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 Appropriations
Drafting number: LLS 25-0298
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: First Revised Note
Date: March 10, 2025
Fiscal note status: The revised fiscal note reflects the introduced bill. It has been updated to reflect new
information.
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 $15,781 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) $15,781 $15,781
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.1 FTE 0.1 FTE
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March 10, 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 Code of Penal Discipline.
The DOC may adopt rules to govern the administration of visitation. The department is
prohibited from restricting visitation beyond what is necessary for routine facility operations or
the safety of the facility, and from restricting 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 related to visitation as
part of its annual SMART Act hearing.
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 $16,000 in
FY 2025-26 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) $15,781 $15,781
Total Costs $15,781 $15,781
Total FTE—Legal Services 0.1 FTE 0.1 FTE
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March 10, 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 $15,781 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 to advise and provide representation to the DOC
on visitation grievance cases. This is estimated to require 118 hours annually, which is the
equivalent of 0.1 FTE for the Department of Law.
Liability Costs
By creating a right to visitation, the bill may increase the state’s liability risk. The bill does not
create a specific right of action related to claims regarding DOC visitation. However, if a court
determines that an individual may bring a claim against the state due to the creation of this new
right, state expenditures will increase if the state is found liable. Because it is unknown how
courts may rule in the future, the fiscal note does not include additional liability costs and
assumes any adjustments will be made through the annual budget process.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2025-26, the bill requires a General Fund appropriation of $15,781 the Department of
Corrections, reappropriated to the Department of Law with 0.1 FTE.
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March 10, 2025 HB 25-1013
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 $50,000. Because the bill does not create a new right of action and the ability
for inmates to bring a claim depends on a change in legal precedent and future action by the
court, the fiscal note does not include these costs. Also, it is assumed most cases will be resolved
through the DOC grievance process.
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.