HB 25-1013
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1013: DOC VISITATION RIGHTS
Prime Sponsors:
Rep. English; Bacon
Sen. Coleman
Published for: House Judiciary
Drafting number: LLS 25-0298
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: Initial Fiscal Note
Date: February 3, 2025
Fiscal note status: The fiscal note reflects the introduced bill.
Summary Information
Overview. The bill creates a right to visitation for inmates in the Department of Corrections.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Expenditures
Appropriations. For FY 2025-26, the bill requires an appropriation of $78,907 to the Department of
Corrections.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures (General Fund) $78,907 $182,907
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.3 FTE 0.3 FTE
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February 3, 2025 HB 25-1013
Summary of Legislation
The bill creates a right to visitation for persons confined in the Department of Corrections
(DOC), including those in restrictive housing or sanctioned by the DOC penal code. Specifically,
the bill prohibits the DOC to restrict visitation beyond what is necessary for routine facility
operations or the safety of the facility, and restrict a visitor’s ability to visit a person confined as
long as the person agrees to follow visitation rules. In addition, if a confined person gives
reasonable notice, the DOC must make all efforts to allow the person to participate in the
visitation. The bill allows a confined person to file a grievance if visitation is denied. Finally, the
bill requires the DOC to report to the General Assembly on the number of grievances.
Background
Currently, all inmates are permitted non-contact, contact, and video visitation, except those
placed in temporary restricted housing or temporarily sanctioned for violations under DOC’s
Code of Penal Discipline.
State Expenditures
The bill will increase state expenditures in the Department of Corrections by about $79,000 in
FY 2025-26 and $183,000 in FY 2026-27 and ongoing. These costs, paid from the General Fund,
are summarized in Table 2 and discussed below.
Table 2
State Expenditures
Department of Corrections
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Legal Services (reappropriated to Dept. of Law) $78,907 $78,907
Liability Costs (reappropriated to Dept. of Personnel) $0 $104,000
Total Costs $78,907 $182,907
Total FTE—Legal Services 0.3 FTE 0.3 FTE
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February 3, 2025 HB 25-1013
Visitation
The DOC will be required to adjust its visitation policy and procedures to reflect the new right to
visitation, including for offenders in restrictive placements. The DOC may be required to adjust
staffing or workflow to accommodate visitation for offenders who are not currently eligible for
visitation.
Grievance Process
The bill may increase the number of grievances filed with the DOC. Currently, confined
individuals may file a grievance about visitation unless it is related to a Code of Penal Discipline
violation-related visitation restriction, which is no longer an exception under the bill. Because
the population with visitation restrictions is a fraction of the overall prison population, an
increase in grievances is assumed to be manageable within existing appropriations.
Legal Services
Starting in FY 2025-26, the bill increases legal services costs in the DOC by $78,907 per year.
Legal services are provided by the Department of Law at a rate of $133.74 per hour. The
Department of Law will provide legal guidance during rulemaking, as well as advise and provide
representation to the DOC on visitation grievance cases. This is estimated to require 590 hours
annually, which is the equivalent of 0.3 FTE for the Department of Law.
Liability Costs
By creating a right to visitation, the bill will increase the state’s liability risk. Assuming it takes
time to exhaust the administrative grievance process, it is assumed that any liability claims
against the state will begin in FY 2026-27. It is assumed that three cases will advance from the
grievance process to the courts. Each case will require $18,000 in legal costs, on average.
Further, one case per year is estimated to involve a settlement or damage award with the state,
and that the average settlement amount will be approximately $50,000. Total legal and
settlement costs through the states risk management program are estimated at $104,000 per
year. Cost may be higher or lower depending on the exact number of cases, the exact amount of
settlement or jury awards, and the use of non-monetary settlement terms. Settlement costs will
be paid from the Risk Management Fund using assessments reappropriated to DPA from the
DOC based on actual claims and updated actuarial assumptions, to be adjusted each year
through the annual budget process.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature. Page 4
February 3, 2025 HB 25-1013
State Appropriations
For FY 2025-26, the bill requires a General Fund appropriation of $78,907 to the Department of
Corrections, reappropriated to the Department of Law with 0.3 FTE.
Departmental Difference
The Department of Personnel and Administration estimates that the bill will increase risk
management costs for settlement and legal services by $1.0 million per year, with FY 2025-26
costs paid from the General Fund and future year costs paid using reappropriated funds from
the Department of Corrections. This is based on the assumption that there will be 24 cases per
year with legal costs of $18,000 per case, and 17 settlements per year with an average
settlement cost of about $50,000.
The fiscal note assumes that the DOC, with guidance from the Department of Law, will take all
necessary measures to minimize liability risk. Before cases move to courts, the DOC has a
grievance process that is expected to remedy most visitation-related complaints. Cases that
advance to courts may include non-monetary awards, such as agreements to allow visitation or
change the terms of visitation.
In addition, the fiscal note assumes that the prison population that will be most impacted by this
policy change is the approximate 850 inmates in restricted housing. Applying the DPA’s
assumptions to this smaller population results in an estimated 1 settlement per year, at a cost of
up to $50,000. The fiscal note assumes that these risk management-related costs will not occur
until FY 2026-27, once administrative remedies are exhausted.
State and Local Government Contacts
Corrections
Law
Personnel
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.