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January 16, 2024 HB 24-1054
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0525
Rep. Amabile; Garcia
Sen. Fields; Coleman
Date:
Bill Status:
Fiscal Analyst:
January 16, 2024
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: JAIL STANDARDS COMMISSION RECOMMENDATIONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☒ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill requires jails to follow the jail standards adopted by the Legislative Oversight
Committee on Jail Standards and creates an enforcement mechanism. Starting in
FY 2024-25, the bill increases state and local expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $358,634 to multiple state
agencies.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the
Legislative Oversight Committee Concerning Colorado Jail Standards.
Table 1
State Fiscal Impacts Under HB 24-1054
Budget Year
FY 2024-25
Out Year
FY 2025-26
Out Year
FY 2026-27
Revenue
- - -
Expenditures General Fund $53,634 $66,034 $176,033
Cash Funds $305,000 $305,000 $305,000
Centrally Appropriated $10,555 $12,850 $30,981
Total Expenditures $369,189 $383,884 $512,014
Total FTE 0.6 FTE 0.7 FTE 1.5 FTE
Transfers
1
General Fund ($305,000) ($305,000) ($305,000)
Cash Funds $305,000 $305,000 $305,000
Net Transfer $0 $0 $0
Other Budget Impacts General Fund Reserve $53,795 $55,655 $72,155
1
This transfer is made through an appropriation from the General Fund.
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January 16, 2024 HB 24-1054
Summary of Legislation
The bill requires jails to follow jail standards established by the Legislative Oversight Committee
for Colorado Jail Standards (oversight committee), with enforcement provided through a
combination of the newly created Jail Standards Advisory Committee (advisory committee), the
Attorney General, and the Colorado Department of Public Safety (CDPS), as described below.
Jail standards and advisory committee. Beginning July 1, 2026, the bill requires each county
jail to comply with standards adopted by the oversight committee, and within one year when
standards are revised. The CDPS must contract with the County Sheriffs of Colorado to create
the advisory committee, which will include two sheriffs, two county commissioners, the State
Public Defender or their designee, a physical or behavioral health professional with experience
working in jails, and a representative of a statewide organization for persons experiencing
incarceration. The advisory committee must:
assess jails using peer assessors to ensure compliance with standards in cooperation with
the Attorney General;
complete jail assessment reports;
approve variance requests from standards; and,
make recommendations to the oversight committee on any legislation that would support
compliance.
The advisory committee must begin meeting in July 2024 and must plan informal assessments
of jails to begin in January 2025. Each jail must be assessed at least once every five years.
Attorney General. The bill clarifies that the Attorney General may investigate patterns or
practices for noncompliance of jails with jail standards. In addition, the Attorney General may—
in conjunction with the advisory committee or at the request of the Governor, the oversight
committee, or a sheriff—conduct assessments of jails to identify gaps and deficiencies in the
standards. After the assessment, the Attorney General must provide a report to the relevant
sheriff, the oversight committee, the Board of County Commissioners, the County Sheriffs of
Colorado, and the Governor that outlines methodology, relevant data, recommendations, and
technical assistance to meet the standards. The Attorney General may also provide technical
assistance and recommendations to the sheriff to comply with standards.
Legislative committees. The bill continues the oversight committee and allows the Commission
on Jail Standards to repeal. The oversight committee may introduce three bills during a regular
legislative session that are exempt from member bill limits and not subject to the interim bill
approval process. The committee will also consider any reports or recommendations submitted
by the advisory committee. The committee repeals on September 1, 2033, after a sunset review.
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January 16, 2024 HB 24-1054
Department of Public Safety. In addition to contracting with sheriffs to establish the advisory
committee, the CDPS must also maintain a dashboard of the basic findings of jail assessments
and create, maintain, and update a list of funding assistance to help jails meet standards. The bill
creates the Jail Standards Advisory Committee Cash Fund for use by the CDPS to cover expenses
of the advisory committee.
Open records. Finally, the bill exempts jails assessments from the definition of public records
under the Colorado Open Records Act.
Background
House Bill 22-1063 created the Jail Standards Commission within the Legislative Department to
recommend standards for the operation of jails. On November 9, 2023, the Commission
approved the final standards to be presented to the oversight committee. The final standards
can be found on the General Assembly website.
Assumptions
The fiscal note assumes that the Attorney General’s office will receive requests for assessments
beginning January 1, 2025.
State Transfers
The fiscal note estimates that $305,000 per year will be transferred from the General Fund to the
Jail Standards Advisory Committee Cash Fund starting in FY 2024-25. It is assumed that these
transfers will occur via an appropriation to the fund from the General Fund. This amount will
cover the cost for the advisory committee contract discussed in the State Expenditures section
below.
State Expenditures
The bill increases state expenditures in the CDPS, the Department of Law, and the Legislative
Department by a total of $370,000 in FY 2024-25, $384,000 in FY 2025-26, $512,000 in
FY 2026-27 and future years, paid from the General Fund and the newly created Jail Standards
Advisory Committee Cash Fund. Expenditures are shown in Table 2 and detailed below.
