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February 16, 2022 SB 22-089
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0532
Sen. Gardner
Date:
Bill Status:
Fiscal Analyst:
February 16, 2022
Senate Judiciary
Matt Bishop | 303-866-4796
Matt.Bishop@state.co.us
Bill Topic: SEX OFFENDER MANAGEMENT BOARD
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill divides the Sex Offender Management Board into two, one for adults and one
for juveniles, and makes other changes to sex offender requirements. It increases
state expenditures on an ongoing basis, beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill requires a net increase in appropriations of $132,666. See
State Appropriations section for more detail.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 22-089
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures General Fund $132,666 $137,858
Centrally Appropriated $35,839 $41,848
Total Expenditures $168,505 $179,706
Total FTE 1.2 FTE 1.4 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $19,900 $20,679
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February 16, 2022 SB 22-089
Summary of Legislation
Under current law, the Sex Offender Management Board in the Department of Public Safety (DPS)
sets standards for sex offender treatment and approves sex offender treatment providers, among other
duties. The bill divides the board into two boards: one for adult sex offenders and one for juvenile
sex offenders. In addition, the bill makes the following changes:
The Adult Sex Offender Management Board must establish a re-offense research project to collect
and analyze sex offense convictions and track correlating re-arrest and re-conviction rates of sex
offenders.
The Department of Corrections (DOC) must identify all inmates who are required to undergo sex
offense treatment, are eligible to receive sex offense treatment, and have not been provided with
the opportunity to undergo sex offense treatment while incarcerated. The department must
provide this data to the Adult Sex Offender Management Board by August 31, 2022, and meet
with the board to develop solutions to address offenders’ treatment needs. The board must
present findings to the Division of Criminal Justice in DPS by January 1, 2023.
Under current law, a sex offender is given the choice of two treatment providers. The bill allows
an adult sex offender access to the list of all treatment providers to choose from, with some
restrictions, and directs the Division of Youth Services in the Department of Human Services
(DHS) to assign a treatment provider to a juvenile sex offender.
Prosecutors may permit a sex offender evaluation to be dispensed with if it is only triggered by
sexual offense history.
The bill requires the boards to create a Joint Application Review Subcommittee for the application
and review process of treatment providers, evaluators, and polygraph examiners. The boards
must maintain a record of any denial or removal from the list of approved treatment providers or
other sanctions due to a provider's criminal history.
State Expenditures
The bill increases state expenditures in several departments by $168,505 in FY 2022-23 and $179,706 in
FY 2023-24 from the General Fund. Expenditures are shown in Table 2 and detailed below.
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February 16, 2022 SB 22-089
Table 2
Expenditures Under SB 22-089
Cost Components FY 2022-23 FY 2023-24
Department of Public Safety
Personal Services $114,402 $152,536
Operating Expenses $2,700 $3,375
Capital Outlay Costs $18,600 -
Printing, Training, Implementation Costs $1,667 $2,000
Board Expenses $44,000 $52,800
Centrally Appropriated Costs
1
$50,967 $62,742
FTE – Personal Services 2.0 FTE 2.5 FTE
DPS Subtotal $232,336 $273,453
Judicial Department
Personal Services ($52,553) ($70,068)
Operating Expenses ($1,950) ($2,345)
Capital Outlay Costs $5,800 ($440)
Centrally Appropriated Costs
1
($15,128) ($20,894)
FTE – Personal Services (0.8 FTE) (1.1 FTE)
Judicial Subtotal ($63,831) ($93,747)
Total $168,505 $179,706
Total FTE 1.2 FTE 1.4 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Safety. Workload will increase to staff the second board, conduct the re-arrest
research project, and fulfill the boards’ additional requirements. Based on the costs of staffing the
existing board, this requires 2.5 FTE. Standard operating and capital outlay costs are included.
Additional operating expenses for the board include printing, training, and travel reimbursement.
Board expenses assume that all board meetings have full attendance. To the extent that board
members are unable to attend every meeting, some operating expenses will decrease, and any
adjustments for future years will be addressed through the annual budget process. For FY 2022-23,
costs have been adjusted to reflect the bill’s effective date and the General Fund pay date shift.
Judicial Department. Starting in FY 2022-23, overall costs within the Judicial Department will
decrease as shown in Table 2. First, allowing prosecutors to dispense with sex offender evaluations is
expected to decrease workload in the division by 1.6 FTE annually. This results in a net decrease in
expenditures. Conversely, workload will increase to participate in re-arrest research, serve on the
second board, and maintain a treatment providers. This requires 0.5 FTE in the Division of Probation
Services. Standard operating and capital outlay costs are included. For FY 2022-23, costs have been
adjusted to reflect the bill’s effective date and the General Fund pay date shift.
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February 16, 2022 SB 22-089
Department of Corrections. Workload will increase to collect data and meet with the Adult Sex
Offenders Management Board, which be accomplished within existing appropriations. If that board
develops more stringent requirements for sex offender treatment, costs may increase in DOC. Any
such increase will be addressed through the annual budget process.
Governor's Office. The Governor’s Office of Boards and Commissions will have a minimal workload
increase to update board membership and make additional appointments. This work can be
accomplished within existing appropriations.
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
$19,900 in FY 2022-23 and $20,679 in FY 2023-24, which will decrease the amount of General Fund
available for other purposes.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State Appropriations
For FY 2022-23, the bill requires the following changes in appropriations from the General Fund:
an increase of $181,369 to the Department of Public Safety, and 2.0 FTE; and
a reduction of $48,703 from the Judicial Department, and a reduction of 0.8 FTE.
State and Local Government Contacts
Corrections District Attorneys Human Services
Information Technology Judicial Public Safety
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.