearm.
Comparable Crime Analysis and Assumptions
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following sections outline data on crimes that are comparable to the offense in
this bill and discuss assumptions on future rates of criminal convictions resulting from the bill.
Intentionally practicing a regulated occupation without a license. This bill creates the new crime
of intentionally practicing a regulated occupation without a license, a class 6 felony. To form an
estimate on the prevalence of this new crime, the fiscal note analyzed the existing offense of
unauthorized practice of a regulated profession as a comparable crime. From FY 2018-19 to
FY 2020-21, 4 individuals have been convicted and sentenced for this offense. Of the persons
convicted, 1 was male and 3 were female. Demographically, 2 were White and 2 were Asian. The
fiscal note assumes that professionals will comply with the law, and that any increase in
sentencing will be minimal.
Public benefit theft. This bill creates a new factual basis for the existing offense of theft by
subtracting the value of the public benefit stolen by the amount the individual was eligible to
receive. To form an estimate on the prevalence of this new crime, the fiscal note analyzed the
existing offense of fraudulent acts to obtain food stamps or an electronic benefits transfer card as
a comparable crime. From FY 2018-19 to FY 2020-21, 23 individuals have been convicted and
sentenced for this offense. Of the persons convicted, 4 were male, 18 were female, and 1 did not
have a gender identified. Demographically, 18 were White, 1 was Black/African American, and
4 were classified as "Other." The subtraction of the benefit a person was eligible for when
convicted for public benefits theft may reduce sentences; however, due to the low instances of the
comparable crime, the fiscal note assumes that any impact will be minimal.
Possession of a firearm by a previous offender. This bill creates a new factual basis for the
existing offense of possession of a firearm by a previous offender by increasing the number of
crimes that make a person ineligible to possess a firearm after March 1, 2022. Because this
modification is expected to occur within days from the effective date of these Senate Bill 21-271
provisions, the fiscal note assumes any impact will be minimal. For informational purposes, from
FY 2018-19 to FY 2020-21, 2,105 individuals have been convicted and sentenced for this offense.
Of the persons convicted, 1,968 were male, 135 were female, and 2 did not have a gender identified.
Demographically, 1,508 were White, 433 were Black/African American, 131 were Hispanic, 13
were Asian, 8 were American Indian, 11 were classified as "Other," and 1 did not have a race
identified.
Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes. Page 4
June 7, 2022 HB 22-1257
State Revenue
In future fiscal years, the bill may minimally increase revenue to the trial courts from filing fees from
individuals petitioning the court to be eligible to possess firearms. This revenue is subject to TABOR.
State Expenditures
The bill increases state expenditures in the Probation Division of the Judicial Department by $64,412
in FY 2022-23 and $62,041 in FY 2023-24 from the General Fund. Workload will also increase for the
trial courts and the State Court Administrator Office. Expenditures are shown in Table 2 and detailed
below.
Table 2
Expenditures Under HB 22-1257
FY 2022-23 FY 2023-24
Probation Division (Judicial Department)
Personal Services $44,715 $48,778
Operating Expenses $1,475 $1,475
Capital Outlay Costs $7,200 $400
Centrally Appropriated Costs
1
$11,022 $11,388
Total Cost $64,412 $62,041
Total FTE 0.7 FTE 0.7 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Probation. Starting in FY 2022-23, the Probation Division will require 0.7 FTE to supervise additional
offenders sentenced to probation. Based on the division’s data, the fiscal note assumes that, by
returning additional offenses to the statute concerning possession of a firearm by a previous offender,
29 more individuals will be sentenced to probation then under current law. This will require 0.5 FTE
probation officer plus 0.1 FTE supervisor and 0.1 FTE support staff. Costs reflect the General Fund
pay date shift.
Trial courts. The bill will increase workload to the trial courts in two ways. First, court workload
may increase if there are additional or longer trials and sentences for crimes created or modified by
the bill, and may decrease if there are shorter trials due to the bill's modification to public benefit theft
amounts. In addition, in future fiscal years, workload to the trial courts will increase to hear petitions
to allow individuals to possess a firearm if they were adjudicated to a felony that would not allow
them to possess a firearm. Assuming each case takes 30 minutes, this workload can be absorbed
within current appropriations.
State Court Administrator. The State Court Administrator has already developed a system of
structured and individualized behavioral responses as required by the bill. Workload will minimally
increase for the office to train probation officers on the system. Page 5
June 7, 2022 HB 22-1257
Local Government
Similar to the state, the bill may impact workload and costs for district attorneys. This impact is
expected to be minimal. District attorney offices are funded by counties, with each county in a judicial
district contributing based on its population.
Effective Date
This bill was signed into law by the Governor and took effect on April 7, 2022, except that 3and 4,
concerning the powers and duties of probation officers, take effect July 1, 2023. Sections concerning
intentionally practicing a profession, public benefit theft, and possession of a firearm by a previous
offender (Sections 1, 10, and 11) apply to offenses committed on or after April 7, 2022.
State Appropriations
For FY 2022-23, the bill requires and includes an appropriation of $53,390 and 0.7 FTE from the General
Fund to the Judicial Department.
State and Local Government Contacts
Corrections District Attorneys Information Technology
Judicial Public Safety Regulatory Agencies
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.