SENATE 3rd Reading Unamended April 27, 2012 SENATE Amended 2nd Reading April 26, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0426.01 Michael Dohr x4347 SENATE BILL 12-104 SENATE SPONSORSHIP Steadman, Aguilar, Guzman, Morse, Newell, Renfroe, Roberts HOUSE SPONSORSHIP DelGrosso, Kerr A., Lee, Pabon, Vigil Senate Committees House Committees Judiciary Finance Appropriations A BILL FOR AN ACT Concerning consolidation of drug treatment funding into the correctional treatment fund, and, in connection therewith, making and reducing appropriations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, there are 3 major state funding sources for substance abuse treatment. The bill consolidates the 3 sources into the correctional treatment cash fund (fund). The bill creates the correctional treatment board (board) that will prepare an annual treatment plan that the judicial department shall include in its annual presentation to the joint budget committee. The board shall review information regarding drug treatment programs in the state provided by the department of human services and suggestions from judicial district drug treatment boards before preparing the annual treatment plan. Currently, the drug treatment board for each judicial district recommends allocations of moneys for local drug treatment needs from one of the existing treatment funds. Each judicial district drug treatment board will be expanded to include a community corrections board chair, a local parole officer, a person with expertise in juvenile matters, and a county sheriff. The judicial district drug treatment boards will make suggestions to the board regarding assessed local drug treatment needs. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-19-103, amend (3) (d), (3.5) (b), (4) (a), (5), and (5.5); add (4) (a.5); and repeal (3.5) (a) as follows: 18-19-103. Source of revenues - allocation of moneys - repeal. (3) The clerk of the court shall disburse the surcharge required by subsection (1) of this section as follows: (d) Ninety percent shall be disbursed to the state treasurer who shall credit the same to the drug offender surcharge fund correctional treatment cash fund created pursuant to subsection (4) of this section. (3.5) (a) Moneys appropriated by the general assembly pursuant to House Bill 10-1352, enacted in 2010, shall be deposited into the drug offender surcharge fund created pursuant to subsection (4) of this section. and shall be allocated pursuant to section 16-11.5-102 (3) (c), C.R.S. (b) Each fiscal year, The general assembly shall appropriate to the drug offender surcharge fund correctional treatment cash fund created pursuant to subsection (4) of this section the savings generated by at least seven million six hundred fifty-six thousand two hundred dollars in fiscal year 2012-13 from the general fund, at least nine million five hundred thousand dollars in fiscal year 2013-14 from the general fund, and each year thereafter generated from estimated savings from House Bill 10-1352, enacted in 2010. The appropriation shall be made after consideration of the division of criminal justice's annual report required pursuant to section 24-33.5-503 (1) (u), C.R.S. (4) (a) There is hereby created in the state treasury a drug offender surcharge fund the correctional treatment cash fund, referred to in this paragraph (a) as the "fund", which shall consist of moneys received by the state treasurer pursuant to paragraph (d) of subsection (3) of this section and subsection (3.5) of this section, and, in addition, each year, the general assembly shall appropriate at least two million two hundred thousand dollars generated from estimated savings from the enactment of Senate Bill 03-318, enacted in 2003, to the fund. The moneys in the fund shall be used for the purposes described in paragraph (c) of subsection (5) of this section. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the drug offender surcharge fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial department, the department of corrections, the division of criminal justice of the department of public safety, and the department of human services, after consideration of the plan developed pursuant to section 16-11.5-102 (3), C.R.S., to cover the costs associated with substance abuse assessment, testing, education, and treatment. (a.5) After the drug offender surcharge fund is renamed the correctional treatment cash fund, any appropriation made by the general assembly from the drug offender surcharge fund for the fiscal year commencing on July 1, 2011, is from the correctional treatment cash fund created in paragraph (a) of this subsection (4). This paragraph (a.5) is repealed, effective July 1, 2012. (5) The department of public safety shall award such moneys received by it pursuant to subsection (4) of this section as are designated in the plan developed pursuant to section 16-11.5-102 (3), C.R.S., and appropriated by the general assembly for such purpose (a) The correctional treatment board, created herein and referred to in this subsection (5) as the "board", shall prepare an annual treatment funding plan that includes a fair and reasonable allocation of resources for programs throughout the state. The judicial department shall include the annual treatment funding plan in its annual presentation to the joint budget committee. (b) The board consists of: (I) The executive director of the department of corrections or his or her designee; (II) The director of the division of probation services in the judicial department or his or her designee; (III) The executive director of the department of public safety or his or her designee; (IV) The executive director of the department of human services or his or her designee. If the executive director appoints a designee, the executive director is encouraged to select someone with expertise in addiction counseling and substance abuse issues; (V) The state public defender or his or her designee; (VI) The president of the statewide association representing district attorneys or his or her designee; and (VII) The president of the statewide association representing county sheriffs or his or her designee. (c) The board may direct that moneys in the