HB 25-1116 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature HB 25-1116: DOC SEARCH COURT RECORDS BEFORE OFFENDER RELEASE Prime Sponsors: Rep. Armagost; Bacon Sen. Pelton R. Published for: House Judiciary Drafting number: LLS 25-0078 Fiscal Analyst: Aaron Carpenter, 303-866-4918 aaron.carpenter@coleg.gov Version: Initial Fiscal Note Date: January 31, 2025 Fiscal note status: This fiscal note reflects the introduced bill. Due to time constraints, this analysis is preliminary and will be updated following further review and any additional information received Summary Information Overview. The bill requires the Department of Corrections to conduct a search for outstanding warrants and cases for offenders in its custody. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: State Expenditures Local Government Appropriations. For FY 2025-26, the bill requires an appropriation of at least $60,899 to the Department of Corrections. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures at least $75,692 at least $86,027 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE at least 0.8 FTE at least 1.0 FTE 1 Fund sources for these impacts are shown in the tables below. Page 2 January 31, 2025 HB 25-1116 Table 1A State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 General Fund $60,899 $67,536 Cash Funds $0 $0 Federal Funds $0 $0 Centrally Appropriated $14,793 $18,491 Total Expenditures $75,692 $86,027 Total FTE 0.8 FTE 1.0 FTE Summary of Legislation The bill requires the Department of Corrections (DOC) to conduct a search for any outstanding warrants for persons in DOC custody under the following circumstances: initial admission to the DOC; upon initial comprehensive evaluation of the Time Computation Unit; six months after admission; between three and six months before a community corrections eligibility date; and upon request of the Public Defender liaison. If after conducting the search the DOC finds an outstanding warrant or case, the DOC must notify all relevant parties outlined in the bill. State Expenditures The bill increases state expenditures in the Department of Corrections by at least $76,000 in FY 2025-26, $86,000 in FY 2026-27, and similar amounts ongoing. These costs, paid from the General Fund, are summarized in Table 2 and discussed below. The bill also minimally affects workload in other criminal justice agencies. Page 3 January 31, 2025 HB 25-1116 Table 2 State Expenditures Department of Corrections Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Personal Services $52,205 $65,256 Operating Expenses $1,024 $1,280 Capital Outlay Costs $6,670 $0 Software Costs $1,000 $1,000 Centrally Appropriated Costs $14,793 $18,491 Total Costs at least $75,692 at least $86,027 Total FTE at least 0.8 FTE at least 1.0 FTE Staff The DOC needs at least 1.0 FTE to conduct searches and to notified the required parties outlined in the bill. According to the department’s December 2024 monthly population report, there were 5,741 admissions and 5,372 releases. This totals at least 11,100 searches in one year. Assuming at least 11 minutes to search for cases and to notify impacted parties, this will require at least 1.0 FTE. This estimate is preliminary. It does not include an estimate for the number of searches that may be requested by the public defender liaison, nor does it include the other three instances where a search is required. As such, the caseload estimate, as well as the amount of time it takes to search and notify parties, may be revised. Software Costs The department will require additional licenses for their computer system to conduct more searches. This cost is preliminarily estimated at $1,000. Other Criminal Justice Impacts The bill may impact other criminal justice agencies, such as the trial courts and agencies that represent indigent offenders, if the bill results in more criminal cases. The fiscal note assumes any additional cases will be minimal. 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 may include employee insurance, supplemental employee retirement payments, leased space, and indirect cost assessments, are shown in the expenditure table above. Page 4 January 31, 2025 HB 25-1116 Local Government Similar to the state, if the bill results in more criminal cases, workload to District Attorneys will increase. This is assumed to be minimal. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State Appropriations For FY 2025-26, the bill requires a General Fund appropriation of at least $60,899 to the Department of Corrections, and 0.8 FTE. State and Local Government Contacts Corrections District Attorneys Information Technology 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.