HB 25-1141
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1141: GIFT CARD & RETAIL PROPERTY CRIME PENALTIES
Prime Sponsors:
Rep. Bradley
Sen. Carson
Published for: House Judiciary
Drafting number: LLS 25-0353
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: Initial Fiscal Note
Date: February 21, 2025
Fiscal note status: This fiscal note reflects the introduced bill.
Summary Information
Overview. The bill mandates a prison sentence for burglary, robbery, or theft from a store when the
offender has prior convictions and adds gift cards to the offenses of theft and forgery.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Revenue
State Expenditures
TABOR Refunds
Local Government
Appropriations. For FY 2025-26, the bill requires a reduction in appropriations of $91,120 from the
Judicial Department.
Table 1
State Fiscal Impacts
Type of Impact
1
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue -$108,108 -$164,268
State Expenditures -$115,410 $1,629,303
Transferred Funds $0 $0
Change in TABOR Refunds -$108,108 -$164,268
Change in State FTE -1.3 FTE -1.4 FTE
1
Fund sources for these impacts are shown in the tables below. Page 2
February 21, 2025 HB 25-1141
Table 1A
State Revenue
Fund Source
Budget Year
FY 2025-26
Out Year
FY 2026-27
General Fund $0 $0
Cash Funds -$108,108 -$164,268
Total Revenue -$108,108 -$164,268
Table 1B
State Expenditures
Fund Source
Budget Year
FY 2025-26
Out Year
FY 2026-27
General Fund -$91,120 $1,655,444
Cash Funds $0 $0
Federal Funds $0 $0
Centrally Appropriated -$24,290 -$26,141
Total Expenditures -$115,410 $1,629,303
Total FTE -1.3 FTE -1.4 FTE
Summary of Legislation
The bill mandates a sentence to the Department of Corrections (DOC) for burglary, robbery, or
theft from a store if the offender has prior convictions, and adds gift cards to the offenses of
theft and forgery, as described below.
Mandatory Sentencing
The bill requires a sentence to the DOC if a person is convicted of burglary, robbery, or theft
from a store and has prior convictions in the last four years for any two offenses of burglary,
robbery, or theft from a store. A sentence imposed pursuant to this provision must be for at
least the midpoint of the presumptive range.
Offenses Related to Gift Cards
The bill adds gift cards to the crimes of theft and forgery. In determining the crime classification
for theft of a gift card based on value, the bill defines the value as the full monetary face value,
or the maximum potential value if it is a variable load gift card. Page 3
February 21, 2025 HB 25-1141
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill
that creates a new crime, changes the classification of an existing crime, or creates a new factual
basis for an existing crime. The following section outlines crimes that are comparable to the
offense in this bill and discusses assumptions on future rates of criminal convictions resulting
from the bill.
Prior Conviction Data
Theft and Forgery of Gift Cards
The bill creates a new factual basis for the existing offense of theft by adding gift cards to the
crime of theft. From FY 2021-22 to FY 2023-24, 3,685 individuals have been convicted and
sentenced for theft with a value of less than $300, a petty offense. The fiscal note assumes the
majority of gift cards have a value of less than $300. Of the persons convicted, 2,372 were male,
1,296 were female, and 17 did not have a gender identified. Demographically, 3,064 were White,
270 were Black/African American, 225 were Hispanic, 12 were Asian, 19 were American Indian,
89 were classified as "Other," and 6 did not have a race identified.
The bill also creates a new factual basis for the existing offense of forgery by adding gift cards.
From FY 2021-22 to FY 2023-24, zero offenders have been convicted and sentenced for the
offense of forgery of symbols of value usable in place of money.
This analysis assumes that there will be a minimal increase in criminal filings due to adding gift
cards to the list of theft and forgery. For theft, the fiscal note assumes district attorneys may
already prosecute these offenses as theft. For forgery, based on prior conviction data, the fiscal
note assumes instances of forging a gift card are minimal.
