Date: 04/16/2012
Final
JBC Briefing on the Long Appropriations Bill
SENATE COMMITTEE ON JUDICIARY
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01:04 PM -- JBC Briefing on the Long Appropriations Bill
Senator Carroll, chair, called the meeting to order. Senator Lambert, Senator Hodge, and Senator Steadman, members of the Joint Budget Committee (JBC), were present to brief the committee on the FY 2012-13 budget package. Senator Newell and Senator Aguilar were also present at the hearing.
01:05 PM
Senator Steadman began his presentation on the portions of the budget package that affect the Department of Corrections (DOC). He noted that many personal services lines in the DOC were spared from reductions due to public safety reasons. He spoke about the decommissioning of the Colorado State Penitentiary (CSP) II. He also spoke about the previous decommissioning of the Fort Lyon Correctional Facility. Senator Steadman spoke about a decision item related to sex offender treatment for inmates. He said that the JBC did not approve that decision item, but instead approved a study of the subject. He spoke about litigation concerning this issue. Senator Carroll expressed support for the study.
01:09 PM
Senator Guzman sought additional information concerning certificates of participation (COP) payments related to CSP II that will continue to be due, even after it is closed. Senator Steadman discussed the payments that will be due and explained that the DOC is in conversations concerning the possibility that the federal government will eventually buy CSP II. Senator Newell asked about money appropriated to the DOC for statewide IT common policy adjustments. Conversation ensued between Senator Steadman and Senator Newell on this topic, with Senator Lambert weighing in as well.
01:14 PM
Senator Steadman continued his presentation, moving on to a discussion of the Judicial Branch. He noted that the JBC approved a 0.5 percent personal services reduction. He noted that salaries for judges are constitutionally protected. He discussed decision items related to the use of cash fund moneys for salary increases for court clerks. Senator Steadman spoke about funding provided for additional judgeships, which is related to legislation that passed in 2007. He moved on to a discussion of funding provided for pro se case coordinators. He discussed funding related to the oversight of conservators and guardianships. He then spoke about funding for the Drug Offender Surcharge Fund related to House Bill 10-1352.
01:21 PM
Senator Carroll expressed support for funding for additional probation officers. She also expressed support for funding increases for probate issues and pro se case coordinators. Senator Steadman noted that there are several independent offices housed under the Judicial Branch, including the Office of the State Public Defender (OSPD), the Office of the Alternate Defense Counsel (OADC), the Office of the Child's Representative (OCR), and the Independent Ethics Commission (IEC). He spoke about a decision item related to salary increases for new OSPD attorneys. He said that the decision item was not approved. He noted that the JBC did add $100,000 to the OSPD's budget so that the office may pay the annual attorney licensing fees for their staff, as is current practice for the Attorney General's Office and the Office of Legislative Legal Services.
01:24 PM
Senator Roberts asked if there is a point at which the OSPD's caseload will diminish due to legislation addressing drug crimes and technical parole violations. Senator Steadman said that there is a not a direct correlation between prison population decreases and decreases in caseloads. He noted that crime rates have been decreasing. He pointed out that more people are eligible for OSPD services when the economy is down. Senator Lambert spoke about perceptions that there is an inequity between the number of district attorneys and the number of public defenders, and how this ratio may change between urban and rural areas.
01:28 PM
Senator Newell expressed her understanding that the OCR and the OADC are not funded adequately. Senator Steadman responded to her remarks, with Senator Lambert weighing in as well.
01:30 PM
Senator Steadman moved on to a discussion of the budget for the Department of Law. He noted that the department will get seven new FTE related to consumer protection due to workload. He spoke about reductions related to the Lobato v. the State of Colorado lawsuit. Senator Carroll asked about a line item related to litigation expenses concerning the Lowry Range property. Senator Steadman said that the litigation is related to water issues. Senator Carroll thanked the JBC for adding additional FTE to address consumer protection issues.
01:34 PM
Senator Aguilar asked about appropriations related to the actions taken by the Attorney General to challenge the new federal law concerning health care.
01:35 PM
Senator Steadman concluded his presentation by discussing the budget for the Department of Public Safety. He noted that some Drug Offender Surcharge Fund moneys go to the department for community corrections. Senator Carroll asked about discussions concerning putting the Governor's Office of Homeland Security under the Department of Public Safety. She asked how the budget addresses this discussion. Senator Lambert spoke about pending legislation on this topic. He pointed the committee to various sections of the Long Bill narrative concerning where the responsibilities of the Office of Homeland Security would be reflected in other departments.
01:41 PM
Senator Carroll asked about funding for the Colorado Crime Information Center (CCIC). She asked how CCIC relates to the Colorado Integrated Criminal Justice Information System (CICJIS). She also asked for information about backlogs on fingerprinting by the Colorado Bureau of Investigation. She asked whether any funding addresses this backlog. Senator Steadman responded to her question.
01:44 PM
Senator Lambert spoke about past JBC legislation concerning the Office of Information Technology and the need to ensure a means of communication among all parties in rural and urban areas, particularly during emergencies. He spoke about how this need relates to the work of the Colorado State Patrol and the Department of Public Safety.
01:45 PM
Senator Carroll thanked the JBC for their work.
01:46 PM
The committee adjourned.