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April 26, 2023 HB 23-1249
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 11, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0634
Rep. Armagost;
Gonzales-Gutierrez
Sen. Simpson; Coleman
Date:
Bill Status:
Fiscal Analyst:
April 26, 2023
Senate Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: REDUCE JUSTICE-INVOLVEMENT FOR YOUNG CHILDREN
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill raises the age for juvenile involvement in the criminal justice system to
13-years-old in most situations, and requires that juveniles below this age be referred
to local collaborative management programs to receive services. Starting in
FY 2023-24, the bill increases state and local revenue and expenditures.
Appropriation
Summary:
For FY 2023-24, the bill requires and includes an appropriation of appropriation of
$1.5 million to various state departments.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under HB 23-1249
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $1,462,316 $1,999,972
Marijuana Tax Cash Fund - ($32,329)
Federal Funds $604 -
Centrally Appropriated $37,617 ($97,455)
Total Expenditures $1,500,537 $1,870,188
Total FTE 2.0 FTE (5.1 FTE)
Transfers - -
Other Budget Impacts General Fund Reserve $219,347 $299,996
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April 26, 2023 HB 23-1249
Summary of Legislation
The bill raises the age for juvenile involvement in the criminal justice system to 13 in most situations,
and requires that juveniles below this age be referred to local collaborative management programs to
receive services. The provisions of the bill are detailed below.
Age of prosecution. Starting on July 1, 2024, the bill increases the age a juvenile can be involved the
criminal justice system to 13 or older, unless the juvenile is accused of committing homicide. If a
juvenile ages 10 to 12 comes into contact with law enforcement or does not comply with a civil
protection order, the bill requires the juvenile be referred to a local collaborative management
program. The bill also clarifies that victims of these acts may receive compensation and outlines the
notifications victims may receive.
Collaborative management programs and funding. Currently, local agencies and county
departments of human services can enter into memorandums of understanding (MOUs) to promote
a collaborative system of local-level interagency oversight groups and individuated service and
support teams to coordinate and manage services to children and families. By September 1, 2023, the
bill requires all counties to establish collaborative management programs (CMPs). A CMP must
provide services to juveniles ages 10 to 12 who are referred to the CMP by the courts or law
enforcement in lieu of entering the criminal justice system. In addition, the bill allows victims who
are under the age of 18 of crimes committed by juveniles ages 10 to 12 to be referred to CMPs.
CMPs must create individualized support teams to refer children to services; review all referrals; and
create plans for those referred. Victims have the right to be informed and provide input to the plan,
and reasonable effort must be made to contact and provide timely information to the victim. If a child
does not participate in the plan, the bill requires the support teams to try and provide additional
resources, hold a meeting to determine if the team should continue giving resources, or conduct a
child abuse assessment or investigation.
If law enforcement notifies the individualized service and support team that there is probably cause
to believe that a child who is 10 to 12 years of age committed an act that would constitute a felony
sexual assault or felony unlawful sexual contact if committed by an adult and the child used force,
intimidation, or threat in conducting the act, the individualized service and support team must refer
the child for an evaluation by a treatment provider who specializes in children who display
problematic sexual behavior.
By December 1, 2023, the Department of Human Services (CDHS) must develop a model MOU, a
model written procedure to serve the new population, and an information form for law enforcement
to file in order to refer juveniles to CMPs. The bill also requires the General Assembly, on July 1, 2024,
and every year thereafter, to appropriate money from the General Fund to the Collaborative
Management Cash Fund to fund services for juveniles who are ages 10 to 12 and referred to CMPs.
With this funding, the CDHS must provide an annual allocation to each CMP. Finally, the bill requires
the CDHS to collect information on the number of individuals served through CMPs in an annual
report.
Trainings. The bill requires the Sex Offender Management Board (SOMB) and the CDHS to provide
trainings and develop strategies to integrate treatment and services for children who have engaged in
unlawful sexual behavior. In addition, the SOMB may update, develop, and revise educational Page 3
April 26, 2023 HB 23-1249
materials. The CDHS must also consult with the Colorado Restorative Justice Coordinating Council
to develop and implement training for victimized children and the Department of Public Safety to
develop service to support victims.
Civil protection order. Finally, the bill requires municipal, county, and district courts to provide
in-person assistance at least one time per week to assist petitioners in filling out forms to obtain a
protection order, or offer an online tutorial.
