Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT JUDICIARY

Date:01/17/2006
ATTENDANCE
Time:10:32 AM to 11:34 AM
Bacon
X
Boyd
X
Place:HCR 0112
Carroll M.
X
Clapp
X
This Meeting was called to order by
Decker
X
Representative Carroll T.
Dyer
X
Gardner
X
This Report was prepared by
Gordon
X
Jessika Shipley
Hefley
X
Jahn
X
Judd
X
McGihon
X
Mitchell
X
Shaffer
X
Traylor
X
Witwer
X
Carroll T.
X
Grossman
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
JBC Briefing - Department of Corrections
JBC Briefing - Judicial Branch
JBC Briefing - Department of Law
JBC Briefing - Department of Public Safety		-
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10:33 AM

Representative Plant began the briefing with an overview of the 2006-2007 budget requests, as well as the Joint Budget Committee (JBC) analysis of the issues facing various departments for which the committee has oversight responsibilities. He discussed the five-year plans that each department was asked to prepare and referred the committee to the memorandum entitled Information on Departmental Budget Requests, which was distributed to the committee (Attachment A). He began with the Department of Corrections. Senator Mitchell asked what the motivation is for creating five-year plans for the departments and if there is a model for their creation. Representative Plant responded that the JBC feels that a big picture with real measurable goals is a key component of a realistic budget. Senator Owen pointed out that the executive branch has a strategic plan and the items sent to the JBC are in accord with that strategic plans. Senator Tapia added that there were two different viewpoints at their initial meetings and the five-year plans were a compromise between the two. Representative Buescher stated that the JBC absolutely needs clearly-articulated, numerically-accurate goals in order to create a budget. Representative Gardner commented that he hopes private prisons are being included in any discussions of five-year plans because they are an excellent resource for the Department of Corrections. Representative Plant stated that private prisons are being included because they have the only unoccupied beds in the state at this point.





10:48 AM

Representative Plant further discussed the fact that the Department of Corrections accounts for a larger share of the state's operating budget than ever before and that percentage is expected to grow. The JBC is looking to the committees of reference to address the underlying policy issues that drive costs. Representative Judd asked if "policy" is the same thing as sentencing or mandatory parole. He asked that Representative Plant put it into terms with which the committee is familiar. Representative Plant answered that those things are included, as well as anything else that affects how the various departments for which the committees have oversight are run and interact with each other. He then directed the committee to a list of budget changes requested by the Department of Corrections and the overview of those decision items, pointing out that the list constitutes an increase of approximately $30 million. Senator Tapia commented that the increase in FTE is due, in part, to the increase in female inmates and an expansion at the Pueblo facility. Senator Owen added that private prisons are reluctant to accept female inmates and the JBC is studying that policy. Representative Plant concluded by stating that the Department of Corrections downsized during the economic recession and is now looking to return to a higher level of staffing.


10:57 AM

Senator Tapia discussed the Judicial Branch and how their budget requests are not included with those of the Executive Branch. He listed some of the key responsibilities of the Judicial Branch, including fair and impartial resolution of civil disputes and criminal charges and appellate review of trial court decisions. He directed the committee to Attachment A for the major funding changes requested by the Judicial Branch, including six new District Court judges, new courthouse staffing, and new probation officers. The major Judicial Branch priorities include new trial and appellate courts, as well as an increase in probation and administrative services. Senator Tapia stressed the need for an expansion of probation staff in order to address caseload issues. He also pointed out that contract attorneys for both the Alternate Defense Counsel and the Office of the Child's Representative are paid very low wages and the goal of the Judicial Branch is to raise those levels incrementally.


11:09 AM

Senator Tapia moved on to the Department of Law. He pointed out that only 20% of the Department's budget comes from the General Fund. He listed the key responsibilities of the Department of Law, which include civil litigation, criminal enforcement, and legal counsel and advice to the state. He pointed out a table listing legal services expenditures by state agency. He referred to the summary of major legislation affecting the department and discussed major funding changes for FY 2005-06. Representative McGihon asked if the salaries in the Attorney General's Office were increased last year. Senator Tapia stated that they were increased, but the Attorney General asked for a further increase because he has difficulty in getting and keeping quality staff because the salaries are not comparable with the private sector. Senator Grossman pointed out that when the salaries are increased in the Attorney General's Office, all other state agencies are then forced to raise salaries for staff attorneys. Discussion regarding the salary survey by the Attorney General's Office ensued.










11:20 AM

Senator Tapia then discussed the Department of Public Safety, which receives approximately 27% of its budget from the General Fund. He listed the various responsibilities of the Department of Public Safety and discussed the factors driving the budget, including the State Patrol, the Colorado Bureau of Investigation (CBI), laboratory services to law enforcement, and other investigative services. He also talked about a new CBI lab that is a cooperative effort with Mesa State College. Moving on to the decision items, Senator Tapia highlighted the Division of Criminal Justice's need for an increase in the community provider rate in order to keep juveniles out of prison. Senator Owen discussed the increase in FTE for homeland security and his concern about state troopers being used for that. He asked the committee to question the department on that issue. He also asked if the committee would be willing to ask about opening community corrections beds as a short-term relief to the bed shortages within the Department of Corrections.


11:32 AM

Representative T. Carroll made some announcements and adjourned the meeting.