SENATE 3rd Reading Unamended March 20, 2012 SENATE 2nd Reading Unamended March 19, 2012 HOUSE 3rd Reading Unamended February 9, 2012 HOUSE 2nd Reading Unamended February 7, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 12-0380.01 John Ziegler HOUSE BILL 12-1181 HOUSE SPONSORSHIP Gerou, Becker, Levy SENATE SPONSORSHIP Hodge, Steadman, Lambert House Committees Senate Committees Appropriations Appropriations A BILL FOR AN ACT Concerning a supplemental appropriation to the department of corrections. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Supplemental appropriations are made to the department of corrections. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of corrections for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part II as follows: Section 2. Appropriation. PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram1a Personal Services 1,506,441 1,296,890 209,551 a 1,540,695 243,805 a (13.1 FTE) (4.0 FTE) Health, Life, and Dental 37,398,347 36,323,985 1,074,362 b 37,293,325 36,218,963 Short-term Disability 563,116 547,299 15,817 b 561,835 546,018 S.B. 04-257 Amortization Equalization Disbursement 8,852,868 8,602,662 250,206 b 8,832,637 8,582,431 S.B. 06-235 Supplemental Amortization Equalization Disbursement 7,067,007 6,865,949 201,058 b 7,050,760 6,849,702 Shift Differential 4,572,613 4,566,169 6,444 b 4,574,071 4,567,627 Workers' Compensation 6,165,344 5,970,392 194,952 b Operating Expenses 304,960 181,882 47,478 a 75,600 c 278,632 11,750 a 85,000 c Legal Services for 15,298 hours 1,239,958 d 1,200,579 39,379 b Payment to Risk Management and Property Funds 2,823,339 2,710,406 112,933 b Leased Space 3,410,708 3,200,503 210,205 e Capitol Complex Leased Space 126,730 98,626 28,104 e Planning and Analysis Contracts 56,160 56,160 Payments to District Attorneys 144,108 144,108 366,880 366,880 74,231,699 74,321,074 a These amounts Of these amounts, $128,073 shall be from State Victims Assistance and Law Enforcement funds appropriated to the Division of Criminal Justice in the Department of Public Safety and $127,482 shall be from Victims of Crime Act Assistance funds appropriated to the Division of Criminal Justice in the Department of Public Safety. b Of these amounts, $1,663,943 shall be from sales revenues earned by Correctional Industries, and $231,208 shall be from sales revenues earned by the Canteen Operation. c This amount shall be from the Social Security Administration Incentive Payment Memorandum of Understanding, and is shown for informational purposes only. d Of this amount, $1,158,212 shall be used to purchase 15,298 hours of legal services from the Department of Law, and $81,746 shall be used to contract for legal services from private firms for litigation related to the Rifle Correctional Center. e These amounts shall be from sales revenues earned by Correctional Industries. (B) External Capacity Subprogram (1) Private Prison Monitoring Unit Personal Services 1,065,095 1,065,095 (13.3 FTE) Operating Expenses 172,170 172,170 202,223 30,053 a 1,237,265 1,267,318 a This amount shall be from revenue earned from monitoring out-of-state offenders in private prisons located in Colorado. (2) Payments to House State Prisoners2, 3 Payments to local jails at a rate of $50.44 per inmate per day 7,919,786 7,919,786 9,557,357 9,557,357 Payments to in-state private prisons at a rate of $54.93 per inmate per day4 60,405,258 58,046,551 2,358,707 a 70,136,218 66,345,809 3,790,409 a Payments to pre-release parole revocation facilities at a rate of $54.93 per inmate per day4 12,245,683 12,245,683 11,845,981 11,845,981 Community Corrections Programs 3,517,114 3,517,114 3,851,545 3,851,545 84,087,841 95,391,101 a This amount shall be from reserves in the State Criminal Alien Assistance Program Cash Fund pursuant to Section 17-1-107.5, C.R.S. (C) Inspector General Subprogram Personal Services 3,673,016 3,571,597 101,419 a (45.2 FTE) Operating Expenses 338,611 255,424 83,187 a 338,515 255,328 Inspector General Grants 40,301 20,301 b 20,000 404,464 118,714 b 285,750 c (1.0 FTE) 4,051,928 4,415,995 a These amounts shall be from revenues earned from private prison out of state offender investigations. b This Of this amount $68,603 shall be from Colorado Information Analysis Center federal funds appropriated to the Office of Homeland Security in the Governor - Lieutenant Governor - State Planning and Budgeting, and $50,111 shall be from Offender Release of Information to Law Enforcement funds from the Division of Criminal Justice in the Department of Public Safety. c Of this amount, $265,750 shall be from Prison Rape Elimination Act (PREA) funds from the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance and $20,000 shall be from Equitable Forfeiture Sharing funds from the US Department of Justice, Criminal Division, Asset Forfeiture and Money Laundering Section. 163,608,733 175,395,488 (2) INSTITUTIONS (A) Utilities Subprogram Energy Management Program 300,792 300,792 (2.6 FTE) Utilities 18,964,769 17,994,888 969,881 a 20,514,677 19,475,759 1,038,918 a 19,265,561 20,815,469 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 18,710,166 18,736,331 (313.2 FTE) (314.5 FTE) Operating Expenses 6,620,053 6,749,777 Purchase of Services 1,111,424 Maintenance Grants 195,048 26,441,643 26,441,643 26,792,580 26,597,532 195,048 a a This amount shall be from a grant from the Colorado State Historical Society. (C) Housing and Security Subprogram Personal Services 158,892,097 a 158,432,694 a (3,057.9 FTE) Operating Expenses 1,919,483 160,811,580 160,811,580 160,352,177 160,352,177 a In addition to the funding provided in this line, it is the intent of the General Assembly that the Department of Corrections utilize the $962,923 General Fund appropriation contained in Sections 17-1-164 (1) (e) (II), 17-1-165 (1) (e), 17-18-101 (1) (d), 17-18-102 (1) (d), 17-18-103 (1) (d) (II), 17-18-104 (1) (d), 17-18-105 (1) (b), and 17-18-106 (1) (b), C.R.S., for these purposes. Also, it is the intent of the General Assembly that the Department of Corrections utilize the $2,947 anticipated revenue from Section 17-1-163 (1) (e), C.R.S., for these purposes. (D) Food Service Subprogram Personal Services 15,248,796 15,248,796 15,201,333 15,201,333 (261.1 FTE) Operating Expenses 15,984,566 15,904,566 80,000 a 16,172,194 267,628 a Purchase of Services 859,098 859,098 32,092,460 32,232,625 a This amount is anticipated to be This amount equals the fair market value of surplus food received from the U.S. Department of Agriculture. (E) Medical Services Subprogram Personal Services 28,207,834 27,982,637 225,197 a (368.9 FTE) (3.0 FTE) Operating Expenses 2,673,259 2,673,259 Purchase of Pharmaceuticals 9,680,484 9,680,484 11,384,100 11,384,100 Purchase of Medical Services from Other Medical Facilities 20,479,959 20,479,959 20,378,663 20,378,663 Catastrophic Medical Expenses 7,906,222 7,906,222 9,594,144 9,594,144 Service Contracts 2,452,396 2,452,396 Indirect Cost Recoveries 49,288 49,288 a 71,449,442 74,739,684 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113, C.R.S. For informational purposes, $39,695 shall be for statewide indirect cost recoveries. (F) Laundry Subprogram Personal Services 2,225,840 (35.8 FTE) Operating Expenses 2,143,923 4,369,763 4,369,763 (G) Superintendents Subprogram Personal Services 9,887,092 (153.9 FTE) Operating Expenses Expenses4a 3,944,006 Dress Out 675,433 14,506,531 14,506,531 (H) Youthful Offender System Subprogram Personal Services 9,941,970 (162.7 FTE) Operating Expenses 469,028 Contract Services 28,820 Purchase of Services 624,589 11,064,407 11,064,407 (I) Case Management Subprogram Personal Services 15,579,924 15,485,744 (218.8 FTE) Operating Expenses 158,803 15,738,727 15,738,727 15,644,547 15,644,547 (J) Mental Health Subprogram5, 6 Personal Services 9,185,117 9,185,117 (120.6 FTE) Operating Expenses 268,508 268,508 Medical Contract Services 566,961 566,961 Mental Health Grants 200,100 200,100 a 230,000 230,000 a 10,220,686 10,250,586 a This amount shall be from federal funds appropriated to the Division of Criminal Justice in the Department of Public Safety. (K) Inmate Pay Subprogram 1,533,490 1,533,490 (L) San Carlos Subprogram Personal Services 12,470,077 (178.2 FTE) Operating Expenses 199,092 Service Contracts 725,309 13,394,478 13,394,478 (M) Legal Access Subprogram Personal Services 1,265,478 (20.5 FTE) Operating Expenses 284,622 Contract Services 70,905 1,621,005 1,621,005 382,509,773 387,317,342 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 6,044,229 5,603,782 432,425 a 8,022 b (81.7 FTE) (10.6 FTE) Operating Expenses 223,630 223,630 6,267,859 a Of this amount, $347,328 shall be from sales revenues earned by Correctional Industries, $48,262 shall be from sales revenues earned by the Canteen Operation, $36,835 shall be from restitution collected pursuant to Section 16-18.5-109 (3), C.R.S. For informational purposes, $398,781 shall be for department-wide indirect cost recoveries, and $33,644 shall be for statewide indirect cost recoveries. b