Assumptions
Juveniles referred to CMPs. Based on a five-year average of arrest data from the Colorado Bureau of
Investigation, it is estimated that there are around 900 arrests of juveniles who ages 10 to 12. Further
information from the Judicial Department indicates 652 unique cases on average filed with the courts
that involved a juvenile in this age range. The fiscal note assumes that those involved in cases filed
with the courts are most likely to require CMP services; therefore, the fiscal note assumes that around
650 juveniles will receive services through CMPs annually.
Victims. The bill allows victims under 18 years of age to be referred to CMPs. The fiscal note assumes
that two-thirds of the 650 juvenile cases, about 490 cases, will have a victim who will receive services
from CMPs.
Cost of services. The Colorado Detention Youth Continuum (CDYC) provides services for juveniles
who are at risk of being placed in detention in a Division of Youth Services (DYS) facility. Currently,
it costs $708 on average to provide services to juveniles who are ages 10 to 12 though the CDYC. The
fiscal note assumes that services provided by CMPs will have a longer duration than that of the CDYC.
In addition, the specific services needed will vary, therefore, the fiscal note assumes that on average
service costs will be $1,000 per juvenile.
State Revenue
Criminal fines and court fees. By raising the age of prosecution, the bill will decrease state revenue
from criminal fines and court fees beginning in FY 2022-23, credited to the Fines Collection Cash Fund,
various other cash funds in the Judicial Department, and the General Fund. Because juveniles are not
required to pay many criminal fines and penalties, any decrease in state revenue is expected to be
minimal. Criminal fine and court fee revenue is subject to TABOR.
State Expenditures
On net, the bill increases state General Fund expenditures by $1.5 million in FY 2023-24 and
$1.9 million in FY 2024-25 and future fiscal years. This includes increases in expenditures in the CDHS
and the Department of Public Safety (DPS), and decreases in expenditures in the Judicial Department
as shown in Table 2 and detailed below.
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April 26, 2023 HB 23-1249
Table 2
Expenditures Under HB 23-1249
FY 2023-24 FY 2024-25
Department of Human Services
Personal Services $133,159 $177,544
Operating Expenses $2,160 $2,700
Capital Outlay Costs $13,340 -
Computer Programming $56,727 $55,000
State Oversight of CMP $148,000 $48,000
CMP Funding (See Table 3 for more detail) $1,009,468 $2,419,861
CDYC Funding - ($160,761)
Training $60,200 $60,200
Centrally Appropriated Costs
1
$30,101 $38,667
FTE – Personal Services 1.6 FTE 2.0 FTE
CDHS Subtotal $1,453,155 $2,641,211
General Fund
Marijuana Tax Cash Fund
Federal Funds
Centrally Appropriated
$1,422,450
-
$604
$30,101
$2,634,873
($32,329)
-
$38,667
Judicial Department
Personal Services - ($662,317)
Operating Expenses - ($17,520)
Centrally Appropriated Costs
1
- ($145,777)
FTE – Personal Services - (7.6 FTE)
Judicial Subtotal - ($825,614)
Department of Public Safety
Personal Services $33,196 $44,261
Operating Expenses - $675
Capital Outlay Costs $6,670 -
Centrally Appropriated Costs
1
$7,516 $9,655
FTE – Personal Services 0.4 FTE 0.5 FTE
DPS Subtotal $47,382 $54,591
Total Costs $1,500,537 $1,870,188
Total FTE 2.0 FTE (5.1 FTE)
1
Centrally appropriated costs are not included in the bill's appropriation.
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April 26, 2023 HB 23-1249
Department of Human Services
Starting in FY 2023-24, the bill increases expenditures in the CDHS by $1.5 million in FY 2023-24 and
$2.6 million in FY 2024-25 to increase the number of CMPs, provide services to juveniles ages 10 to 12,
and to provide trainings. These costs are detailed below.
Staffing. On net, the CDHS requires an additional 2.0 FTE to oversee additional CMPs in counties
that do not currently have them, implement their expanded role, and track and report on data as
required by the bill. This includes 1.0 FTE to review and provide technical assistance to counties and
CMPs to implement the additional services as required by the bill and to help establish new CMPs.
Another 1.0 FTE is required to develop and capture required data and to provide technical assistance
to CMPs on data collection. Finally, 1.0 FTE of existing supervisory staff must be reclassified to
provide additional supervision to the new staff, manage additional CMP sites, and to consult with
law enforcement and the SOMB to develop the information form. Staffing costs include personal
services, operating expenses, and capital outlay costs. Costs in FY 2023-24 are prorated for a
September 1 start date and the General Fund pay date shift.