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January 16, 2024 HB 24-1054
Table 2
Expenditures Under HB 24-1054
FY 2024-25 FY 2025-26 FY 2026-27
Department of Public Safety
Advisory Committee Contract $305,000 $305,000 $305,000
CDPS Subtotal $305,000 $305,000 $305,000
Department of Law
Personal Services $10,625 $21,250 $103,774
Operating Expenses - - $1,280
Capital Outlay Costs - - $6,670
Travel Expenses $1,775 $3,550 $23,075
Centrally Appropriated Costs
1
$2,295 $4,591 $22,721
FTE – Personal Services 0.1 FTE 0.2 FTE 1.0 FTE
Law Subtotal $14,695 $29,390 $157,520
Legislative Department
Personal Services $36,348 $36,348 $36,348
Operating Expenses $640 $640 $640
Member Per Diem and Travel $4,246 $4,246 $4,246
Centrally Appropriated Costs
1
$8,260 $8,260 $8,260
FTE – Personal Services 0.5 FTE 0.5 FTE 0.5 FTE
Legislative Dept. Subtotal $49,494 $49,494 $49,494
Total $369,317 $383,884
$512,014
Total FTE 0.6 FTE 0.7 FTE 1.5 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Safety. Starting in FY 2024-25, expenditures from the Jail Advisory
Committee Cash Fund will increase to contract with County Sheriffs of Colorado to develop and
provide ongoing support to the advisory committee. It is estimated that $305,000 is needed per
year starting in FY 2024-25 to convene the advisory committee, administer assessments of jails,
and provide training to sheriffs on standards. Additionally, CDPS workload will increase to create
and update a dashboard on assessments, and to provide information on financial resources
sheriffs may use to help implement standards. This work can be accomplished within existing
appropriations as the department will update its current jail data dashboard.
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January 16, 2024 HB 24-1054
Department of Law. Starting in FY 2024-25, General Fund expenditures in the Department of
Law will increase by amounts shown in Table 2, as described below. Costs in FY 2024-25 are
prorated for a start date of January 1, 2025.
Staff. The department requires staff to conduct jail assessments in conjunction with the
advisory committee or upon request. The fiscal note assumes that the department will
conduct one requested assessment in FY 2024-25, and two requested assessments in
FY 2025-26. Then, starting in FY 2026-27 when counties must comply with the standards, the
department will conduct 11 scheduled assessments for compliance and two requested
assessments per year, resulting in 13 total assessments. Each assessment will take about
160 hours of staff work, including traveling to the jail, assessing the jail, compiling a report,
making recommendations, and providing guidance. This results in a need of 0.1 FTE in
FY 2024-25, 0.2 FTE in FY 2025-26, and 1.0 FTE in FY 2026-27 and ongoing.
Travel expenses. Expenditures in the Department of Law will increase to cover travel
expenses for staff to travel to jails. This includes mileage costs for use of a state fleet vehicle
(3,250 miles a year at $0.22 per mile), hotel reservations (8 nights per assessment at $150 per
night), and per diem (8 nights per assessment at $65 per night).
Legislative Department. Starting in FY 2024-25, expenditures in the Legislative Department will
increase to support the oversight committee as described below.
Staff. The department requires 0.5 FTE per year beginning in FY 2024-25 to support the
ongoing work of the oversight committee. This includes staff support of 0.3 FTE for
Legislative Council Staff and 0.2 FTE for the Office of Legislative Legal Services.
Member per diem and travel. Starting in FY 2024-25, expenditures in the Legislative
Department will increase to provide legislative members of the oversight committee per
diem and travel reimbursement. The fiscal note assumes there will be 6 members on the
committee who will attend 3 meetings per year.
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 2024-25, costs to local jails will increase to ensure that each jail is compliant with
the standards. It is unknown how many jails are currently compliant with standards
recommended by the Jail Standards Commission, or how much it would cost to implement
standards. Because each jail is administered by its own county, the exact cost to each county will Page 6
January 16, 2024 HB 24-1054
depend on the features of each jail and current practices. The fiscal note will be updated if more
information becomes available.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State Appropriations
For FY 2024-25, the bill requires General Fund appropriations totaling $358,634, as follows:
$305,000 to the Jail Standards Advisory Committee Cash Fund, which is further appropriated
to the Department of Public Safety;
$12,400 to the Department of Law, and 0.1 FTE;
$22,423 to Legislative Council Staff in the Legislative Department and 0.3 FTE;
$14,565 to the Office of Legislative Legal Services in the Legislative Department and 0.2 FTE;
$4,246 to the General Assembly in the Legislative Department.
State and Local Government Contacts
Counties District Attorneys Information Technology
Judicial Law Legislative Council Staff
Legislative Legal Services Public Safety Regulatory Agencies
Sheriffs
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.