correctional treatment cash fund may be used for the following purposes: (I) Alcohol and drug screening, assessment, and evaluation; (II) Alcohol and drug testing; (III) Substance abuse education and training; (IV) An annual statewide conference regarding substance abuse treatment; (V) Treatment for assessed substance abuse and co-occurring disorders; (VI) Recovery support services; and (VII) Administrative support to the correctional treatment board including, but not limited to, facilitating and coordinating data collection, conducting data analysis, developing contracts, preparing reports, scheduling and staffing board and subcommittee meetings, and engaging in budget planning and analysis. (d) Moneys from the correctional treatment cash fund may be used to serve the following populations: (I) Adults and juveniles serving a diversion sentence for a state offense; (II) Adults and juveniles serving a probation sentence for a state offense, including Denver county; (III) Adults and juveniles on parole; (IV) Offenders sentenced or transitioned to a community corrections program; and (V) Offenders serving a sentence in a county jail, on a work-release program supervised by the county jail, or receiving after-care treatment following release from jail if the offender participated in a jail treatment program. (e) Before adopting the annual treatment fund plan, the board shall review the information specified in paragraph (f) of this subsection (5) and shall consider proposals from the drug offender treatment boards created in section 18-19-104 for funding local assessed treatment needs. (f) The board shall determine the scope, method, and frequency of the data collection and the parties responsible for data collection, analysis, and reporting. The data shall be organized by judicial district and shall include, at a minimum, the following from each treatment program: (I) Name and location of the program, including the county and judicial district; (II) The referring criminal agency; (III) Demographic information including gender and ethnicity; (IV) Level of treatment delivered; (V) Actual length of time in treatment for each client; (VI) Discharge status and, if the status is negative, the reason for the negative discharge; and (VII) Any special licenses held by the treatment program. (5.5) (a) There is hereby created in the state treasury a drug offender treatment fund that shall consist of moneys appropriated thereto. In addition, the fund may accept gifts, grants, and donations. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the drug offender treatment fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial department for allocation to the interagency task force on treatment for costs associated with community-based substance abuse treatment On July 1, 2012, the state treasurer shall transfer all unencumbered moneys that remain in the drug offender treatment fund to the correctional treatment cash fund created in subsection (4) of this section. This subsection (5.5) is repealed, effective July 2, 2012. (b) Notwithstanding any provision of paragraph (a) of this subsection (5.5) to the contrary, on April 20, 2009, the state treasurer shall deduct three hundred fifty thousand dollars from the fund and transfer such sum to the general fund. (c) Notwithstanding any provision of paragraph (a) of this subsection (5.5) to the contrary, on June 30, 2011, the state treasurer shall deduct six hundred seventy-two thousand seven hundred twenty-five dollars from the drug offender treatment fund and transfer such sum to the general fund. SECTION 2. In Colorado Revised Statutes, 18-19-104, amend (1) and (2) and repeal (4) as follows: 18-19-104. Judicial district drug offender treatment boards. (1) Each judicial district shall create a drug offender treatment board, whose membership is knowledgeable about adult criminal and juvenile justice matters, consisting of: (a) The district attorney serving the judicial district or his or her designee; (b) The chief public defender serving the judicial district or his or her designee; (c) The chair of the local community corrections board or his or her designee; (d) A parole officer working in the judicial district chosen by the director of the department of corrections or his or her designee; (e) A sheriff that serves the judicial district chosen by the chief judge of the judicial district; (f) A representative of a drug court or similar problem-solving court if such a court exists in the judicial district chosen by the chief judge of the judicial district; (g) A person with expertise in juvenile matters chosen by the chief judge of the judicial district; and (h) A probation officer working in the judicial district chosen by the chief judge of the judicial district. (2) Each drug offender treatment board shall receive moneys from the state drug offender treatment board pursuant to section 16-11.5-102 (7) (a), C.R.S., and shall distribute those moneys to drug treatment programs based in the judicial district. No program shall receive moneys from the drug offender treatment board without a majority vote of the board. The board shall give priority to drug court funding if the jurisdiction operates a drug court and the drug court operates with best evidence-based or promising practices. Each drug offender treatment board shall annually make recommendations to the correctional treatment board for funding local assessed treatment needs. (4) Each judicial district's drug offender treatment board shall submit a report to the interagency task force on treatment created in section 16-11.5-102 (4), C.R.S., and the judiciary committees of the senate and house of representatives detailing the amount and to whom the board distributed its funding in the previous year and the amount of funding received by the board from the interagency task force on treatment by January 31 of each year beginning the first year after the judicial district drug offender treatment boards receive funding. SECTION 3. In Colorado Revised Statutes, 16-11.5-102, repeal (2), (3), (4), (5), (6), (7), and (8) as follows: 16-11.5-102. Substance abuse assessment - standardized procedure. (2) The procedures for assessment, treatment, and