Mandatory Sentencing for Theft, Robbery, and Burglary of a Store
The bill requires a mandatory sentence at the midpoint of the presumptive range for any
offender convicted of theft, robbery, or burglary from a store who also has two prior convictions
of theft, robbery, or burglary from a store. Felony classifications for these offenses range from a
class 6 felony (the least serious) to a class 2 felony (the most serious). For reference, Table 2
below shows the minimum, midpoint, and maximum sentences by felony classification
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February 21, 2025 HB 25-1141
Table 2
Sentencing by Felony Classification
Felony Classification Minimum Sentence Midpoint Sentence Maximum Sentence
Class 2 8 years 16 years 24 years
Class 3 4 years 8 years 12 Years
Class 4 2 years 4 years 6 years
Class 5 1 year 1.5 years 3 years
Class 6 1 year 1.25 years 1.5 years
Because the minimum sentence for a class 2 felony falls outside the five-year period, the fiscal
note only looks at changes for class 3 through 6 felonies. Currently, there are about
3,166 individuals sentenced to the DOC for theft, robbery, or burglary. Of those, about
757 received a sentence of less than the midpoint. Based on the amount of individuals currently
on probation who have prior convictions, the fiscal note estimates that 26 percent of individuals
sentenced have a prior conviction for theft, robbery, or burglary. In addition, the fiscal note
assumes that 19 percent of those occurred in a store based on Colorado Crime Stats data from
2022 and 2023. Applying these factors would result in longer sentences for about 35 individuals.
The DOC’s FY 2022 Statistical Report indicates that, on average, class 6 felony offenders spend
51 percent of their sentence in prison; for class 5 felonies, 49 percent; for class 4 felonies,
45 percent; and class 3 felonies, 50 percent. Assuming these 35 individuals currently receive the
minimum sentence and under the bill would instead receive the midpoint, and further
considering the current count of specific felony classifications sentenced to the DOC, as well as
the average amount of time spent in prison, this results in:
10 individuals staying an additional 1.5 months for a class 6 felony;
5 individuals staying an additional 5.9 months for a class 5 felony;
12 individuals staying an additional 10.7 months for a class 4 felony; and
8 individuals staying an additional 23.9 months for a class 3 felony.
In addition to longer prison sentences, the bill also mandates sentences to the DOC. Currently,
there are 1,420 individuals sentenced to probation for theft, robbery, and burglary. Using the
above assumptions of prior convictions and the percentage of offenses occurring in a store, it is
estimated that 70 individuals per year will receive a sentence to the DOC instead of to
probation. Using sentencing data and assuming similar rates for the average sentences served
outlined above, it is assumed that:
10 individuals would have a class 6 felony, with a 7.7 month stay;
19 individuals would have a class 5 felony, with an 11.8 month stay;
26 individuals would have a class 4 felony, with a 21.4 month stay; and
15 individuals would have a class 3 felony, with a 47.8 month stay.
Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal
notes. Page 5
February 21, 2025 HB 25-1141
State Revenue
The bill reduces revenue to the Offender Surcharge Cash Fund by $108,108 in FY 2025-26 and
$164,268 in FY 2026-27, due to individuals being sentenced to the DOC in lieu of probation.
Currently, offenders sentenced to probation pay a $50 supervision surcharge, which is assessed
as one lump sum upon sentencing. The amounts listed above take into account current
indigency rates and collection rates of the department.
State Expenditures
On net, the bill decreases state expenditures by about $115,000 in FY 2025-26, and increases
state expenditures by about $1.6 million in FY 2026-27, with greater increases in future years.
These costs will be incurred in the Judicial Department and the Department of Corrections as
shown in Table 3 and described in the sections below. Costs are paid from the General Fund.
Table 3
State Expenditures
All Departments
Department
Budget Year
FY 2025-26
Out Year
FY 2026-27
Judicial Department -$115,410 -$124,618
Department of Corrections $0 $1,753,921
Total Costs -$115,410 $1,629,303
Judicial Department
The bill decreases expenditures in the Judicial Department by about $115,000 in FY 2025-26 and
about $125,000 in FY 2026-27 within the Division of Probation. The bill also increases workload
in the trial courts, and agencies that represent indigent clients as described below.
Probation Division
Based on the assumed number of individuals sentenced to probation under current law and who
will be sentenced to the DOC under the bill, as well as current case standards and staffing ratios
for probation officers, the division requires a reduction of 1.3 FTE. This includes 1.0 FTE
probation officers, 0.2 FTE supervisor, and 0.2 FTE support staff. Cost reductions are prorated for
an August 1, 2025, start date. These cost reductions are detailed in Table 3A.
