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April 26, 2023 HB 23-1307
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 25, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0969
Rep. Daugherty; Soper
Date:
Bill Status:
Fiscal Analyst:
April 26, 2023
House Appropriations
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: JUVENILE DETENTION SERVICES & FUNDING
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill provides funding for the placement of detained juveniles that are over the
statutory bed cap for the Division of Youth Services. The bill increases state
expenditures starting in FY 2023-24.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $3.8 million to multiple state
departments.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, as amended by the House Public &
Behavioral Health & Human Services Committee. It has also been revised to reflect
new assumptions on the number of guardian ad litem appointments and hours of
attorney time.
Table 1
State Fiscal Impacts Under HB 23-1307
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $3,803,119 $3,826,269
Federal Funds $39,069 $10,990
Centrally Appropriated $276,634 $276,634
Total Expenditures $4,118,822 $4,113,893
Total FTE 16.0 FTE 16.0 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $570,468 $573,940
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April 26, 2023 HB 23-1307
Summary of Legislation
The bill appropriates $3.3 million to the Division of Youth Services (DYS) within the Department of
Human Services (CDHS) for placement of youth sent to a DYS facility for detention. Appropriations
include:
$200,000 to judicial districts for support services for detained youth and for moving youth from
detention to treatment or other placements;
$1,780,137 to provide incentives and remove barriers for licensed providers to serve youth placed
in community residential facilities or family-like setting in lieu of detention; and
$1,359,982 for temporary emergency detention beds.
Emergency detention beds. The bill allows DYS to administer 22 temporary emergency detention
beds statewide. These beds do not count towards the current detention limit of 215 beds. The DYS
must allocate the beds to judicial districts and allows district attorneys or a county department of
human services to petition the court to exceed the number of detention beds allocated to a specific
judicial district if certain conditions are met.
Guardian ad litem. The bill requires a guardian ad litem (GAL) to be appointed to all detained
juveniles until they are released from detention.
Working Group for Criteria for Placement of Juvenile Offenders. The bill requires the working
group to collect data on youth placed in detention and held due to lack of available services; the
number of emergency detention beds; the number of youth released from detention due to exceeding
the detention cap; and the number of requests for more beds brought to the courts. DHS must report
this statewide data to the working group and the General Assembly.
State Expenditures
The bill increases state General Fund expenditures in the DHS and the Office of the Child’s
Representative by $4.1 million in FY 2023-24 and thereafter. Expenditures are shown in Table 2 and
detailed below.
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April 26, 2023 HB 23-1307
Table 2
Expenditures Under HB 23-1307
FY 2023-24 FY 2024-25
Department of Human Services
Personal Services $1,134,768 $1,206,926
Operating Expenses $21,600 $21,600
Capital Outlay Costs $20,010 -
Bed Operating Costs $111,046 $111,046
Community Placement Incentives $1,980,137 $1,980,137
Computer Programming $111,627 $31,400
Centrally Appropriated Costs
1
$276,634 $276,634
FTE – Personal Services 16.0 FTE 16.0 FTE
CDHS Subtotal
General Fund
Federal Funds
Centrally Appropriated
$3,655,822
$3,340,119
$39,069
$276,634
$3,627,743
$3,340,119
$10,990
$276,634
Office of the Child’s Representative
Contract Attorneys $463,000 $486,150
OCR Subtotal $463,000 $486,150
Total $4,118,822 $4,113,893
Total FTE 16.0 FTE 16.0 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Human Services. The bill will increase state expenditures in the CDHS by
approximately $3.6 million per year beginning in FY 2023-24 to operate additional beds, allocate
funding from the bill, and update TRAILS to collect required data.
Staffing. The CDHS will require 16.0 FTE to operate the 22 additional emergency beds. This
includes 15.0 FTE to staff the additional beds and 1.0 FTE to manage beds, ensure that there are
enough beds to meet the needs of catchment areas, and to help collect required data of the bill.
Costs include personal service, operating, and capital outlay costs, and assume the salary
midpoint.
Other bed operating costs. In addition to FTE, expenditures will increase to cover various
operating costs associated with operating a DYS bed. This includes radios for DYS staff
(about $2,500 per radio), food costs ($3,373 per bed annually), medical supplies ($536 per bed
annually), and laundry ($684 per bed annually).
Community placement incentives. Expenditures will increase by about $2.0 million to allocate
funding for community placement, including $200,000 to judicial districts and $1.8 million to
licensed providers. Page 4
April 26, 2023 HB 23-1307
Computer programming. Expenditures in the CDHS will increase to make updates the
department’s TRAILS computer system to collect the required information from the bill. It is
estimated that 711 hours of computer programming is required in FY 2023-24 at a rate of $157 per
hour and 200 hours per year starting in FY 2024-25 in ongoing help desk support and quality
assurance. TRAILS programming costs receive a 35 percent federal match.
Office of the Child’s Representative. Expenditures in the Office of the Child’s Representative will
increase by $463,000 in FY 2023-24 and $486,150 in FY 2024-25 an ongoing to assign additional GALs
to juveniles who are screened into detention. Currently, the contract rate for a GAL is $100 per hour
in FY 2023-24 and up to $105 in FY 2024-25. These costs assume that about 50 percent of the estimated
925 youth detained in juvenile cases currently have a GAL assigned and the remaining 50 percent
(463 additional cases) will each require ten hours of GAL time.
Judicial Department. Starting in FY 2023-24, workload to the trial courts will increase to the extent
district attorneys or county departments of human services petition the court for emergency beds. In
addition, workload will increase to appoint GALs to juveniles placed in detention. This increase in
workload can be handled within existing appropriations.
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.
Local Government
To the extent the bill increases the number of juvenile placements, workload and costs to county
departments will decrease to find suitable placement for juveniles, as more beds may be available. In
addition, workload to counties and district attorney offices will increase to the extent they petition the
court for an increase in beds.
Technical Note
The fiscal note assumes that TRAILS programming costs is an allowable use of the $1.3 million for
detention beds, as the programming costs are related to the collection of data on the detention beds.
If computer programming is not an allowable cost, TRAILS programing should be appropriated on
top of the $1.3 million for detention beds.
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April 26, 2023 HB 23-1307
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2023-24, the bill requires appropriations totaling $3,842,188, including:
$3,379,188 to the Department of Human Services, of which $3,340,119 is from the General Fund
and $39,069 is from federal funds, and 16.0 FTE; and
$463,000 from the General Fund to the Office of the Child’s Representative.
State and Local Government Contacts
Counties District Attorneys Human Services
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.