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February 13, 2024 HB 24-1126
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0328
Rep. Lynch
Sen. Pelton B.
Date:
Bill Status:
Fiscal Analyst:
February 13, 2024
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: SUBSTANCE USE DISORDER TREATMENT AS BOND CONDITION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill allows the court to order a person to participate in a medically guided
treatment plan for a substance use disorder as a condition of bond. Starting in
FY 2024-25, the bill increases state and local expenditures.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $971,189 to the Judicial
Department.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1126
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures General Fund $971,189 $762,829
Centrally Appropriated $150,493 $150,493
Total Expenditures $1,121,682 $913,322
Total FTE 6.6 FTE 6.6 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $145,678 $114,424
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February 13, 2024 HB 24-1126
Summary of Legislation
The bill allows the court to order an offender to participate in a medically guided treatment plan
for a substance use disorder as a condition of bond, if:
the plan is recommended by a substance use doctor; and
the treatment provider and the offender have determined how the cost of compliance with
the plan will be accomplished.
If the court orders participation in a treatment plan, the court and treatment provider must
determine the process for the provider to report on the offender’s compliance. The plan may
include substance use monitoring at the provider’s recommendation or if required by state law.
If an offender fails to comply with the plan, the court may issue a warrant to bring the defendant
before the court.
Assumptions
According to Judicial Department data, there are about 186,000 criminal cases filed annually. It is
unknown how many of these cases involved defendants with a substance use disorder, and it is
unknown how many evaluations will be ordered by a judge. However, the fiscal note assumes
that at least 10 percent of cases will include an order of an evaluation and a treatment plan and
that those cases will include at least 1 hearing at 15 minutes for an evaluation and development
of a treatment plan. Finally, the fiscal note assumes that evaluations and treatment will be paid
by the defendant, not the state, and that treatment will occur on an outpatient basis.
State Expenditures
The bill increases General Fund expenditures in the Judicial Department by about $1.1 million in
FY 2024-25, and $913,000 in FY 2025-26. Expenditures are shown in Table 2 and discussed
below.
Table 2
Expenditures Under HB 24-1126
FY 2024-25 FY 2025-26
Judicial Department
Personal Services $744,435 $744,435
Operating Expenses $15,994 $15,994
Capital Outlay Costs $210,760 $2,400
Centrally Appropriated Costs
1
$150,493 $150,493
Total Cost $1,121,682 $913,322
Total FTE 6.6 FTE 6.6 FTE
1
Centrally appropriated costs are not included in the bill's appropriation. Page 3
February 13, 2024 HB 24-1126
Judicial Department. Based on the assumptions outlined above, the Judicial Department
requires 2.2 FTE county-level magistrates. Per Judicial Department common policies,
county-level magistrates require support staff at a 2:1 ratio, resulting in a need for an additional
4.4 FTE. Magistrates also require additional operating expenses ($4,420 per FTE per year) for
robes, a law library, and travel, and additional capital outlay ($77,609 per FTE in FY 2024-25 only)
for a courtroom, audio-visual equipment, and a conference room. Costs assume a July 1, 2024,
start date.
Potential future costs. These costs assume the low range of increased caseload. Reports show
that 40 to 60 percent of cases may involve an opportunity for substance use disorder treatment.
1
Under the bill, judges have discretion of ordering treatment as a condition of bond. If additional
resources are necessary, these will be requested through the annual budget process.
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
Similar to the state, to the extent there are additional hearings, workload to district attorney
offices will increase to attend additional hearings. District attorney offices are funded by
counties.
Effective Date
The bill takes effect July 1, 2024.
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $971,189 to the Judicial
Department, and 6.6 FTE.
1
The Prevalence of Substance Use Disorders among Community-based Adults with Legal Problems in the U.S. Retrieved from:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7500665/#:~:text=Among%20adults%20with%20current%20general,CI%20%3D%20
2.8%3B%204.4). Page 4
February 13, 2024 HB 24-1126
State and Local Government Contacts
Behavioral Health Administration District Attorneys Human Services
Judicial
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.