SENATE BILL 23-113 BY SENATOR(S) Zenzinger, Bridges, Kirkmeyer; also REPRESENTATIVE(S) Bird, Sirota, Bockenfeld, Armagost, Joseph, Lieder, Snyder, Weinberg, McCluskie. C ONCERNING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF CORRECTIONS . Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of corrections for the fiscal year beginning July 1, 2022. In Session Laws of Colorado 2022, section 2 of chapter 507, (HB 22-1329), amend Part II and the affected totals, as Part II (1)(A) and the affected totals are amended by section 5 of chapter 170, (HB 22-1133), as follows: Section 2. Appropriation. NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram Personal Services 4,442,530 4,198,725 243,805 a (33.3 FTE) (4.0 FTE) Restorative Justice Program with Victim-Offender Dialogues in Department Facilities 75,000 75,000 (1.2 FTE) Health, Life, and Dental 69,059,622 67,333,131 1,726,491 b 69,132,440 67,405,949 Short-term Disability 598,827 583,856 14,971 b 599,134 584,163 S.B. 04-257 Amortization Equalization Disbursement 19,113,349 18,635,515 477,834 b 19,122,947 18,645,113 S.B. 06-235 Supplemental Amortization Equalization Disbursement 19,113,349 18,635,515 477,834 b 19,122,947 18,645,113 Salary Survey 12,322,248 12,014,192 308,056 b PERA Direct Distribution 261,587 261,587 b Shift Differential 11,010,784 10,735,514 275,270 b Temporary Employees Related to Authorized Leave 2,025,459 2,025,459 Workers' Compensation 6,956,967 6,799,044 157,923 b PAGE 2-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Operating Expenses 408,939 318,939 5,000 a 85,000(I) c 477,269 387,269 Legal Services 3,912,465 d 3,823,652 88,813 b Payment to Risk Management and Property Funds 5,591,850 5,464,915 126,935 b Leased Space 6,228,521 6,069,503 159,018 b Capitol Complex Leased Space 57,186 40,851 16,335 b Annual Depreciation-Lease Equivalent Payments 659,571 659,571 Planning and Analysis Contracts 82,410 82,410 Payments to District Attorneys 681,102 681,102 Payments to Coroners 32,175 32,175 162,633,941 162,794,592 a These amounts shall be transferred from the Department of Public Safety from the State Victims Assistance and Law Enforcement Program line item appropriation in the Victims Assistance section of the Division of Criminal Justice. These amounts originate as cash funds from the Victims Assistance and L aw Enforcement Fund created in Section 24-33.5-506 (1), C.R.S. b Of these amounts, an estimated $3,494,127 shall be from sales revenues earned by Correctional Industries and an estimated $596 ,940 shall be from sales revenues earned by the Canteen Operation. c This amount shall be from the Social Security Administration In centive Payment Memorandum of Understanding. This amount is inc luded for informational purposes only. d Of this amount, $3,891,719 shall be used to purchase legal services from the Department of Law and $20,746 shall be used to co ntract for legal services from private firms for litigation related to the Rifle Correctional Center. PAGE 3-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (B) External Capacity Subprogram (1) Private Prison Monitoring Unit Personal Services 1,010,827 1,010,827 (12.7 FTE) Operating Expenses 183,443 153,976 29,467 a 205,402 175,935 1,194,270 1,216,229 a This amount shall be from revenues earned from monitoring private Colorado prisons that house out-of-state offenders. (2) Payments to House State Prisoners 5 Payments to local jails at a rate of $60.61 per inmate per day 13,284,306 13,284,306 Payments to in-state private prisons at a rate of $63.32 per inmate per day 6 59,322,367 56,922,367 2,400,000 a Inmate Education and Benefit Programs at In-state Private Prisons 541,566 541,566 73,148,239 a This amount shall be from the State Criminal Alien Assistance Program Cash Fund created in Section 17-1-107.5 (1), C.R.S. (C) Inspector General Subprogram Personal Services 4,846,045 4,739,812 106,233 a (51.0 FTE) Operating Expenses 460,072 376,885 83,187 a 498,802 415,615 PAGE 4-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Inspector General Grants 207,912207,912(I) Inspector General Start-up 118,152 118,152 5,632,181 5,670,911 a These amounts shall be from revenues earned from private prison out of state offender investigations. 