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January 30, 2023 HB 23-1013
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0162
Rep. Amabile
Sen. Fields; Rodriguez
Date:
Bill Status:
Fiscal Analyst:
January 30, 2023
House Judiciary
Erin Reynolds | 303-866-4146
erin.reynolds@coleg.gov
Bill Topic: USE OF RESTRICTIVE PRACTICES IN PRISONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
This bill modifies how clinical restraints may be used in correctional facilities, and
creates involuntary medication committees. It increases state expenditures on an
ongoing basis beginning in FY 2023-24.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $20 million to the Department of
Corrections.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the Legislative
Oversight Committee Concerning the Treatment of Persons with Behavioral Health
Disorders in the Criminal and Juvenile Justice Systems.
This fiscal note is provided pursuant to Joint Rule 22 (b)(2) and reflects strike-below
Amendment L.002. The fiscal note is preliminary and will be updated as more
information becomes available.
Table 1
State Fiscal Impacts Under HB 23-1013
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue
- -
Expenditures General Fund $19,990,686 $20,092,612
Total FTE 202.5 FTE 221.0 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $2,998,603 $3,013,892
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January 30, 2023 HB 23-1013
Summary of Legislation
The bill prohibits the use of clinical restraints on state inmates unless the use of restraints prevents the
individual from harming themselves or others, the correctional facility has exhausted all
less-restrictive alternatives, and the restraint is ordered by a mental health provider. When restraints
are used, correctional facilities must limit the time of use, make regular assessments of the restrained
inmate, use only allowable restraint equipment, and minimize risk to the inmate. The bill outlines
specific examination and reporting requirement intervals.
Upon intake, the bill requires correctional facilities to perform an assessment and make a behavior
management plan as necessary.
The bill prohibits the use of involuntary medication. Each facility is required to convene an
involuntary medication committee to approve prescribed medication. Inmates may be referred to the
Judicial Department for legal representation in these hearings.
By March 1, 2025, and each year thereafter, the Department of Corrections (DOC) must make a
legislative report on the use of restraints and involuntary medication in the preceding calendar year,
following criteria outlined in the bill.
Background and Assumptions
Between January and August 2022, the DOC logged approximately 47 four-point restraint events. The
department does not currently track ambulatory restraints, but information from the DOC indicates
that this type of restraint occurs on a regular basis in a variety of correctional settings. There are
currently 90 individuals in the DOC who are receiving involuntary medications.
State Expenditures
The bill increases state General Fund expenditures in the DOC by about $20 million per year, as shown
in Table 2 and detailed below. Potential costs for the Judicial Department will be addressed through
the annual budget process.
Table 2
Expenditures Under HB 23-1013
Cost Components FY 2023-24 FY 2024-25
Department of Corrections
Personal Services $14,391,718 $15,700,053
Operating Expenses $298,350 $298,350
Capital Outlay Costs $1,474,070 -
Restraint Materials and Training $49,380 $8,200
Laptops and Software $32,644 -
Employee Insurance and Supplemental Retirement $3,744,524 $4,086,009
Total $19,990,686 $20,092,612
Total FTE 202.5 FTE 221.0 FTE Page 3
January 30, 2023 HB 23-1013
Department of Corrections
Staff. Assuming that the DOC will be unable to utilize current staff to fulfill the bill’s requirement,
the department requires additional staffing at “qualified facilities.” For these facilities, additional staff
include correctional officers to facilitate inmate movement, as well as health professionals, nurses, and
psychologists to perform assessments, including behavior assessments upon intake. These facilities
include:
Centennial Correctional Facility in Cañon City, 14.5 FTE;
Colorado Territorial Correctional Facility in Cañon City, 21.0 FTE;
Denver Reception and Diagnostic Center in Denver, 15.5 FTE;
Denver Women’s Correctional Facility in Denver, 11.5 FTE; and
San Carlos Correctional Facility in Pueblo, 24.0 FTE.
At its remaining 14 facilities, the DOC requires additional correctional officers and health professional
staffing, totaling 53.0 FTE.
A shift relief factor of 1.6 is applied for all new staff. Standard operating and capital outlay costs are
included. While the fiscal note assumes a July 1, 2023, start date, the DOC is experiencing a critical
workforce shortage and these positions will likely take time to fill or remain unfilled. Health
professional and nursing staff are paid at the midpoint. First-year costs are prorated for the General
Fund pay date shift.
Restraint materials and training. The DOC requires soft restraint material for 19 facilities, with an
estimated 120 units total. Each DOC facility will train two trainers per facility on the use of these types
of restraints.
Laptops and software. The frequency of assessments requires cell-side laptops at each of the 19 DOC
facilities.
Legal services. While the bill may require some minimal general counsel regarding the allowable use
of clinical restraint or involuntary medication, as well as the review of facility policies, procedures,
and documentation procedures, this can be accomplished within existing resources.
Employee insurance and supplemental retirement. Pursuant to fiscal note and Joint Budget
Committee policy, centrally appropriated costs for bills involving more than 20 FTE are appropriated
in the bill, rather than through the annual budget process. These costs, which include employee
insurance and supplemental employee retirement payments for DOC are shown in Table 2.
Judicial Department
The trial courts will monitor the number of court-appointed counsel costs in involuntary medication
cases and seek resources through the annual budget process as needed. For informational purposes,
it is assumed that each case will require six hours to attend a minimum of two hearings, consult with
the client, and travel, estimated at a cost of $45,900 per case.
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January 30, 2023 HB 23-1013
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. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1 beginning in FY 2023-24, which will decrease the amount of General Fund available for other
purposes.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2023-23, the bill requires a General Fund appropriation of $19,990,686 to the Department of
Corrections, and 202.5 FTE.
State and Local Government Contacts
Corrections Information Technology Judicial
Law Public Defender
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.