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February 21, 2025 HB 25-1141
Table 3A
State Expenditures
Judicial Department
Cost Component
Budget Year
FY 2024-25
Out Year
FY 2025-26
Personal Services -$87,545 -$94,085
Operating Expenses -$3,575 -$4,392
Capital Outlay Costs $0 $0
Centrally Appropriated Costs -$24,290 -$26,141
Total Costs -$115,410 -$124,618
Total FTE -1.3 FTE -1.4 FTE
Trial Courts and Independent Agencies that Represent Indigent Clients
To the extent the bill increases the amount of time to litigate cases, due to the fact offenders
must be sentenced to the DOC and will be less likely to accept a plea agreement, workload in
the trial courts and offices that represent indigent clients (public defenders and the Office of
Alternate Defense Counsel) will increase. The fiscal note assumes that these cases already
involve intensive litigation and any increase will be minimal.
Department of Corrections
Section 2-2-701, C.R.S., requires Legislative Council Staff to provide information to the General
Assembly on long-term costs for prison capital construction, operations, and parole for any bill
that potentially increases periods of imprisonment in the Department of Corrections. These
impacts are described below.
DOC Prison and Parole Costs (Five-year Fiscal Impact)
Based on the assumptions provided in the Comparable Crime Analysis section, this bill increases
prison operating costs for the DOC by a total of about $13.3 million over the five-year period
beginning in FY 2025-26. The fiscal note assumes no prison or parole operating impacts will
occur in the first year due to the amount of time required for criminal filing, trial, disposition and
sentencing of each case. Table 3B shows the estimated cost of the bill over the next five fiscal
years.
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February 21, 2025 HB 25-1141
Table 3B
State Expenditures
Prison and Parole Operating Costs
Fiscal Year
Prison ADP
Impact
1
Prison
Cost
Parole ADP
Impact
1
Parole
Cost
Total
Cost
FY 2025-26 0.00 $0 0.00 $0 $0
FY 2026-27 71.24 $1,764,344 -1.24 -$10,424 $1,753,921
FY 2027-28 116.03 $2,873,486 19.88 $166,748 $3,040,234
FY 2028-29 139.03 $3,443,087 50.33 $422,122 $3,865,209
FY 2029-30 161.70 $4,004,599 74.31 $623,323 $4,627,922
Total Five-Year Cost $12,085,517 $1,201,770 $13,287,286
1
ADP impact signifies the bill’s effect on average daily populations in DOC.
DOC Capital Construction Costs
In addition to the five-year operating and parole impacts discussed above, Section 2-2-703,
C.R.S., requires that the General Assembly consider increased capital construction costs for the
DOC to house additional inmates. Based on the average per bed construction costs of previous
prison facilities, capital construction costs of $28.9 million would be required to increase prison
bed space in line with the estimated increase in prison population under this bill. If the General
Assembly determines that additional prison bed space is needed, this bill should include a
transfer of General Fund to the Capital Construction Fund, to be reappropriated to the
Corrections Expansion Reserve Fund. Money in the Corrections Expansion Reserve Fund is
available for future DOC construction projects, which would be identified and funded through
the annual budget process based on the state's overall prison needs.
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 the expenditure
tables above.
TABOR Refunds
The bill is expected to decrease the amount of state revenue required to be refunded to
taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the
December 2024 LCS revenue forecast. A forecast of state revenue subject to TABOR is not
available beyond FY 2026-27. Because TABOR refunds are paid from the General Fund,
decreased cash fund revenue will increase the amount of General Fund available to spend or
save. Page 8
February 21, 2025 HB 25-1141
Local Government
Similar to the state, costs to district attorneys will increase due to longer litigation resulting from
mandatory DOC sentences, and to establish prior convictions. Currently, more experienced
deputy district attorneys handle felony cases. If additional district attorneys are required, this will
increase costs in district attorney offices by an estimated $90,000. Exact impacts and the exact
FTE need will vary by district. District attorney offices are funded at the county level.
Technical Note
Offender Surcharge Cash Fund Insolvency
The fee that probationers are charged is set in statute at $50. Decreasing the amount of money
in the Offender Surcharge Cash Fund may require the General Assembly to increase the fee in
statue in future years to avoid solvency issues. Currently, the fund is projected to become
insolvent in FY 2027-28.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed, and applies to offenses on or after this date.
State Appropriations
For FY 2025-26, the bill requires a General Fund appropriation reduction of $91,120 to the
Judicial Department and 1.3 FTE.
State and Local Government Contacts
Corrections
District Attorneys
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.