SB 25-012 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-012: FINANCIAL ASSISTANCE FOR COUNTY JAILS Prime Sponsors: Sen. Amabile; Gonzales Rep. Armagost Published for: Senate Judiciary Drafting number: LLS 25-0301 Fiscal Analyst: Aaron Carpenter, 303-866-4918 aaron.carpenter@coleg.gov Version: Initial Fiscal Note Date: January 15, 2025 Fiscal note status: The fiscal note reflects the introduced bill, which was recommended by the Legislative Oversight Committee Concerning Colorado Jails Standards. Summary Information Overview. The bill renames the Underfunded Courthouse Facility Cash Fund and allows it to be used for jail facility upgrades. Types of impacts. The bill is projected to affect the following areas: Minimal State Workload Local Government Appropriations. No appropriation is required; however, the General Assembly may choose to appropriate additional funding to the cash fund. Table 1 State Fiscal Impacts Type of Impact Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $0 $0 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 0.0 FTE 0.0 FTE Page 2 January 15, 2025 SB 25-012 Summary of Legislation The bill renames the Underfunded Courthouse Facility Cash Fund to the Underfunded Court and Jail Facility Cash Fund (cash fund), and the Underfunded Courthouse Facility Cash Fund Commission to the Underfunded Court and Jail Facility Cash Fund Commission (commission). In addition to current allowable uses, the bill allows the commission to award grants from the cash fund to: commission master planning services, match funds, or leverage grant funding for construction or remodeling projects of a jail facility; and cover up to 50 percent of a county’s voter-approved debt service for capital construction of a court or jail facility. Finally, the bill restricts the use of grants from the cash fund to new construction or remodeling of a court or jail facility. Grants cannot be used for the purchase of furniture, fixtures, or equipment. Background The cash fund was created in 2014 to provide grants to counties with limited financial resources for courthouse facility projects. Grants are awarded through the recommendation of the seven-member commission based on criteria outlined in statute. The General Assembly currently transfers $3.0 million from the General Fund to the cash fund, which is reappropriated to the Judicial Department. The department reports that the commission has received applications for $3.9 million during the last calendar year, leaving about $900,000 in applications unfunded due to the current appropriation. The department projects that the cash fund balance will decrease in future years with a projected ending balance of $4.2 million in FY 2025-26, $2.5 million in FY 2026-27, and $740,000 in FY 2027-28. State Expenditures Application Review Starting in FY 2025-26, workload in the commission within the Judicial Department will increase to the extent the commission receives additional applications for jail facility funding. The fiscal note assumes that the commission will make funding decisions on jail facilities and does not require input from the State Court Administrator’s office (SCAO). If input from the SCAO is expected, state expenditures will increase by $50,000 to hire a contractor who is an expert in jail facilities, as the SCAO does not possess this expertise. This assumes a contract architect at $250 per hour and each plan requiring 10 hours of analysis. Page 3 January 15, 2025 SB 25-012 Additional Funding The bill does not require additional appropriations to the cash fund; therefore, an increased appropriation is not indicated in the fiscal note. However, without additional appropriations, current funding to courthouses may be diverted to jail facilities, or the commission may choose to not fund jail facility projects. If both courthouses and jail facilities are to be fully funded, the appropriation to the cash fund should increase by an estimated $2.0 million, to $5.0 million annually. Ultimately, the amount of funding to the cash fund is at the discretion of the General Assembly, and decisions on grant funding is at the discretion of the commission. Local Government To the extent counties choose to apply for jail facility grants, workload to county governments and sheriffs departments will increase to write and approve applications. Revenue to specific county governments may increase based on funding decisions made by the commission. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State and Local Government Contacts Counties Judicial Sheriffs 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.