Colorado 2023 Regular Session

Colorado Senate Bill SB113 Latest Draft

Bill / Enrolled Version Filed 02/21/2023

                            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