242,608,631 242,829,971 (2) INSTITUTIONS (A) Utilities Subprogram Personal Services 347,809 347,809 (2.6 FTE) Utilities22,678,039 21,378,039 1,300,000 a 25,335,784 23,887,662 1,448,122 a 23,025,848 25,683,593 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 23,263,880 (282.8 FTE) Operating Expenses 6,990,024 8,415,788 Maintenance Pueblo Campus 2,198,662 32,452,566 32,452,566 33,878,330 33,878,330 PAGE 5-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (C) Housing and Security Subprogram Personal Services 210,619,179 210,619,179 210,775,577 210,775,577 (2,988.3 FTE) (2,992.5 FTE) Operating Expenses 1,979,880 1,979,880 2,073,596 2,073,596 212,599,059 212,849,173 (D) Food Service Subprogram Personal Services 21,835,003 21,835,003 (318.8 FTE) Operating Expenses 18,286,757 18,286,757 21,751,601 21,751,601 Food Service Pueblo Campus 1,882,769 1,882,769 2,156,475 2,156,475 42,004,529 45,743,079 (E) Medical Services Subprogram 7 Personal Services 45,146,900 44,867,480 279,420 a (409.2 FTE) (3.0 FTE) Operating Expenses 2,647,168 2,647,168 2,658,789 2,658,789 Purchase of Pharmaceuticals 17,434,236 17,434,236 18,218,170 18,218,170 Hepatitis C Treatment Costs 8,368,384 8,368,384 PAGE 6-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ External Medical Services 44,867,491 44,867,491 49,261,206 49,261,206 Service Contracts 2,665,998 2,665,998 Indirect Cost Assessment 1,4561,456 a 121,131,633 126,320,903 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113 (2), C.R.S. (F) Laundry Subprogram Personal Services 2,845,369 (38.4 FTE) Operating Expenses 2,181,498 2,196,868 5,026,867 5,026,867 5,042,237 5,042,237 (G) Superintendents Subprogram Personal Services 12,662,751 (159.9 FTE) Operating Expenses 5,331,252 5,779,028 Dress Out 1,006,280 Start-up costs 4,100 5,531,937 19,004,383 19,004,383 24,979,996 24,979,996 PAGE 7-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (H) Youthful Offender System Subprogram Personal Services 12,272,532 (162.7 FTE) Operating Expenses 607,455 621,209 Contract Services 28,820 Maintenance and Food Service 1,230,154 14,138,961 14,138,961 14,152,715 14,152,715 (I) Case Management Subprogram Personal Services 18,422,079 18,473,379 (238.3 FTE) (239.5 FTE) Operating Expenses 180,736 181,457 Offender ID Program 354,108 18,956,923 18,956,923 19,008,944 19,008,944 (J) Mental Health Subprogram Personal Services 12,649,942 12,649,942 (162.6 FTE) Operating Expenses 329,266 329,266 Medical Contract Services 5,318,890 5,318,890 18,298,098 PAGE 8-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (K) Inmate Pay Subprogram2,320,893 2,320,893 2,345,335 2,345,335 (L) Legal Access Subprogram Personal Services 1,552,485 (21.5 FTE) Operating Expenses 299,602 Contract Services 70,905 1,922,992 1,922,992 510,882,752 530,225,395 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 6,929,591 6,433,021 49,109 a 447,461 b (90.2 FTE) (10.6 FTE) Operating Expenses 234,201 234,201 240,544 240,544 Business Operations Grants 2,500,0002,500,000 (I) Indirect Cost Assessment 6,8656,865(I) 9,670,657 9,677,000 a This amount shall be from restitution collect ed pursuant to Section 16-18.5-109 (3), C.R.S. b Of this amount, $377,176 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund create d in Section 24-75-1401 (2), C.R.S., and $70,285 shall be from statewide indirect cost recoveries. PAGE 9-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (B) Personnel Subprogram Personal Services 2,006,791 2,006,791 (24.7 FTE) Operating Expenses 89,931 $89,931 2,096,722 (C) Offender Services Subprogram Personal Services 3,401,067 (44.1 FTE) Operating Expenses 62,044 3,463,111 3,463,111 (D) Communications Subprogram Operating Expenses 1,638,297 1,638,297 1,653,854 1,653,854 Dispatch Services 328,510 328,510 1,966,807 1,982,364 (E) Transportation Subprogram Personal Services 2,568,604 2,568,604 (35.9 FTE) Operating Expenses 483,538 483,538 1,078,011 1,078,011 Vehicle Lease Payments 3,621,238 3,085,295 535,943 a 6,673,380 