Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Memorandum
TO: Members of the House Judiciary Committee
FROM: Aaron Carpenter, Senior Fiscal Analyst
aaron.carpenter@coleg.gov, 303-866-4918
DATE: March 24, 2025
Fiscal Assessment of L.001 and L.002 HB 25-1214
This memorandum is an assessment of the fiscal impact of the attached proposed Amendments
L.001 and L.002 to House Bill 25-1214. This fiscal assessment is for the impact of the bill with
inclusion of these amendments only. Any other added amendment could influence the fiscal
impact.
Summary of Proposed Amendment s
Amendment L.001
Amendment L.001 adds level 3 and 4 drug felonies to the list of crimes for which incarceration
may be sentenced only when it is the most suitable option. It removes the requirement that the
court receive reports of available sentencing options and make specific findings. It clarifies that a
resentencing hearing for someone sentenced to the Department of Corrections (DOC) within
their parole eligibility date does not apply if there is a plea deal to incarceration. It prohibits the
Parole Board from denying parole granted under the bill due to failing to complete a treatment
or program. Finally, it makes other changes to clarify that procedures apply to the Victim’s
Rights Act.
Amendment L.002
Amendment L.002 removes the requirement that the DOC produce a list of eligible persons
under the bill for the Parole Board.
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Fiscal Impact of Amendments
The amendments increase state revenue and decrease state expenditures, as described below.
State Revenue
By adding crimes to the requirement that a court only sentence people to incarceration when it
is the most suitable option, the amendments increase sentences to probation. Using the same
assumptions outlined in the fiscal note dated March 10, 2025, revenue will increase by $2,856 in
FY 2025-26, $7,524 in FY 2026-27, $16,140 in FY 2027-28, and $19,200 in FY 2028-29.
State Expenditures
The amendments reduce state expenditures by removing reporting requirements, removing the
requirement that courts make specific findings, and by adding additional crimes that are
assumed to be sentenced to probation rather than the DOC. These changes result in a decrease
of expenditures of $1.6 million in FY 2025-26, $1.5 million in FY 2026-27, $0.9 million in FY 2027-
28, and $2.1 million in FY 2028-29.
Bill’s Revised Fiscal Impact with Amendments
State Revenue
As amended, the bill sentences additional individuals to probation, increasing Offender Services
Cash Fund revenue by an estimated $9,534 in FY 2025-26, $26,766 in FY 2026-27, $55,416 in
FY 2027-28, and $65,280 in FY 2028-29. This amounts are based on the assumed number of
individuals sentenced to probation, and factor in current indigence and collection rates of the
Judicial Department, and shown in Table 1.
State Expenditures
On net, the bill reduces state General Fund expenditures by $785,121 in FY 2025-26, $1.7 million
in FY 2026-27, $2.3 million in FY 2027-28, and $4.0 million in FY 2028-29. These expenditures
occur in the Judicial Department and the Department of Corrections as shown in Table 1 and
described below.
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Table 1
State Fiscal Impacts with Amendments L.001 and L.002
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
Out Year
FY 2027-28
Out Year
FY 2028-29
State Revenue $9,534 $26,766 $55,416 $65,280
State Expenditures -$785,121 -$1,658,037 -$2,264,007 -$4,001,716
Transferred Funds $0 $0 $0 $0
Change in TABOR Refunds $9,534 $26,766 not estimated not estimated
Change in FTE 0.7 FTE 1.8 FTE 2.6 FTE 2.6 FTE
Table 2
State Expenditures with Amendments L.001 and L.002
Department
Budget Year
FY 2025-26
Out Year
FY 2026-27
Out Year
FY 2027-28
Out Year
FY 2028-29
Judicial Department $81,169 $196,469 $281,480 $273,680
Department of Corrections -$866,290 -$1,854,506 -$2,545,487 -$4,275,396
Total Costs -$785,121 -$1,658,037 -$2,264,007 -$4,001,716
Judicial Department
As amended, the bill increases state expenditures in the Judicial Department due to additional
sentences to the Division of Probation. The bill also increases workload for the courts to conduct
additional hearings and make additional findings. Staff are prorated for an assumed
October 1, 2025, hire date in FY 2025-26.
Division of Probation
Based on the assumed number of cases sentenced to probation rather than the DOC in the bill
as amended, the Division of Probation requires 0.9 FTE in FY 2025-26, 1.8 FTE in FY 2026-27, and
2.6 FTE in FY 2027-28 and ongoing to manage increased presentencing report workload and the
increase in the number of individuals sentenced to probation instead of the DOC. This includes
0.7 FTE for probation officers in FY 2025-26, 1.4 FTE in FY 2026-27, and 2.0 FTE starting in
FY 2027-28. Each probation officer requires a probation supervisor, at a 1:6 ratio, and a staff
assistant at a 1:5 ratio resulting in the total FTE outlined above.
Trial Courts
Workload in the trial courts will increase to conduct additional resentencing hearings. This
assumes there will be 449 resentencing hearings, each requiring one hour, due to a DOC
sentence within 90 days of the individual’s parole eligibility date. This results in the need for
0.2 FTE magistrate, which is within the absorbable threshold for the courts.
Legislative Council Staff ∙ 200 E. Colfax Ave, Room 029 ∙ Denver CO 80203
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Table 2A
State Expenditures with Amendments L.001 and L.002
Judicial Department
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Out Year
FY 2027-28
Out Year
FY 2028-29
Personal Services $57,632 $147,316 $212,961 $212,961
Operating Expenses $2,481 $5,692 $8,615 $8,615
Capital Outlay Costs $7,000 $7,400 $7,800 $0
Centrally Appropriated Costs $14,056 $36,061 $52,104 $52,104
Total Costs $81,169 $196,469 $281,480 $273,680
Total FTE 0.7 FTE 1.8 FTE 2.6 FTE 2.6 FTE
Department of Corrections
The bill decreases expenditures in the DOC due to the assumption of fewer sentences; however,
the department requires additional staff resources in FY 2025-26 only, as described below.
Prison and Parole Decrease
Based on the assumptions above, this bill decreases prison and parole operating costs for the
DOC by a total of $17.8 million over the five-year period beginning in FY 2025-26. Table 2B
shows the estimated cost savings of the bill over the next five fiscal years. Savings in the first
year are prorated for the bill’s September 1, 2025, effective date.
Table 2B
State Expenditures with Amendments L.001 and L.002
Prison and Parole Operating Costs
Fiscal Year
Prison ADP
Impact
1
Prison
Cost
Parole ADP
Impact
1
Parole
Cost
Total
Cost
FY 2025-26 -33.52 -$830,100 -4.31 -$36,189 -$866,290
FY 2026-27 -90.13 -$2,232,075 -37.37 -$313,412 -$2,545,487
FY 2027-28 -141.32 -$3,499,887 -92.46 -$775,509 -$4,275,396
FY 2028-29 -152.38 -$3,773,688 -143.29 -$1,201,888 -$4,975,575
FY 2029-30 -152.38 -$3,773,688 -167.75 -$1,407,037 -$5,180,724
Total Five-Year Cost -$14,109,438 -$3,734,034 -$17,843,472
1
ADP impact signifies the bill’s effect on average daily populations in DOC.
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Parole Board
Parole Board workload will increase to hear additional parole applications and to provide the
reporting required by the bill. In addition, if more individuals are granted parole, workload in the
Division of Adult Parole will increase. Because it is unknown how Parole Board decisions will
change, the fiscal note assumes any adjustments in appropriations will be handled through the
annual budget process.
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.