HOUSE BILL 12-1336
      
      
      BY REPRESENTATIVE(S) Becker and Levy, Gerou, Barker, Bradford,
      Fields, Gardner B., Hamner, Kagan, Kefalas, Labuda, Lee, Pace, Ramirez,
      Singer, Todd, Wilson, Conti, Coram, Jones, Kerr J., Vigil;
      also SENATOR(S) Steadman and Lambert, Hodge, Aguilar, Brophy, Heath,
      King S.
      
      
      Concerning authorization of a prison utilization analysis, and, in
           connection therewith, making an appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-37-202 as
      follows:
      
           24-37-202.  Prison utilization study - repeal. (1) (a)  The office
      shall contract for a department of corrections system-wide
      analysis by July 1, 2012, or as soon as possible thereafter, that
      identifies the most appropriate and cost-effective uses of the
      available public and private inmate beds that house the
      department of corrections' jurisdictional population. The office
      shall not select a vendor to perform the contract if the vendor
      has a known conflict of interest that may interfere with its
      ability to produce an objective report. The analysis shall consider
      different possible scenarios of population growth or decline and
      changes in the composition of the inmate population including
      level of risk, length of sentence, and associated programmatic
      needs. The office is encouraged to convene an advisory group of
      interested stakeholders and persons with correctional expertise
      to assist the office in developing the options required by
      paragraph (b) of this subsection (1). If an advisory group is formed,
      the individuals selected will serve voluntarily and without
      compensation. In addition, the office shall provide an opportunity
      for public comment regarding developing the options required by
      paragraph (b) of this subsection (1).
      
           (b)  Using the results of the analysis in paragraph (a) of this
      subsection (1), the office, in consultation with the joint budget
      committee and any advisory group convened pursuant to
      paragraph (a) of this subsection (1), shall identify, evaluate, and
      prioritize options for five fiscal years, beginning with fiscal year
      2013-14, for the best use of available public and private inmate
      beds that house the department of corrections' jurisdictional
      population. The options may include, but need not be limited to,
      reduction in prison beds, decommissioning prison facilities,
      optimizing staffing levels, or repurposing existing facilities.
      
           (c)  The office shall provide the joint budget committee with
      quarterly updates on the progress of the analysis and engage the
      joint budget committee in discussions regarding developing the
      options required by paragraph (b) of this subsection (1).
      
           (d)  The office shall provide a status report to the judiciary
      committees of the house of representatives and senate by January
      31, 2013.
      
           (2)  In developing the options pursuant to subsection (1) of
      this section, the office and the joint budget committee shall
      consider the following factors:
      
           (a)  Public safety;
      
           (b)  The operational needs of the department of corrections;
      
           (c)  Facility characteristics including, but not limited to,
      the location, physical plant, mission, custody level, and potential
      for repurposing;
      
           (d)  Inmate classifications, rights, and needs;
      
           (e)  Efficiency and cost of operations;
      
           (f)  Impact on the local community with emphasis on
      economic impact and impact to public school funding;
      
           (g)  Impact on the public and private workforce;
      
           (h)  Impact of staffing levels on safety, outcomes, turnover
      rates, and payroll practices, including overtime and compensation
      policies;
      
           (i)  Impact on relevant stakeholders;
      
           (j)  Effectiveness of programming and outcomes;
      
           (k)  State constitutional limitations related to the state
      personnel system; and
      
           (l)  Any other relevant factors.
      
           (3)  This section is exempt from the requirements of section
      2-3-303.3, C.R.S.
      
           (4)  This section is repealed, effective July 1, 2014.
      
           SECTION 2.  Appropriation. In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      general fund not otherwise appropriated, to office of the governor, for the
      fiscal year beginning July 1, 2012, the sum of $350,000, or so much thereof
      as may be necessary, for allocation to the office of state planning and
      budgeting for a prison utilization study related to the implementation of this
      act.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO