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February 21, 2024 HB 24-1101
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0091
Rep. Mabrey; Snyder
Date:
Bill Status:
Fiscal Analyst:
February 21, 2024
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: EMPOWER VICTIMS THROUGH ACCESS RESTORATIVE JUSTICE
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill creates a right for victims to participate in restorative justice programs, and
expands the offenses eligible for restorative justice. Starting in FY 2024-25, the bill
increases state and local expenditures.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $1.1 million to multiple state
agencies.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1101
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures General Fund $764,773 $786,403
Cash Funds $321,000 $385,500
Centrally Appropriated $70,388 $77,226
Total Expenditures $1,156,161 $1,249,129
Total FTE 3.9 FTE 4.3 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $114,716 $117,961
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February 21, 2024 HB 24-1101
Summary of Legislation
Under the bill, a victim-survivor has the right to be notified of, provided, and participate in
restorative justice practices. This right is afforded to victim-survivors of any felony or
misdemeanor in Title 18, but law enforcement and prosecutorial agencies are encouraged to
provide restorative justice advisements and to consider the use of restorative justice in all cases.
The bill requires the Restorative Justice Council within the Judicial Department to collaborate
with nonprofits to create an advisement form and a restorative justice practices form. Finally, the
bill removes the prohibition of certain offenses to participate in restorative justice and removes
the fee ceiling that restorative justice facilitators may charge.
Department of Corrections. Under current law, the Department of Corrections (DOC) operates
a pilot program that facilitates victim-initiated victim-offender conferences subject to available
funds. The bill requires this program to be funded, requires the DOC to reimburse trained
facilitators, prohibits the department from denying a victim the chance to meet with an
offender, and renames the program the Victim-Offender Dialogue Program. In addition, the bill
requires the DOC to create a letter bank to allow offenders to send letters to victims to express
accountability and remorse.
Offender Services Cash Fund. Finally, the bill allows Offender Services Cash Fund to be used
for restorative justice practices if requested by victims, when the offender is considered indigent.
State Expenditures
The bill increases state expenditures by $1.2 million in FY 2024-25 and $1.3 million in FY 2025-26
and ongoing in the Judicial Department and the DOC, paid from the General Fund and the
Offender Services Cash Fund. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 24-1101
FY 2024-25 FY 2025-26
Judicial Department
Personal Services $39,968 $25,060
Probation Contract (CF) $321,000 $385,500
Letters for Victim Notification $17,135 $20,561
Centrally Appropriated Costs
1
$9,861 $6,018
FTE – Personal Services 0.5 FTE 0.3 FTE
Judicial Subtotal $387,963 $436,949
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February 21, 2024 HB 24-1101
Table 2
Expenditures Under HB 24-1101 (Cont.)
FY 2024-25 FY 2025-26
Department of Corrections
Personal Services $200,474 $235,852
Operating Expenses $13,852 $5,120
Capital Outlay Costs $26,680 -
Contract Facilitator $416,664 $500,000
Computer Programming $50,000 -
Centrally Appropriated Costs
1
$60,527 $71,208
FTE – Personal Services 3.4 FTE 4.0 FTE
DOC Subtotal $768,198 $812,181
Total $1,156,161 $1,249,129
Total FTE 3.9 FTE 4.3 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Judicial Department. Starting in FY 2024-25, the bill increases expenditures in the Judicial
Department to contract with organizations to provide restorative justice services, send letters to
notify victims of restorative justice services, and to cover costs for restorative justice services in
cases involving indigent offenders. Costs in FY 2024-25 are prorated for a September 1, 2024,
start date.
Staffing. In FY 2024-25, 0.5 FTE is required to issue requests for proposals, formalize
contracts with nonprofit organizations, and manage contracts. Staff includes 0.3 FTE for the
Probation Division to find, select, and monitor contracts, and 0.2 FTE in the Financial Division
to create the contract and to issue payments to organizations. This analysis assumes there
will be around 70 organizations that may enter into a contract with the department. In out
years, staff reduces to 0.3 FTE for the Probation Division for contract management.
Probation contract. Starting in FY 2024-25, expenditures will increase to contract with
nonprofits to provide restorative justice services if the offender is indigent and restorative
justice is requested by the victim. The fiscal note assumes that 28 percent of cases sentenced
to probation involve an offender with court-appointed council who will qualify for payment
by the department, resulting in 5,141 cases that are eligible for funding from the
department. Further, the fiscal note assumes that 10 percent of those will participate in a
restorative justice program, and that on average it will cost $750 to for an offender to
participate in the program. Costs are assumed to be paid from the Offender Services Cash
Fund—see Technical Note. Page 4
February 21, 2024 HB 24-1101
Letters for victim notification. Starting in FY 2024-25, expenditures will increase for the
department to send letters to victims, notifying them of the option to participate in
restorative justice. This analysis assumes there will be 16,449 letters mailed at $1.25 per
letter, and that the mailing of victim notifications will occur through an automatic process
programed by the department’s information technology division. It is assumed that the
required programing will take three months and can be absorbed within current
appropriations.
Trial courts. Workload in the trial courts will increase if the courts need to advise victims on
their restorative justice rights, and to post restorative justice practice forms on the website.
The fiscal note assumes that law enforcement, district attorneys, or victim advocates will also
inform victims of their rights and, therefore, any workload increase will be minimal.
Restorative Justice Council. Workload to the Restorative Justice Council will increase to
include information related to programs and practitioners that offer services related to
domestic violence and sexual assault, and to develop the required forms. Since the council
already have access to required documents, resources, and expertise, this workload is
expected to be minimal.
Department of Corrections. Expenditures in the DOC will increase by $770,000 in FY 2024-25
and $810,000 in FY 2025-26 to hire additional full-time staff and contract facilitators to manage
increased use of dialogue sessions, and to update computer programing, as described below.
Staffing. The department requires 4.0 FTE to expand dialogue programs from 4 to
12 facilities, run the letter database, and to ensure the safety of victims during dialogues.
This includes 2.0 liaisons to coordinate requests for meetings, and 2.0 mental health clinical
staff to provide oversight for any sex offenders that may participate in the program. FTE
costs include personal services, operating expenses, and capital outlay. Costs in FY 2024-25
are prorated for a September 1, 2024, start date.
Contract facilitators. The DOC requires additional resources to provide contractor-
facilitated pre-dialogue classes at an additional 8 facilities. Costs are based on current
contract facilitator costs at 4 facilities. Costs in FY 2024-25 are prorated for a
September 1, 2024 start date.
Computer programing. For FY 2024-25 only, $50,000 is required in computer programing
to update computer systems to track requests and stages of the dialogue process and
accountability letter bank process. This work will be accomplished by the Office of
Information Technology (OIT).
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.
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February 21, 2024 HB 24-1101
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, expenditures in district attorney offices will increase to notify victims of
their right to participate in restorative justice programs. District attorney offices are funded by
counties.
Technical Note
The Offender Services Cash Fund pays for administrative and personnel costs for adult and
juvenile probation services as well as a number of treatment services. The fund is supported by a
$50 monthly supervision fee. According to a revised cash fund report submitted as a response to
this fiscal note, cash fund expenditures are projected to exceed revenues starting in FY 2023-24,
by about $5.6 to $5.8 million per year. The department estimates cash fund ending balances of
$13.8 million for FY 2023-24, $8.2 million for FY 2024-25, and $2.3 million for FY 2025-26. Based
on these projected ending balances, the fiscal note shows cash fund expenditures in FY 2024-25
and FY 2025-26. However, in future years, General Fund may be required to support increased
expenditures from the cash fund, or the General Assembly may have to raise the probation
supervision fee.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed, except that section 16-11.6-103(4) C.R.S., that concerns the
rights of victims of domestic violence to receive restorative justice services, takes effect on
August 1, 2025.
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $764,773 including:
$57,103 to the Judicial Department, and 0.5 FTE; and
$707,670 to the Department of Corrections, and 3.4 FTE, of which $50,000 is reappropriated
to the Office of Information Technology.
In addition, the bill also requires a FY 2024-25 appropriation of $321,000 from the Offender
Services Cash Fund to the Judicial Department.
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February 21, 2024 HB 24-1101
Departmental Difference
The Judicial Department assumes that due to projected decrease in cash fund balance in the
Offender Services Cash Fund, costs for contracting with restorative justice programs should be
transferred from the General Fund to the Offender Services Cash Fund, or come from another
cash fund (such as the Restorative Justice Surcharge Cash Fund). While the fiscal note does
acknowledge the decreased balance over the years, there still remains a balance sufficient to
cover the estimated costs in FY 2024-25 and FY 2025-26; therefore, the fiscal note assumes costs
will be covered by the cash fund in those years.
State and Local Government Contacts
Corrections District Attorneys Human Services
Judicial Public Safety
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 the General Assembly website.