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April 19, 2023 HB 23-1293
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 17, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-1012
Rep. Weissman; Soper
Sen. Gonzales; Gardner
Date:
Bill Status:
Fiscal Analyst:
April 19, 2023
House Finance
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: FELONY SENTENCING COMMISSION RECOMMENDATIONS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill increase and decreases classifications of certain felony offenses. The bill
results in a one-time increase in state expenditures in FY 2023-24, and will decrease
state revenue and expenditures on an ongoing basis. The bill also impacts local
revenue and expenditures.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $32,170 to the Judicial
Department.
Fiscal Note
Status:
The revised fiscal note reflects the introduced bill, as amended by the House Judiciary
Committee. It has been revised to reflect new information.
Table 1
State Fiscal Impacts Under HB 23-1293
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $32,170 ($799,505)
Centrally Appropriated $6,225 $14,139
Total Expenditures $38,395 ($785,366)
Total FTE 0.4 FTE 0.8 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $4,826 ($119,926)
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April 19, 2023 HB 23-1293
Summary of Legislation
Starting on October 1, 2023, the bill increases and decreases certain felony offense classifications
(Tables 2 and 3, respectively); removes certain offenses (Table 4); modifies offenses (Table 5); adds
new crimes (Table 6); and removes mandatory sentences for certain felony offenses (Table 7).
Table 2
Felony Crimes with Increased Classification
Crime
Current Law
Classification
Classification
Under Bill
Second degree kidnapping of a child F4 F2
Medical record theft if record is stolen or disclosed to an
unauthorized person
F6 F5
Criminal possession of forgery devices F6 F5
Criminal impersonation when impersonation includes marriage,
bail, or surety
F6 F5
Criminal possession of a forgery device with intent to use F6 F5
Identity theft with 3 or more financial devices or person’s
identifying information
F6 F5
Criminal possession of a financial device for possessing three
devices
F6 F5
False report of explosives, weapons, or harmful substances F6 F5
Impersonating a peace officer F6 F5
Riots in detention facilities (removes mandatory imprisonment
for active participation in a riot where a weapon is not employed)
UF
(2-10 years)
F4
Designation for past official behavior F6 F4
Designation of supplier prohibited if committed by public servant F6 F5
Misuse of official information F6 F5
Jury tampering for non-class 1 felony trials F5 F4
Failure or refusal to leave premise on requires of officer when
persons knowingly holds another person hostage by having a
firearm
F4 F3
Failure or refusal to leave premise on requires of officer when
person knowingly holds another person hostage by making person
believe the person has a gun
F5 F4
Cruelty to animals F6 or F5 F4
Possession of weapon on school ground if it is a firearm F6 F5
Personal profit on state money F6 F5
False or fraudulent return UF F5
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April 19, 2023 HB 23-1293
Table 3
Felony Crimes with Decreased Classification
Crime
Current Law
Classification
Classification
Under Bill
False statement for worker’s compensation claim F5 F6
First degree arson if arson is of an unoccupied building F3 F4
Third degree arson F4 F5
Second degree burglary if burglary is not of an occupied
structure, operation of a commercial business, or dwelling, and
doesn’t have the objective of theft of a controlled substance or
firearm
F4 F5
Theft of medical records if record is stolen or disclosed to an
unauthorized person
F6 M1
Second degree criminal trespass if trespass is on agricultural
land with intent to commit a felony
F4 F5
Third degree criminal trespass on agricultural land with intent
to commit a felony if land did not have fence
F5 F6
Insurance fraud when person submits a certificate of insurance
that contains false information
F5 F6
Fraudulent receipt F6 M2
Criminal possession of a financial device for possessing two
devices
F6 M2
Retaliation against a witness or victim F3 F4
Wiretapping for corded phones F6 M2
Telecommunications crime if person uses cloning equipment, or
encourages persons to engage in certain activates
F4 M2
Possession of ballistic knife making it a an “illegal weapon”
instead of dangerous weapon
F5 M1
Explosives or incendiary devices when a person possesses or
controls device
F4 or F3 F5 or F4
Dueling F4 M1
Hazardous waste violation when abandoning vehicle containing
hazardous waste
F4 F5
Unlawful entry by excluded and ejected persons F5 F6
Unauthorized advertising for adoption purposes F6 M2
State agency contracts offering to secure contracts for
professional services
F3 F4
False statement for police and firefighter pension F5 F6
Unlawful custody and possession of a stray F6 M2
Tax evasion F5 F6
Using sports betting or lottery license for personal gain F3 F4
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April 19, 2023 HB 23-1293
Table 4
Modified Crimes
Crime Modification
Assault in the second
degree
Removes when an actor is confined in a detention facility and harasses,
annoys, threatens, or alarms another person in the detention facility
Second degree kidnapping Adds that movement increases the risk of harm to the person
Forgery Removes “check”
Unauthorized absence Adds transitions from the Department of Human Services to a residential
treatment facility or programs
Table 5
Removal of Crimes
1
Crime Classification Under Current Law
First degree burglary of a controlled substance from
pharmacy
F2
Aggravated robbery of controlled substance F2
Second or subsequent offense of theft of trade secret F5
Cybercrime second conviction of a cybercrime or any criminal act
would be a felony under the statue
F6
Second or subsequent violation of animal fighting F4
Second or subsequent offense of wiretapping and
eavesdropping devices
F5
Second or subsequent telecommunications crime F6 and F4
Repeating gambling offender offenses Seven F5s and two F6s
Sequent violations of possessing a dangerous weapon F4
Second offense of violating sale of secondhand property
record and inspection
F5
Second offense of administration of gamma hydroxybutyrate
or ketamine
F2
Smuggling of humans F3
Second offense of taxation provisions F5
Second offense of violation of sale activity following license
denial wholesalers and power sports vehicles
F6
Unlawful entry by excluded and ejected persons F5
1
Removal of crimes indicates that a specific offense is removed, offenders may still be prosecuted under other statutes.
