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March 15, 2023 SB 23-170
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 3, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0511
Sen. Sullivan; Fenberg
Rep. Bacon; Weissman
Date:
Bill Status:
Fiscal Analyst:
March 15, 2023
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: EXTREME RISK PROTECTION ORDER PETITIONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill allows community members, educators, licensed health care professionals,
mental health professionals, and district attorneys to petition for an extreme risk
protection order. Starting in FY 2023-24, the bill increases state and local
expenditures on an ongoing basis.
Appropriation
Summary:
The fiscal note estimates that the bill requires an appropriation of $140,462 to the
Judicial Department in FY 2023-24; however, the bill currently includes a provision
stating that the act can be implemented within existing resources.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 23-170
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $140,462 $120,257
Centrally Appropriated $22,187 $24,204
Total Expenditures $162,649 $144,461
Total FTE 1.1 FTE 1.2 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $21,069 $18,039
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March 15, 2023 SB 23-170
Summary of Legislation
The bill repeals and reenacts state law regarding extreme risk protection orders (ERPOs). Under
current law, a family or household member and a law enforcement officer or agency can petition for
an ERPO. The bill expands eligible petitioners to community members, educators, licensed health
care professionals, and mental health professionals, and clarifies which law enforcement officers may
petition for an order, to include district attorneys. The bill also requires the Colorado Department of
Public Health and Environment (CDPHE) to spend funds on a public education campaign regarding
the availability of, and the process for requesting, an ERPO.
Background and Assumptions
To determine if there would be an increase in ERPO petitions, the fiscal note analyzed two states that
currently allow medical professionals to petition for an ERPO: New York and Maryland.
New York. In 2022, the State of New York passed S.9113-A./A.10502 which expanded who can
petition for an ERPO to include health care professionals and requires law enforcement to file ERPOs
in certain situations. According to a news release from the New York Governor’s Office on
October 22, 2022, ERPOs more than doubled after the passage of the law.
Maryland. Maryland also allows health care professionals to petition for ERPOs. According to district
court data from Maryland, the state saw 573 ERPO cases filed from January 2022 through
September 2022, or about 64 cases per month. Maryland data for 2022 can be found here.
Assumptions. Based on the data discussed above, the fiscal note assumes that by increasing the
number of individuals who may petition for an ERPO, the number of ERPOs issued will increase.
Because the New York law included a provision that required law enforcement petition for an ERPO
in some cases, and because Maryland had more ERPO petitions than Colorado since its law was
enacted in 2018, the fiscal note estimates a more conservative increase in Colorado than in those states.
The fiscal note assumes that the number of ERPO petitions in Colorado will increase by 50 percent.
From January 1, 2020, through December 31, 2022, there were 380 ERPO petitions filed, or about
127 cases per year. Assuming a 50 percent increase, this will result in an additional 64 cases per year.
State Expenditures
The bill increases state General Fund expenditures in the Judicial Department by about $163,000 in
FY 2023-24 and $144,000 in FY 2024-25. In addition, the bill increases workload to the CDPHE.
Expenditures are shown in Table 2 and detailed below.
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March 15, 2023 SB 23-170
Table 2
Expenditures Under SB 23-170
FY 2023-24 FY 2024-25
Judicial Department
Personal Services $107,443 $117,212
Operating Expenses $2,565 $2,565
Capital Outlay Costs $30,454 $480
Centrally Appropriated Costs
1
$22,187 $24,204
Total Cost $162,649 $144,461
Total FTE 1.1 FTE 1.2 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 to
hear additional ERPO petitions. Specifically, the bill will increase magistrate costs and attorney and
mental evaluation workload as described below.
Magistrate costs. Starting in FY 2023-24, the Judicial Department requires 1.2 FTE to hear the
assumed increase in ERPO petitions. According to the Judicial Department, one judge can hear
on average 250 ERPO cases per year. Using this standard, the trial courts will require 0.3 FTE
magistrate to handle the increase in workload. Following the department’s common policy, each
magistrate needs support staff at a 1:3 ratio resulting in a need for 0.9 FTE support staff. Costs in
FY 2023-24 are prorated for the General Fund pay date shift.
Attorney and mental evaluation costs. Under current law, if a person cannot afford an attorney,
the courts must provide one for the ERPO hearings. In addition, individuals may receive a mental
evaluation during the course of the hearing. The bill will increase costs to provide additional
attorneys and mental evaluations. Based on data from current ERPO cases, attorneys are
appointed in about 65 percent of cases. Based on the projected increase in cases, this would mean
about 40 additional appointments, which assuming 12 hours per case and the current attorney
rate of $85 per hour, will result in about $40,000 in additional costs. However, because the number
of attorney appointments and the number of mental evaluations did not reach the assumed
number in the appropriation for House Bill 19-1177, this increase in costs can be handled within
existing appropriations.
Colorado Department of Public Health and Environment. Starting in FY 2023-24, the bill increases
workload in the CDPHE to incorporate ERPO information into its current education campaign about
gun safety developed under House Bill 21-1299. The Office of Gun Violence Prevention receives an
annual appropriation of about $3 million per year, of which $2 million goes toward education
campaigns. The fiscal note assumes this work and adding new information to education campaigns
can be accomplished within existing appropriations.
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March 15, 2023 SB 23-170
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
Starting in FY 2023-24, to the extent district attorneys file ERPO petitions, workload to district attorney
offices will increase. District attorney offices are funded at the local level by the counties the office
services.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
Currently, the bill includes a provision specifying that the bill can be accomplished within existing
appropriations and that no additional appropriation is required. The fiscal note estimates, based on
the statutory changes in the bill, that an appropriation of $140,462 General Fund and 1.2 FTE to the
Judicial Department is required for FY 2023-24.
State and Local Government Contacts
District Attorneys Education Judicial
Public Health and Environment Regulatory Agencies
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.