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April 7, 2023 HB 23-1268
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0955
Rep. Lukens; Evans
Sen. Roberts; Pelton B.
Date:
Bill Status:
Fiscal Analyst:
April 7, 2023
House Public & Behavioral Health
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: PRIVATE TREATMENT FOR OUT -OF-STATE DEFENDANT
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill updates the process and parameters for private treatment standards for
interstate compact offenders. The bill increases state workload and may decrease
local workload.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
Under current law, Colorado is a part of the Interstate Compact for Adult Offender Supervision, which
includes all 50 states and 3 territories. The compact allows states to track the supervision of offenders
who move across state lines. When a supervised or unsupervised person comes to Colorado for a
private treatment program, the private treatment program cannot admit or accept the person unless
certain requirements are met. This bill clarifies the process and parameters to be admitted into a
program as described below.
Background checks and providing information. The bill requires a private treatment program to
notify the person of the person’s need to register with the compact administrator and assist the person
in providing certain information so the Department of Corrections (DOC) can complete a criminal
history check. Within 48 hours, the DOC must complete the background check and notify the private
treatment program, chief law enforcement official, and the person’s probation or community parole
officer if the person is supervised, of the status of the person. The bill also requires supervised persons
who are residents of Colorado to confirm that the sending state has provided all the information to
Colorado as required by the compact. If the person is not a resident, they must confirm that the
compact administrator has accepted the person for placement in a private treatment program. Finally,
the DOC must periodically update the out-of-state offender questionnaire used by private treatment
providers. Page 2
April 7, 2023 HB 23-1268
Fingerprinting and photographing. Under current law, a local law enforcement agency must require
supervised and unsupervised persons to physically appear at the local law enforcement agency for
fingerprinting and photographing. The bill allows law enforcement to require a supervised or
unsupervised person to appear for fingerprinting and photographing and requires the supervising
agency or the compact administrator of a supervised person to notify the person of the fingerprinting
and photographing requirement.
Private treatment for a supervised person. The bill also requires private treatment programs for a
supervised person to provide treatment if the treatment would have been required if the offense was
committed in Colorado.
Misdemeanor offense. Under current law, it is a misdemeanor if a private treatment program or
supervising person violates registration or notification requirements. This bill removes that crime and
instead requires that the program or person be reported to appropriate licensing, certifying, or
approving agency for corrective action.
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following section outlines crimes that are comparable to the offense in this bill
and discusses assumptions on future rates of criminal convictions resulting from the bill.
Prior conviction data and assumptions. This bill removes the offense of being in violation of
registration or notification requirements of private treatment facilities and supervised persons, an
unclassified misfeasor. From FY 2019-20 to FY 2021-22, zero offenders have been sentenced and
convicted for this existing offense; therefore, the fiscal note assumes that there will not be a decrease
in case filings or convictions under the bill. Because the bill is not expected to have a tangible impact
on criminal justice-related expenditures or revenue at the state or local levels, these potential impacts
are not discussed further in this fiscal note.
State Expenditures
Starting in FY 2023-24, the bill increases workload to the Judicial Department and the DOC.
Specifically, the Probation Division within the Judicial Department must notify persons of any
fingerprinting or photographing requirements and the DOC must update the questionnaire, run
background checks, and notify the required parties of the status of an unsupervised or supervised
person. All work can be accomplished within existing appropriations.
Local Government
To the extent that a law enforcement agency does not require a supervised or un supervised person
to appear at the agency for fingerprinting and photographing, workload to that agency will decrease.
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April 7, 2023 HB 23-1268
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Behavioral Health Administration Corrections District Attorneys
Human Services Information Technology Judicial
Law Public Health and Environment 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.