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April 19, 2023 HB 23-1293
Table 6
New Crimes Under Bill
Crime Classification Under Current Law
Aggravated retaliation against a witness or victim F3
Table 7
Eliminated Mandatory Sentences
Crime Sentence Under Current Law
Second violation of identity theft Sentence to the DOC for a term 2x the minimum
presumptive range to 2x the maximum
Riots in detention facilities for active participation
in a riot and does not employ a weapon
Punishment must be imprisonment in the DOC for
2 to 10 years
Vehicular eluding Increase in minimum fine ranging from $2,000 to
$6,000
Explosives or incendiary devices Mandatory minimum sentence of 2 to 4 years
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. This bill both increases and decreases felony crime classifications, as well as
removes, modifies, and adds felony crimes. From FY 2019-20 to FY 2021-22, 3,909 individuals have
been convicted and sentenced for the offenses included in the bill. Of the persons convicted,
3,179 were male, 725 were female, and 5 did not have a gender identified. Demographically,
3,313 were White, 274 were Black/African American, 203 were Hispanic, 35 were Asian, 21 were
American Indian, 60 were classified as "Other," and 3 did not have a race identified. The fiscal note
bases its assumptions on DOC sentences resulting from these offenses, as outlined in the section
below. Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal
notes.
Assumptions
The fiscal note assumes that decisions to sentence an individual to the Department of Corrections
(DOC) will not be impacted by reclassifying an offense, except in cases where the offense is reclassified
from a felony to a misdemeanor. The fiscal note uses data provided by the Judicial Department to
determine the number of individuals sentenced to the DOC for the various offenses. The fiscal note
identified the following offenses that had individuals sentenced to the DOC in the last three fiscal
years.
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April 19, 2023 HB 23-1293
Table 8
Average Number Sentenced to DOC per Year for Crimes Increasing in Classification
Description of Crime Citation Avg Annual DOC Sentences
Second Degree Kidnapping 18-3-302 (2) 2
Criminal Possession of Forgery Devices 18-5-109 (1)(a),(b),(c),
& (d)
5
Criminal Impersonation False Identity 18-5-113 (1)(a)(i)(ii) 2
Possession of Forgery Devices 18-5-706 1
False Reporting of Explosives 18-8-110 3
Impersonating a Police Officer 18-8-112 3
Aggravated Cruelty to Animals 18-9-202 (1.5) 4
Possession of a Firearm on School Grounds
1
18-12-105.5 (1) 3
Total 23
1
Because the reclassification only applies to carrying a firearm onto school grounds, the fiscal note assumes that
75 percent of offenses under 18-12-105.5(1) involve a firearm.
Table 9
Average Number Sentenced to DOC per Year for Crimes Decreasing in Classification
Description of Crime Citation Avg Annual DOC Sentences
Second Degree Trespassing- Ag. Land 18-4-503 (2)(b) 3
Third Degree Criminal trespassing- Ag. Land 18-4-504 (2)(b) 2
Possession of Two Financial Devices
1
18-5-903 (2)(b) 42
Possession of Ballistic Knife
2
18-12-102 (3) 2
Tax Evasion 39-21-118 (1) 3
Total 52
1
Because the reclassification only applies to having two financial devices, the fiscal note assumes that 50 percent of
offenses under 18-5-903(2)(b) involve two devices.
2
Because the reclassification only applies to possessing a ballistic knife, the fiscal note assumes that 10 percent of
offenses under 18-12-102(3) involve a ballistic knife.
The fiscal note then applied the average length of stay for each of the felonies to estimate the bed
impact to the DOC. Sentences for possession of two financial devices and possession of a ballistic
knife will no longer be sentenced to the DOC, as these offenses are reclassified as a misdemeanor.