sanctions required to be developed by subsection (1) of this section shall be implemented only to the extent moneys are available in the drug offender surcharge fund created in section 18-19-103 (4), C.R.S., on July 1, 1992. (3) (a) The executive directors of the department of corrections, department of public safety, department of human services, and the state court administrator shall appoint six members including the directors or designees of the division of adult parole, community corrections and youthful offender system in the department of corrections, division of criminal justice of the department of public safety, the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, youth corrections within the department of human services, and the division of probation services in the judicial department who shall cooperate to develop a plan for the allocation of moneys deposited in the drug offender surcharge fund created pursuant to section 18-19-103 (4), C.R.S., among the judicial department, the department of corrections, the division of criminal justice of the department of public safety, and the department of human services. The plan developed pursuant to this subsection (3) shall be submitted to the general assembly with the judicial department's annual budget request. (b) Repealed (c) (I) The moneys allocated to the drug offender surcharge fund pursuant to section 18-19-103 (3.5), C.R.S., shall only be used to cover the costs associated with the treatment of substance abuse or co-occurring disorders of adult offenders who are assessed to be in need of treatment and who are: (A) On diversion; (B) On probation; (C) On parole; (D) In community corrections; or (E) In jail. (II) The plan to allocate moneys deposited in the drug offender surcharge fund pursuant to section 18-19-103 (3.5), C.R.S., shall be developed pursuant to paragraph (a) of this subsection (3) and shall also include a representative designated by the Colorado district attorney's council, the state public defender, a representative from a statewide association representing county sheriffs, and a representative from a statewide association representing counties. (4) There is hereby created the interagency task force on treatment that shall consist of the following members: (a) The individuals referenced in paragraph (a) of subsection (3) of this section; (b) Three elected district attorneys or their designees selected by the president of the Colorado district attorneys' council as follows: (I) One from the third, sixth, tenth, twelfth, fifteenth, sixteenth, or twenty-second judicial district; (II) One from the fifth, seventh, ninth, fourteenth, or twenty-first judicial district; (III) One from the first, second, fourth, eighth, eleventh, thirteenth, seventeenth, eighteenth, nineteenth, or twentieth judicial district; and (c) The state public defender or his or her designee. (5) The interagency task force on treatment shall elect a chairman and vice-chairman at the first meeting. The chairman shall call the meetings of the interagency task force on treatment and set the agenda for each meeting called. (6) The interagency task force on treatment's authority shall be limited to those duties specified in subsections (7) and (8) of this section. (7) (a) The interagency task force on treatment shall allocate at least eighty percent of the yearly drug offender treatment fund allocation to the judicial district drug offender treatment boards created pursuant to section 18-19-104, C.R.S. Such allocation shall be based upon a formula developed by the state drug offender treatment board. The interagency task force on treatment shall develop an allocation formula for the allocation of the moneys from the drug offender treatment fund. The formula shall only be based upon a judicial district's population and the number of use and possession drug case filings in the judicial district. Each judicial district drug treatment board shall submit a plan, based upon the proposed allocation formula, to the interagency task force on treatment beginning September 1 of the first year funding is appropriated to the judicial department from the drug offender treatment fund and September 1 of each year thereafter to be included in the judicial department's annual budget request. The interagency task force on treatment shall not have the authority to reject the plan submitted from the local judicial drug treatment boards. (b) The interagency task force on treatment may allocate up to twenty percent of the yearly drug offender treatment fund allocation to drug treatment programs that serve more than one judicial district. When allocating funds pursuant to this paragraph (b), the state drug offender treatment board is encouraged to fund and develop innovative and effective drug treatment programs. (8) The interagency task force on treatment shall report to the judiciary committees of the house of representatives and senate on or before January 31, 2005, and January 31, 2007, regarding the anticipated savings generated by the enactment of Senate Bill 03-318, enacted at the first regular session of the sixty-fourth general assembly. SECTION 4. In Colorado Revised Statutes, repeal 24-33.5-503 (1) (u). SECTION 5. Appropriation - adjustments in 2012 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act to the department of corrections for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The cash funds appropriation for inmate programs, drug and alcohol treatment subprogram, drug offender surcharge program, is decreased by $995,127. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (b) The cash funds appropriation for inmate programs, drug and alcohol treatment subprogram, contract services, is decreased by $250,000. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (c) The reappropriated funds appropriation for community services, parole subprogram, contract services, is decreased by $1,757,100. Said sum is from moneys transferred from the judicial department. (2) For the implementation of this act, appropriations made in the annual general appropriation act to the department of human services for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The cash funds appropriation for mental health and alcohol and drug abuse services, alcohol and drug abuse division, treatment services, treatment and detoxification contracts, is decreased by $887,300. