SB 25-041
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
SB 25-041: COMPETENCY IN CRIM JUSTICE SYSTEM SERVICES & BAIL
Prime Sponsors:
Sen. Michaelson Jenet; Amabile
Rep. Bradfield; English
Published for: Senate Judiciary
Drafting number: LLS 25-0116
Fiscal Analyst:
Aaron Carpenter, 303-866-4918
aaron.carpenter@coleg.gov
Version: Initial Fiscal Note
Date: January 10, 2025
Fiscal note status: The fiscal note reflects the introduced bill, which was recommended by the Legislative
Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the
Criminal and Juvenile Justice Systems.
Summary Information
Overview. This bill clarifies what courts must consider when setting bail for defendants declared
incompetent to proceed and allows defendants to receive inpatient services from the Colorado
Department of Human Services for additional time after charges are dropped.
Types of impacts. The bill is projected to affect the following areas:
State Expenditures
Appropriations. For FY 2025-26, the bill requires an appropriation of at least $94,349 to the Department
of Local Affairs.
Table 1
State Fiscal Impacts
Type of Impact1
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures at least $94,349 at least $16,039
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
1
Table 1 shows only the required expenditures under the bill. See Tables 2 and 2B for more detail on
permitted Department of Human Services expenditures under the bill. Page 2
January 10, 2025 SB 25-041
Summary of Legislation
The bill clarifies what courts must consider when setting bail for a defendant declared
incompetent to proceed and allows the defendant to receive inpatient services from the
Colorado Department of Human Services (CDHS) for additional time after charges are dropped.
Bond Setting
Under current law, when a defendant is declared incompetent to proceed, but there is
substantial probability the defendant may be restored to competency, the court must hold a
bond hearing within seven days if the defendant is being held for a misdemeanor, petty offense,
or traffic offense. The bill clarifies that a court must ensure a defendant’s right to bail is not
interrupted due to a competency evaluation. If the court denies release through a personal
recognizance bond, the court must notify the CDHS of the reasons using a newly required form.
Competency Services
If criminal charges are dropped against a defendant receiving inpatient services from the CDHS,
the bill allows the defendant to receive inpatient services for an additional 90 days. The bill also
allows but does not require the CDHS to enter into agreements with organizations to provide
permanent supportive housing for persons whose charges are dismissed or who completed the
Bridges Program. The department must collect data on the individuals who receive housing and
share the information with the Department of Local Affairs (DOLA). Finally, the bill also requires
the Bridges Program to share information with the CDHS.
State Expenditures
The bill increases state expenditures in DOLA by at least $94,000 in FY 2025-26 and $16,000 in
FY 2026-27, paid from the General Fund. Additionally, CDHS may have expenditures of about
$106,000 in FY 2025-26 and $125,000 in FY 2026-27 and ongoing to administer housing
contracts, paid from the General Fund. The bill will also increase workload in the Bridges
Program and the Judicial Department.
Table 2
State Expenditures
All Departments
Department
Budget Year
FY 2025-26
Out Year
FY 2026-27
Department of Local Affairs at least $94,349 at least $16,039
Department of Human Services (permissive) $106,197 $124,409
Total Costs $200,546 $140,448 Page 3
January 10, 2025 SB 25-041
Department of Local Affairs
Expenditures in DOLA will increase by at least $94,000 in FY 2025-26 and $16,000 in FY 2026-27
to develop and maintain a cloud-based software to share data between the CDHS and DOLA.
This allows for the secure transfer of potentially sensitive data between agencies. Costs in
FY 2025-26 assume 11 weeks of development, testing, and support for the software. In addition,
the fiscal note assumes that because the bill only requires CDHS to share data with DOLA, that
DOLA will take a passive role in administering the bill. However, if it is expected that DOLA will
consult with the CDHS, DOLA will require an additional $25,000 and 0.3 FTE.
Table 2A
State Expenditures
Department of Local Affairs
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Computer Programming at least $94,349 at least $16,039
Total Costs $94,349 $16,039
Department of Human Services
Starting in FY 2025-26, if CDHS is to administer more contracts for housing services, the Office
of Civil and Forensic Mental Health requires 1.0 FTE to liaise with other state agencies, find and
work with new vendors, and to oversee the various contracts. This would increase expenditures
by $106,000 in FY 2025-26 and $124,000 in FY 2026-27, assuming that the CDHS will utilize
existing grant funding for contracted services. Because the bill is permissive, these costs are at
the discretion of the General Assembly.
Table 2B
State Expenditures
Department of Human Services
(permitted, but not required, by the bill)
Cost Component
Budget Year
FY 2025-26
Out Year
FY 2026-27
Personal Services $80,969 $101,211
Operating Expenses $1,024 $1,280
Capital Outlay Costs $6,670 $0
Centrally Appropriated Costs $17,534 $21,918
Total Costs $106,197 $124,409
Total FTE 0.8 FTE 1.0 FTE Page 4
January 10, 2025 SB 25-041
Bridges of Colorado Program
Starting in FY 2025-26, workload to the Bridges Program in the Judicial Department will increase
to provide any required data to the CDHS. This work can be accomplished within existing
resources.
Judicial Department
Workload in the trial courts will increase to develop a new form and to take additional
considerations when setting bail. Because judges already consider a variety of factors when
setting bail, and because it is expected that the additional form will not cause significantly more
workload to courtroom staff, this work can be accomplished within existing resources.
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.
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 $94,349 to the Department of
Local Affairs, which is fully reappropriated to the Office of Information Technology.
A FY 2025-26 appropriation of $88,663 to the Department of Human Services, and 0.8 FTE, is
required to enter into additional contracts and oversee organizations offering supportive
housing. As described in the State Expenditures section, this appropriation is permitted but not
required by the bill and is at the discretion of the General Assembly.
Page 5
January 10, 2025 SB 25-041
State and Local Government Contacts
Behavioral Health Administration
Bridges
District Attorneys
Human Services
Information Technology
Judicial
Local Affairs
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.