7,267,853 PAGE 10-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ a Of this amount, an estimated $505,930 shall be from sales revenues earned by Correctional Industries and an estimated $30,013 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 2,560,323 (33.0 FTE) Operating Expenses 287,221 2,847,544 2,847,544 (G) Information Systems Subprogram Operating Expenses 1,395,409 1,395,409 1,397,957 1,397,957 Payments to OIT 26,381,074 26,275,550 105,524 a 25,881,543 25,778,017 103,526 a CORE Operations 446,137 404,200 21,415 a 20,522 b 28,222,620 27,725,637 a Of these amounts, an estimated $102,059 $100,061 shall be from Correctional Industries sales to non-state entities and an estimated $24,880 shall be from sales revenu es earned by the Canteen Operation. b This amount shall be from Correctional Industries sales to other state agencies. (H) Facility Services Subprogram Personal Services 1,079,494 (9.7 FTE) Operating Expenses 83,096 95,594 1,162,590 1,162,590 1,175,088 1,175,088 PAGE 11-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ 56,103,431 56,235,319 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,679,597 (77.7 FTE) Operating Expenses 88,017 5,767,614 5,767,614 (B) Education Subprogram Personal Services 14,731,148 14,731,148 14,742,837 14,742,837 (189.1 FTE) (189.4 FTE) Operating Expenses 4,279,330 2,816,746 1,173,669 a 288,915 b 4,286,525 1,180,864 a Contract Services 237,128 237,128 Education Grants 80,060 10,000 c 42,410 d 27,650(I) (2.0 FTE) 19,327,666 19,346,550 a Of this amount, an estimated $643,311 $650,506 shall be from sales revenues earned by the Canteen Operation and an estimated $530,358 shall be from sales revenues e arned by vocational programs. b This amount shall be from sales revenues earned by vocational programs for products and services sold to other government agen cies. c This amount shall be from gifts, grants, and donations. d This amount shall be from the Colorado Depart ment of Education from special education funds. PAGE 12-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (C) Recreation Subprogram Personal Services 8,383,283 8,383,283 (119.5 FTE) Operating Expenses 77,552 77,552 a 8,460,835 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 6,072,720 6,072,720 (87.4 FTE) Operating Expenses 117,884 117,884 Contract Services 2,244,904 2,244,904 Treatment Grants 126,682126,682 a 8,562,190 a This amount shall be from grant funds appropriated to the Division of Criminal Justice in the Department of Public Safety. (E) Sex Offender Treatment Subprogram Personal Services 3,411,752 3,380,518 31,234 a (55.8 FTE) (1.0 FTE) Operating Expenses 92,276 91,776 500 a Polygraph Testing 242,500 242,500 Sex Offender Treatment Grants 65,59765,597(I) 3,812,125 a These amounts shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S. PAGE 13-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (F) Volunteers Subprogram Personal Services 484,862 (8.0 FTE) Operating Expenses 17,912 502,774 502,774 46,433,204 46,452,088 (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 22,038,253 22,038,253 (326.2 FTE) Operating Expenses 2,875,425 2,875,425 3,312,594 3,312,594 Parolee Supervision and Support Services 8,482,069 4,614,477 3,867,592 a Wrap-Around Services Program 1,735,074 1,735,074 Insurance Payments 389,196 389,196 Grants to Community-based Organizations for Parolee Support 6,831,082 6,831,082 Appropriation to Community-based Reentry Services Cash Fund 1,481,662 1,481,662 Community-based Organizations Housing Support 500,000 500,000 PAGE 14-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ Parolee Housing Support 500,000 500,000 44,832,761 45,269,930 a This amount shall be transferred from the Judicial Department from the Correctional Treatment Cash Fund Expenditures line item appropriation in the Probation and Related Services section. (B) Community Supervision Subprogram (1) Community Supervision Personal Services 4,530,605 4,530,605 (48.0 FTE) Operating Expenses 505,042 505,042 643,124 643,124 Psychotropic Medication 31,400 31,400 Community Supervision Support Services 2,278,786 2,240,381 38,405 a 