Computer programming. The CDHS will require a database to collect more data on CMPs and an
upgrade to the department’s child welfare data system (or TRAILS) to capture documentation on
juveniles ages 10 to 12 who are referred to a CMP. It is estimated that the expansion and maintenance
of the database will cost $55,000 per year. In FY 2023-24, one-time TRAILS upgrades will result in a
cost of $1,727, assuming 11 hours at a rate of $157 per hour. TRAILS costs are eligible for a 35 percent
federal match.
State oversight of CMPs. The bill will increase expenditure in the CDHS to evaluate additional CMPs
and their services. The CDHS currently has a budget of about $200,000 for CMP evaluations. It is
estimated that an additional $48,000 per year is required to evaluate additional programs and
outcomes. In addition, in FY 2023-24 only, expenditures in the CDHS will increase by $100,000 to hire
a contractor to develop a funding formula for CMPs.
CMP funding. The bill increases expenditures to form additional CMPs, provide services to juveniles
ages 10 to 12, provide victim services, and to cover additional administrative costs. These costs are
shown in Table 3 and discussed in more detail in the bulleted list below.
Table 3
Collaborative Management Plan Funding
FY 2023-24 FY 2024-25
Department of Human Services
New CMPs $759,468
$911,361
Services for 10-12 Year Olds - $652,000
Sex Offender Evaluation - $67,500
Services for Victims - $489,000
Administration $250,000 $300,000
Total Cost $1,009,468
$2,419,861
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April 26, 2023 HB 23-1249
New CMPs. Starting in FY 2023-24, expenditures will increase to provide counties with funding
to support new CMPs. According to the CDHS, there are currently 49 counties with a CMP. By
requiring counties to have a CMP, the bill will require support for CMPs in an additional
15 counties. Based on the current average allocation for small size counties, expenditures will
increase by $60,757 per site. First-year costs are prorated for a September 1 start date.
Services for juveniles ages 10 to 12. Starting in FY 2024-25, the bill will increase expenditures to
provide additional services to juveniles ages 10 to 12. Based on an estimate of 650 juveniles per
year, as discussed in the Assumption section, the fiscal note estimates that expenditures will
increase by $652,000.
Sex offender evaluation. Based on a 10-year average of sex offenses committed by juveniles age
10 to 12, expenditures will increase by $67,500 to pay for evaluations. The cost is based on the
assumption that each evaluation cost $1,500.
Victim services. Based on an assumed 490 victims eligible for services annually, expenditures
will increase to provide services to victims starting in FY 2024-25. The fiscal note assumes service
costs will mirror those for other juveniles served through CMPs.
Administration. Starting in FY 2023-24, administration costs to counties will increase to provide
additional services to juveniles referred by law enforcement and victims, as well as to establish
new CMPs in various counties. The fiscal note estimates that, statewide, additional administration
costs will be $300,000. Costs in FY 2023-24 are prorated for the bill’s September 2023 start date.
Colorado Detention Youth Continuum Services. By removing juveniles ages 10 to 12 from the
juvenile justice system, the CDHS will no longer provide services to these juveniles through CDYC.
The CDYC provides services to around 227 juveniles in this age range. Of the CDYC costs, 20 percent
come from the Marijuana Tax Cash Fund. These savings will start in FY 2024-25.
Training. Starting in FY 2023-24, expenditures in the CDHS will increase to provide training to CMPs
on juveniles who have engaged in unlawful sexual behavior and victims. Based on similar training
programs, the fiscal note estimates trainings costs of $60,200, including $25,000 for unlawful sexual
behavior training and $35,200 for the victim training.
Legal services. The CDHS will require less than 100 hours of legal services, provided by the
Department of Law, to develop the information form required by the bill and to update any rules.
The cost for these hours can be accomplished within existing legal services appropriations.
Judicial Department
Starting in FY 2024-25, expenditures in the Judicial Department will decrease by about $826,000 per
year, as described below.
Trial courts. By increasing the age of prosecution to 13, the bill reduces staffing in the trial courts by
4.8 FTE. Using the average number of cases in the last five years, as outlined in the Assumption
section, and judicial workload standards based on the type of case, the reduction in cases result in a
reduction of 1.2 magistrate FTE. Using the Judicial Department staffing standards, a reduction of
1.2 FTE magistrate also results in a 3.6 FTE reduction in support staff. Page 7
April 26, 2023 HB 23-1249
Probation. On net, the bill reduces the staffing need in the Division of Probation by 2.8 FTE due to
fewer cases being sentenced to probation. In the last five years, the Division of Probation has seen
116 probation sentences and 34 pre-sentence investigations per year of juveniles ages 10 to 12. Using
the average distribution of juvenile supervision, the decrease results in a reduction of 3.2 FTE
probation officers. The bill also requires that probation departments participate in CMPs; which is
assumed to increase workload in the Division of Probation by 1.2 FTE. Thus, the bill will result in a
net reduction in probation officer FTE of 2.0 FTE. In addition, based on Judicial Department standards
for probation officers, there is an additional reduction of 0.8 FTE support and supervisory staff,
resulting in a total reduction in probation staff of 2.8 FTE.
