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April 14, 2024 HB 24-1445
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-1155
Rep. Bacon; Armagost
Sen. Gardner; Gonzales
Date:
Bill Status:
Fiscal Analyst:
April 14, 2024
House Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: PROBATION & PAROLE REPORTING & FEE CONDITIONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill prohibits payment of supervision fees as a condition of probation and parole
and allows offenders on probation or parole to meet with their officer remotely. The
bill increases state workload beginning in FY 2024-25.
Appropriation
Summary:
No appropriation is required. See Technical Note.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill requires the Judicial Department to report on probation and parole supervision fees that
were assessed in the previous year during their SMART Act hearing.
The bill requires probation and parole officers to schedule meetings in good faith at a mutually
agreeable time and allows for telephone or audio-visual meetings if consistent with court or
Parole Board orders. This provision applies to both adult and juvenile probationers and parolees.
The bill allows the Parole Board to grant, deny, defer, suspend, revoke, or specify or modify
condition of parole that is in the best interest of the defendant and the public. Payment of
supervision fees is not an allowable condition of parole, and parole may not be revoked for
nonpayment of these fees.
State Expenditures
The bill will increase workload to the Judicial Department to collect and report required fee
information. In addition, workload to the Judicial Department, the Department of Human
Services (CDHS), and the Department of Corrections will increase to ensure current practices
align with the bill’s meeting requirements. This workload is assumed to be minimal; no
additional appropriation is required. Page 2
April 14, 2024 HB 24-1445
Technical Note
In Section 4, the bill strikes language that gives the court the authority to charge a
$50 probation supervision fee. The fiscal note assumes that the bill seeks only to remove
nonpayment of the fee as a reason for revocation of probation, and not remove the ability of
the court to charge the fee. An amendment is required to clarify that the court may still set a fee
on probationers.
If the bill removes the ability for the court to set a supervision fee, the bill will increase state
General Fund expenditures by about $31.3 million in FY 2024-25 and $27.9 million in FY 2025-26
and ongoing. These costs include backfilling foregone revenue to various cash funds that
receive the supervision fee and hiring approximately 100 new probation officers:
Revenue backfill. Because the bill does not decrease the need for services that the
supervision fee covers, General Fund is required to backfill the lost revenue. Revenue loss is
estimated at $21.5 million in FY 2024-25 and $18.5 million in FY 2025-26.
Probation officers. Currently, the court can allow screening into private probation, with the
$50 fee paid to the third-party. Assuming the removal of the fee will curtail this program, the
state will require additional probation officers at an estimated cost of $9.8 million and 100
FTE in FY 2024-25 and $9.4 million and 100 FTE in FY 2025-26.
If the bill is not amended to clarify that the court may continue to charge a supervision fee, the
fiscal note will be revised to reflect these costs.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State and Local Government Contacts
Corrections 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.