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (b) The cash funds appropriation for mental health and alcohol and drug abuse services, alcohol and drug abuse division, treatment services, short-term intensive residential remediation and treatment (STIRRT), is decreased by $383,316. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (c) The reappropriated funds appropriation for mental health and alcohol and drug abuse services, co-occurring behavioral health services, substance use disorder offender services (H.B. 10-1352), is decreased by $1,819,900. Said sum is from moneys transferred from the judicial department. (3) For the implementation of this act, appropriations made in the annual general appropriation act to the judicial department for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The cash funds appropriation for courts administration, central appropriations, for various centrally appropriated line items, is decreased by $81,998. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (b) The cash funds appropriation for probation and related services, probation programs, is decreased by $702,114. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (c) The cash funds appropriation for probation and related services, offender treatment and services, is decreased by $1,010,006. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (d) The reappropriated funds appropriation for probation and related services, offender treatment and services, is decreased by $7,656,200. Said sum is from general fund moneys credited to the drug offender surcharge fund pursuant to section 18-19-103 (3.5), Colorado Revised Statutes. (e) The general fund appropriation for probation and related services, S.B. 03-318 community treatment funding, is decreased by $2,200,000. (f) The general fund appropriation for probation and related services, H.B. 10-1352 appropriation to drug offender surcharge fund, is decreased by $7,656,200. (4) For the implementation of this act, appropriations made in the annual general appropriation act to the department of public safety for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The cash funds appropriation for the executive director's office, administration, for various centrally appropriated line items, is decreased by $10,793. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (b) The cash funds appropriation for the division of criminal justice, administration, DCJ administrative services, is decreased by $84,803. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (c) The general fund appropriation for the division of criminal justice, administration, DCJ administrative services, is decreased by $37,964 and 0.5 FTE. (d) The cash funds appropriation for the division of criminal justice, administration, indirect cost assessment, is decreased by $8,401. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (e) The cash funds appropriation for the division of criminal justice, community corrections, community corrections placement, is decreased by $994,019. Said sum is from the drug offender surcharge fund created in section 18-19-103 (4) (a), Colorado Revised Statutes. (f) The reappropriated funds appropriation for the division of criminal justice, community corrections, treatment for substance abuse and co-occurring disorders, is decreased by $1,568,750. Said sum is from moneys transferred from the judicial department. SECTION 6. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, to the department of corrections, for the fiscal year beginning July 1, 2012, the sum of $3,002,227, or so much thereof as may be necessary, for services and activities authorized by sections 18-19-103 (5) (c) and (d), Colorado Revised Statutes. Said sum is from reappropriated funds transferred from the judicial department from the appropriations made in paragraphs (b) and (c) of subsection (3) of this section. (2) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for the fiscal year beginning July 1, 2012, the sum of $3,090,516, or so much thereof as may be necessary, for allocation to the mental health and alcohol and drug abuse services section for services and activities authorized by sections 18-19-103 (5) (c) and (d), Colorado Revised Statutes. Said sum is from reappropriated funds transferred from the judicial department from the appropriations made in paragraphs (b) and (c) of subsection (3) of this section. (3) In addition to any other appropriation, there is hereby appropriated, to the judicial department, for the fiscal year beginning July 1, 2012, the sum of $25,120,277, or so much thereof as may be necessary, for allocation to the probation and related services section for the implementation of this act as follows: (a) $9,856,200 general fund to be credited to the correctional treatment cash fund pursuant to sections 18-19-103 (3.5) (b) and 18-19-103 (4) (a), Colorado Revised Statutes; (b) $5,407,877 cash funds for services and activities authorized by sections 18-19-103 (5) (c) and (d), Colorado Revised Statutes; said sum is from the correctional treatment cash fund created in section 18-19-103 (3.5) (b), Colorado Revised Statutes; and (c) $9,856,200 reappropriated funds for services and activities authorized by sections 18-19-103 (5) (c) and (d), Colorado Revised Statutes; said sum is from general fund moneys credited to the correctional treatment cash fund through the appropriation made in paragraph (a) of subsection (3) of this section. (4) In addition to any other appropriation, there is hereby appropriated, to the department of public safety, for the fiscal year beginning July 1, 2012, the sum of $2,666,766, or so much thereof as may be necessary, for allocation to the division of criminal justice for services and activities authorized by sections 18-19-103 (5) (c) and (d), Colorado Revised Statutes. Said sum shall be from reappropriated funds transferred from the judicial department from the appropriations made in paragraphs (b) and (c) of subsection (3) of this section. SECTION 7. 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.