Civil protection order support. Courts that do not currently have a self-represented litigant
coordinator will have increased workload to develop an online tutorial on how to file civil protection
orders. The fiscal note assumes that the creation of an online tutorial will be minimal and no change
in appropriation is required.
Department of Public Safety
Starting in FY 2023-24, the DPS will require 0.5 FTE to develop educational materials and training
regarding best practices to provide appropriate therapy for juveniles ages 10 to 12 who engaged in
problematic sexual behavior, and to consult with the CDHS to develop training and strategies to
integrate treatment and services for this population. Costs include personal service costs, operating
expenses, and capital outlay costs. Costs in FY 2023-24 are prorated for a General Fund pay date shift.
Independent Judicial Offices
Starting in FY 2023-24, workload and expenditures in various independent offices that represent
children during juvenile delinquency proceedings may decrease, including the Office of the Public
Defender, the Office of the Alternate Defense Counsel, and the Office of the Child’s Representative.
The fiscal note assumes that any decrease in appropriations will be addressed through the annual
budget process, as necessary.
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. 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, decreasing the amount of General Fund available for other purposes.
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April 26, 2023 HB 23-1249
Local Government
Counties will have increased revenue and expenditures to create more CMPs and to provide
additional services juveniles who are ages 10 to 12 and associated crime victims.
County revenue. The exact increase in county revenue will depend on the funding formula
established by the CDHS.
County expenditures. Costs will depend on a number of factors, including the number of juveniles
and victims referred in a county’s CMP for services and the types of services required. The total
estimated allocation to counties for CMPs can be found in Table 3. As outlined in the Assumptions
section, the fiscal note assumes that services provided through CMPs will be commensurate with
services provided through CDYC. However, if services beyond those provided in CDYC are required,
costs to provide these services will increase relative to this fiscal note estimate. For example, if the
services provided are similar in scope to those provided to youths in the child welfare system, costs
will be higher.
County Departments of Human Services. Workload and expenditures for county departments of
human services will increase to participate in meetings and potentially to conduct child abuse
assessments and investigations if a child is not complying with their plan.
Technical Note
In FY 2023-24, the bill requires that the funding allocation provided by the CDHS to CMPs must be
used to serve juveniles age 10 to 12. Then, in FY 2024-25, the allocation must be used to serve juveniles
and their family members who would benefit from services. The fiscal note assumes that because
referrals to CMPs by law enforcement for this age group is not mandated until July 1, 2024, that the
allocation in FY 2023-24 will not include funding for this purpose, and that the focus will be on creating
new CMPs and expanding administrative and service capacity.
Effective Date
The bill takes effect July 1, 2024, except that Sections 23, 26, and 34 of the bill, and Section 24-1.9-104
(3)(a) introductory portion and (3)(a)(I) in Section 28, concerning the establishment of additional
community placement programs, funding for these programs, and preparation to accept referrals
from law enforcement, take effect 90 days following adjournment of the General Assembly sine die,
assuming no referendum petition is filed.
State Appropriations
For FY 2023-24, the bill requires and includes General Fund appropriations totaling $1,462,316
including:
$1,423,054 to the Department of Human Services and 1.6 FTE; and
$39,866 to the Department of Public Safety and 0.4 FTE. Page 9
April 26, 2023 HB 23-1249
Departmental Difference
Counties estimate that providing services through CMPs will cost at least $5.3 million more per year
than the amount included in this fiscal note once services are fully implemented. Costs include hiring
additional staff at each CMP, based on feedback from various counties on their staffing needs. The
fiscal note estimates start-up costs based on the current average distribution to rural CMPs and
additional administration funds equal to 13 percent of overall CMP funding. The fiscal note assumes
that a 13 percent administration ratio and the current CMP staffing distribution for new CMPs is
sufficient for start-up costs in the various counties.
State and Local Government Contacts
Corrections Counties District Attorneys
Education Human Services Information Technology
Judicial Law Municipalities
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.