State Revenue
By reducing some crimes from a felony to a misdemeanor, state revenue will decrease. Based on
revenue collection data reported from the Judicial Department, the reduction is expected to be
minimal. Revenue from court and criminal fees are subject to the state’s TABOR limit. Page 7
April 19, 2023 HB 23-1293
State Expenditures
The bill increases state expenditures by $39,000 in FY 2023-24 and decreases state expenditures by
$785,000 in FY 2024-25, paid from the General Fund. Expenditures are shown in Table 10 and detailed
below.
Table 10
Expenditures Under HB 23-1293
FY 2023-24 FY 2024-25
Judicial Department
Personal Services $23,695 $56,867
Operating Expenses $1,275 $2,160
Capital Outlay Costs $7,200 $400
Centrally Appropriated Costs
1
$6,225 $14,139
Personal Service – FTE 0.4 FTE 0.8 FTE
Judicial Subtotal $38,395 $73,566
Department of Corrections
Operating Costs (See Table 3 for detail) - ($858,932)
DOC Subtotal - ($858,932)
Total $38,395 ($785,366)
Total FTE 0.4 FTE 0.8 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Judicial Department. Starting in FY 2023-24, expenditures in the Judicial Department will increase
by $39,000 in FY 2023-24 and $74,000 in FY 2024-25 to supervise more offenders sentenced to probation
due to the lower classification of crimes. In addition, workload for the trial courts will decrease as
cases move from state administered courts to Denver County Court.
Probation Department. The Probation Division will require 0.8 FTE to supervise additional
offenders sentenced to probation in lieu of the DOC. This includes 0.6 FTE probation officer and
0.2 FTE support staff. Costs for the additional staff include standard operating and capital outlay
costs. Costs in FY 2023-24 assume a January 1 start date and the General Fund pay date shift.
Trial courts. Starting in FY 2023-24, workload to the trial courts will decrease to the extent
additional cases are heard in Denver County Court instead of state-administered courts. In
addition, to the extent cases last longer due to some classifications going up, workload to the
courts will increase.
Information technology. The bill's reclassification of crimes will require updates to the
department’s case management system. This work can be accomplished within existing
appropriations.
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April 19, 2023 HB 23-1293
Department of Corrections prison and parole costs (five-year impact). Section 2-2-701, C.R.S.,
requires Legislative Council Staff to provide information to the General Assembly on long-term costs
for prison capital construction, operations, and parole for any bill that potentially increases periods of
imprisonment in the Department of Corrections. These impacts are described below.
As discussed in the Assumptions section, the bill decreases prison operating costs by a total of
$6.6 million over the five-year period beginning in FY 2024-25. The fiscal note assumes no prison
operating impacts will occur in the first year due to the amount of time required for criminal filing,
trial, disposition and sentencing of each case. Once an offender is released from prison, the offender
is assigned to parole. The parole impact is assumed to first occur in FY 2024-25. Table 11 shows the
estimated cost of the bill over the next five fiscal years.
Table 11
Prison and Parole Operating Costs Under HB 23-1293
Fiscal Year
Prison
ADP Impact
Prison
Cost
Parole
ADP Impact
Parole
Cost
Total
Costs
FY 2023-24 - - - - -
FY 2024-25 (27) ($729,001) (17) ($129,931) ($858,932)
FY 2025-26 (22) ($587,713) (71) ($547,834) ($1,135,547)
FY 2026-27 (20) ($536,221) (158) ($1,224,371) ($1,760,592)
FY 2027-28 (17) ($472,985) (302) ($2,337,200) ($2,810,184)
Total ($6,565,254)
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
TABOR refunds. The bill is expected to decrease the amount of state revenue required to be refunded
to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the
March 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR is not available
beyond FY 2024-25. Because TABOR refunds are paid from the General Fund, decreased General
Fund revenue will lower the TABOR refund obligation, but result in no net change to the amount of
General Fund otherwise available to spend or save.
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 in FY 2023-24 and decrease
amounts in FY 2024-25 by the amounts shown in Table 1.
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April 19, 2023 HB 23-1293
Local Government
District attorneys. Similar to the state, to the extent some cases take longer due to the increase in
classification, workload to district attorney offices will increase. However, to the extent cases become
less complicated as classifications decrease, workload will decrease. District attorney offices are
funded at the county level.
Denver County Court. Starting in FY 2023-24, revenue to and expenditures in the Denver County
Court will increase to hear cases that become misdemeanors. Denver County Court is funded by the
City and County of Denver.
County jails. To the extent more individuals are sentenced to jail instead of being sentenced to the
DOC, jail costs will increase. County jails are funded at the county level.
Effective Date
The bill takes effect October 1, 2023, and applies to offenses committed on or after that date.
State Appropriations
For FY 2023-24, the bill requires an appropriation of $32,170 from the General Fund to the Judicial
Department and 0.4 FTE
State and Local Government Contacts
Corrections District Attorney Judicial
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.