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March 10, 2022 SB 22-023
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 25, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0408
Sen. Gonzales
Rep. Bacon;
Gonzales-Gutierrez
Date:
Bill Status:
Fiscal Analyst:
March 10, 2022
House Judiciary
Aaron Carpenter | 303-866-4918
Aaron.Carpenter@state.co.us
Bill Topic: DECEPTIVE TACTICS JUVENILE CUSTODIAL INTERROGATION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
This bill makes juvenile statements inadmissible in court if law enforcement uses
deception during interrogation, requires law enforcement to record all interrogations of
juveniles, and requires the POST Board to train law enforcement officers on
interrogating juveniles. Starting in FY 2022-23, the bill will increase state expenditures
and local workload on an ongoing basis.
Appropriation
Summary:
For FY 2022-23, the bill requires a $30,000 appropriation to the Department of Law.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 22-023
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures Cash Funds $30,000 $1,451,110
Transfers - -
Other Budget Impacts - -
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March 10, 2022 SB 22-023
Summary of Legislation
Deception in juvenile custodial interrogation. The bill makes any statement or admission of a
juvenile presumptively inadmissible in court if a law enforcement official knowingly uses deception,
as defined in the bill, prior to or during the custodial interrogation, unless the prosecution can prove
that the statement was made voluntarily despite the deception. Law enforcement must electronically
record all juvenile custodial integrations regardless of the nature of the offense.
Law enforcement training. The bill requires the Peace Officers Standards and Training Board
(POST Board) to develop an in-person interactive training program on:
juvenile development and culture and its impact on interviews and custodial interrogations;
interpreting juvenile behavior during an interview or custodial interrogation;
techniques for building rapport with juveniles;
constructing age-appropriate statements and questions; and
cautions and considerations for interviewing and interrogation juveniles in custody.
The bill requires the state to cover any local law enforcement agency cost associated with the training.
Background
House Bill 16-1117 required a peace officer investigating an alleged class 1 or 2 felony or a felony
sexual assault to electronically record an interrogation occurring in a detention facility.
Data and Assumptions
According to the Department of Law (DOL), there are about 13,403 law enforcement officers in the
state of Colorado. The fiscal note assumes that all officers will participate in the training over a
five-year period starting in FY 2023-24, or 2,681 officers per year.
State Expenditures
The bill increases state expenditures in the Department of Law by $30,000 in FY 2022-23 and
$1.5 million in FY 2023-24 from the POST Cash Fund. Expenditures are shown in Table 2. In addition,
the bill will increase workload to the Judicial Department as described below.
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March 10, 2022 SB 22-023
Table 2
Expenditures Under SB 22-023
FY 2022-23 FY 2023-24
Department of Law
Course Development $30,000 -
Instructor Costs - $85,600
Training Materials - $160,860
Local Agency Reimbursement - $1,204,650
Total Cost $30,000 $1,451,110
Department of Law. Starting in FY 2022-23, the bill will increase expenditures in the DOL to provide
training and to reimburse local law enforcement agencies for going to the training. Costs are described
in more detail below.
Course development. In FY 2022-23 only, expenditures in the DOL will increase to contract with
a vendor to develop training curriculum. The fiscal note assumes that curriculum development
will take 400 hours at $75 per hour.
Instructor costs. Starting in FY 2023-24, expenditures in the DOL will increase to contract with an
instructor to teach classes. The fiscal note assumes that in one year there will be about 107 classes
per year (about 25 officers per class) for 8 hours at a rate of $100 per hour.
Training materials. Starting in FY 2023-24, expenditures in the DOL will increase to develop and
provide training materials to training attendees. The fiscal note assumes that training materials
will cost $60 per attendee.
Local agency reimbursement. Starting in FY 2023-24, expenditures in the DOL will increase to
reimburse local law enforcement agencies for sending officers to the training. The fiscal note
assumes that 8 hours of training will be reimbursed at $50 per hour. In addition, the DOL will be
required to provide reimbursement for backfill coverage for officers who have to pick up an
additional shift for officers that are at the training. The fiscal note assumes that 10 percent of cases
will require backfill. Finally, expenditures in the DOL will increase to provide reimbursement for
local agency lodging, mileage, and meals associated with training attendance. The fiscal note
assumes that 100 attendees will requires these costs at a rate of $250 per attendee.
Judicial Department. The bill will increase trial court workload to the extent that prosecutors request
more hearings to determine if a statement may be admitted despite the use of deception. However,
court workload may decrease to the extent less evidence is put in front of the court. Overall, any
changes in workload are not expected to require a change in appropriations.
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March 10, 2022 SB 22-023
Local Government
Local law enforcement agencies. Workload to local law enforcement agencies may increase to update
policies on when to record interrogations. Because law enforcement agencies are already required to
record certain interrogations, the fiscal note assumes that law enforcement agencies already have the
necessary equipment to comply with the bill.
While the bill increases training-related costs for law enforcement agencies, these costs will be
reimbursed by the state. Law enforcement agencies will also have an increase in workload to facilitate
scheduling.
District attorneys. Workload and costs to district attorney offices will increase to the extent there are
additional or longer hearings to admit evidence. Similar to the state, this impact is expected to be
minimal.
Technical Note
The estimated costs of the bill from FY 2023-24 through FY 2026-27 cannot be supported by the current
funding level of the POST Cash Fund. The POST Board is funded primarily through a $1 fee from
each vehicle registration and minimally from applicant certification fees and manual publication. The
POST Board is prohibited from using General Fund.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2022-23, the bill requires a $30,000 appropriation from the POST Cash Fund to the Department
of Law.
State and Local Government Contacts
Corrections District Attorneys Education
Human Services Information Technology Judicial
Law 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.