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February 22, 2023 HB 23-1013
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 30, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0162
Rep. Amabile
Sen. Fields; Rodriguez
Date:
Bill Status:
Fiscal Analyst:
February 22, 2023
House Appropriations
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 $3.7 million to the Department of
Corrections.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was amended by the House Judiciary
Committee. It was recommended by the Legislative Oversight Committee Concerning
the Treatment of Persons with Behavioral Health Disorders in the Criminal and
Juvenile Justice Systems. It has also been updated to reflect updated expenditure
assumptions for the Department of Corrections.
Table 1
State Fiscal Impacts Under HB 23-1013
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue
- -
Expenditures General Fund $3,749,187 $3,941,150
Total FTE 41.4 FTE 45.2 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $562,378 $591,173
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February 22, 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
Restraint event data. In the past three years, the DOC has averaged 73 four-point restraint events per
year in five facilities, as shown in Figure 1. The majority of restraint events occurred at the San Carlos
Correctional Facility and Colorado Territorial Correctional Facility, and often involved multiple
restraint events with the same individuals. There are 11 total four-point restraint beds at these
facilities. Ambulatory restraint events have largely occurred at the same facilities at a lesser rate.
Figure 1
Restraint Events at DOC Facilities
0
18
71
0
2
0
18
40
5
21
25
35
1 1
C e n t e n n i a l
C o r r e c t i o n a l
F a c i l i t y
C o l o r a d o
T e r r i t o r i a l
C o r r e c t i o n a l
F a c i l i t y
S a n C a r l o s
C o r r e c t i o n a l
F a c i l i t y
D e n v e r
W o m e n ' s
C o r r e c t i o n a l
F a c i l i t y
D e n v e r
R e c e p t i o n a n d
D i a g n o s t i c
C e n t e r
2020 incident2021 incident2022 incident Page 3
February 22, 2023 HB 23-1013
Involuntary medication. There are currently 90 DOC inmates who are receiving involuntary
medications, such as mental health medications.
DOC accreditation. The DOC is currently accredited with the American Correctional Association.
DOC is currently in discussions with the National Commission on Correctional Health Care, which
requires soft restraints to be used and that health staff monitor a restrained inmate every 15 minutes.
State Expenditures
The bill increases state General Fund expenditures in the DOC by $3.7 million in FY 2023-24 and
$3.9 million in FY 2024-25 and ongoing, 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
FY 2023-24 FY 2024-25
Department of Corrections
Personal Services $2,830,559 $3,087,882
Operating and Capital Outlay Costs $139,220 $24,300
Soft Restraints and Training $27,402 $8,169
Employee Insurance and Supplemental Retirement $752,006 $820,799
Total $3,749,187 $3,941,150
Total FTE 41.4 FTE 45.2 FTE
Department of Corrections
Staff. Assuming that the DOC will be unable to utilize current staff to fulfill the bill’s requirement for
regular assessment during restraint events, the department requires additional staffing at facilities
that specialize in inmate health. 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, as outlined in Table 3 below.
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.
Other workload. The DOC is expected to manage behavior management plan requirements, its role
on involuntary medication committees, and reporting requirements within the normal course of
operations.
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February 22, 2023 HB 23-1013
Table 3
DOC Staffing Under HB 23-1013
CO I HP I HP II RN I Psych Totals
Centennial Correctional Facility 3.0 3.0 - - - 6.0
Colorado Territorial Correctional Facility 3.0 2.0 - 1.0 - 6.0
San Carlos Correctional Facility 3.0 2.0 - 1.0 - 6.0
Denver Women's Correction Facility 3.0 - - - - 3.0
Denver Reception and Diagnostic Center 3.0 - - 1.0 2.0 6.0
Remote - - 2.0 - - 2.0
Total 15.0 7.0 2.0 3.0 2.0 29.0
Relief Factor 1.6 1.6 1.6 1.6 N/A
Total Staff Including Relief Factor 24.0 11.2 3.2 4.8 2.0 45.2
Soft restraint materials and training. The DOC requires soft restraint material its 19 facilities, with
an estimated 68 units total, with replacement costs estimated for one-third of materials each year. Each
DOC facility will train 21 instructors on the use of soft restraints, who will then train DOC staff on-site.
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.
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.
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 the 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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February 22, 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 $3,749,187 to the Department of
Corrections, and 41.4 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.