7,345,833 7,483,915 a This amount shall be transferred from the Department of Public Safety, Division of Criminal Justice, Offender Treatment and Se rvices. These amounts originate as federal funds. (2) Youthful Offender System Aftercare Personal Services 586,874 (8.0 FTE) Operating Expenses 141,067 Contract Services 854,353 1,582,294 1,582,294 PAGE 15-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (C) Community Re-entry Subprogram Personal Services 2,735,867 2,735,867 (42.6 FTE) Operating Expenses 146,702 146,702 Offender Emergency Assistance 96,768 96,768 Contract Services 190,000 190,000 Offender Re-employment Center 100,000 100,000 Community Reintegration Grants 39,09839,098(I) (1.0 FTE) Transitional Work Program 1,575,000 1,575,000 (1.0 FTE) 4,883,435 58,644,323 59,219,574 (6) PAROLE BOARD Personal Services 1,828,384 (20.5 FTE) Operating Expenses 107,890 Contract Services 242,437 Administrative and IT Support 182,490 (2.0 FTE) 2,361,201 2,361,201 PAGE 16-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ (7) CORRECTIONAL INDUSTRIES Personal Services 12,112,496 4,286,641 a 7,825,855 b (52.1 FTE) (102.9 FTE) Operating Expenses 6,916,298 1,069,500 1,546,956 a 4,299,842 b Raw Materials 30,547,207 6,055,860 a 24,491,347 b Inmate Pay 2,750,000 1,114,590 a 1,635,410 b Capital Outlay 1,219,310 309,259 a 910,051 b Indirect Cost Assessment 352,572 122,571 a 230,001 b 53,897,883 a Of these amounts, an estimated $13,285,877 is from sales to non-state entities and an estimated $150,000 is from rents and roy alties earned on Penitentiary Trust land managed by the State Board of Land Commissioners pursuant to Section 36-1-116 (2), C.R.S. b Of these amounts, an estimated $29,038,477 is from sales to other state agencies and an estimated $10,354,029 is from the Depa rtment of Revenue for the purchase of license plates. (8) CANTEEN OPERATION Personal Services 2,475,283 (28.0 FTE) Operating Expenses 18,930,041 Inmate Pay 73,626 Indirect Cost Assessment 86,851 21,565,801 21,565,801(I) a a This amount shall be from sales revenues earned by the Canteen Operation and is continuously appropriated to the division purs uant to Section 17-24-126 (1), C.R.S. TOTALS PART II (CORRECTIONS)$992,497,226 $899,794,352 $45,297,454 a 44,473,298 2,932,122 b $1,012,787,232 $919,931,039 $45,450,773 a a Of this amount, $21,565,801 $21,572,996 contains an (I) notation. PAGE 17-SENATE BILL 23-113 APPROPRIATION FROM ITEM & SUBTOTAL TOTAL GENERAL FUND GENERAL FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS FEDERAL FUNDS $$$$$ $ $ b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 5 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners -- In addition to the t ransfer authority provided in section 24-75-108, C.R.S., the department of corrections is authorized to transfer up to 5.0 percent of the total appropriat ion for external capacity subprogram between line items in the external capacity subprogram for purposes of reimbursing local jails, private prison providers, and c ommunity corrections providers. 6 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners, Payments to in-state p rivate prisons at a rate of $63.32 per inmate per day -- It is the General Assembly's intent that in-state private prisons use funds provided thro ugh this appropriation to provide levels of staffing and services similar to compar able state prisons to the extent possible. 7 Department Of Corrections, Institutions, Medical Services Subprogram--In addition to the transfer authority provided in section 24-75-108, C.R.S., the department of corrections is authorized to transfer up to 5.0 percent of the total appropriation for purchase of pharmaceutical s, Hepatitis C treatment costs, and external medical services between those line items for the purposes of providing pharmaceuticals, Hepatitis C Treatments, a nd external medical services for inmates. PAGE 18-SENATE BILL 23-113 SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Steve Fenberg Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Robin Jones SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 19-SENATE BILL 23-113