This amount shall be from federal grants transferred from the Education Subprogram in the Department of Corrections for statewide indirect cost recoveries. (B) Personnel Subprogram Personal Services 1,241,634 (17.0 FTE) Operating Expenses 82,259 1,323,893 1,323,893 (C) Offender Services Subprogram Personal Services 2,899,880 (42.1 FTE) Operating Expenses 55,332 2,955,212 2,955,212 (D) Communications Subprogram Operating Expenses 1,478,755 1,478,755 1,477,045 1,477,045 Multiuse Network Payments 2,303,077 2,233,566 69,511 a Dispatch Services 230,270 230,270 190,218 190,218 Communication Services Payments 1,736,517 1,736,517 5,748,619 5,706,857 a This amount shall be from sales revenues earned by Correctional Industries. (E) Transportation Subprogram Personal Services 1,932,495 1,932,495 (35.9 FTE) Operating Expenses 269,888 269,888 Vehicle Lease Payments 2,459,054 2,204,858 254,196 a 2,540,883 2,289,725 251,158 a 4,661,437 4,743,266 a Of this amount, $240,259 shall be from sales revenues earned by Correctional Industries, and $10,899 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 1,924,989 1,906,530 (25.7 FTE) Operating Expenses 267,146 267,050 2,192,135 2,192,135 2,173,580 2,173,580 (G) Information Systems Subprogram Operating Expenses 1,538,722 1,537,964 Purchase of Services from Computer Center 5,394,074 Management and Administration of OIT 439,320 7,372,116 7,372,116 7,371,358 7,371,358 (H) Facility Services Subprogram Personal Services 956,936 (9.4 FTE) Operating Expenses 78,941 1,035,877 1,035,877 31,557,148 31,577,902 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,397,495 (90.9 FTE) Operating Expenses 90,297 5,487,792 5,487,792 (B) Education Subprogram Personal Services 12,021,677 11,107,416 914,261 a 11,973,575 11,059,314 (183.4 FTE) Operating Expenses 2,470,367 1,859,352 a 611,015 b Contract Services 73,276 73,276 Education Grants 498,000 10,000 c 238,000 d 250,000 1,286,297 273,735 d 1,002,562 e (2.0 FTE) Indirect Cost Recoveries 5,476 5,476 15,068,796 15,808,991 a Of these amounts, $1,425,729 shall be from sales revenues earned by vocational programs, and $1,347,884 shall be from sales revenues earned by the Canteen Operation. b This amount shall be from sales revenues earned by vocational programs for products and services sold to other government agencies. c This amount shall be from gifts, grants, and donations. d Of this amount, $180,000 $202,099 shall be from federal funds appropriated to the Department of Education, $33,000 $30,000 shall be from federal funds appropriated to the Colorado Community College System, and $25,000 $41,636 shall be from federal funds appropriated to the Department of Public Health and Environment. e Of this amount, $282,787 shall be for Youthful Offenders Vocational Tuition Program from the U.S. Department of Education and $719,775 shall be for the Cisco Certified Network Academy from the U.S. Department of Justice. (C) Recreation Subprogram Personal Services 6,279,562 6,279,562 6,257,607 6,257,607 (114.8 FTE) Operating Expenses 74,033 74,033 a 6,353,595 6,331,640 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 3,970,080 3,970,080 (42.8 FTE) Operating Expenses 117,316 117,316 Drug Offender Surcharge Program 995,127 995,127 a Contract Services 2,307,816 2,057,816 250,000 a 2,290,957 2,040,957 Treatment Grants 125,000 125,000 b 312,461 312,461 b 7,515,339 7,685,941 a These amounts shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4), C.R.S. b This amount shall be from grant funds appropriated to the Division of Criminal Justice in the Department of Public Safety. (E) Sex Offender Treatment Subprogram Personal Services 2,739,343 2,710,964 28,379 a (39.8 FTE) (1.0 FTE) Operating Expenses 84,776 84,276 500 a Polygraph Testing 99,569 99,569 Sex Offender Treatment Grants 248,513 248,513 511,587 511,587 b 3,172,201 3,435,275 a These amounts shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S. b This amount shall be for the Sex Offender Community Reintegration Program from the U.S. Department of Justice. (F) Volunteers Subprogram Personal Services 555,345 (7.4 FTE) Operating Expenses 17,912 573,257 573,257 a a This amount shall be from sales revenues earned by the Canteen Operation. 38,170,980 39,322,896 (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 10,436,038 10,436,038 10,355,338 10,355,338 (162.4 FTE) (160.5 FTE) Operating Expenses 1,120,865 1,120,865 1,114,583 1,114,583 Administrative Law Judge Services 4,189 4,189 4,449 4,449 Contract Services 3,230,247 1,755,247 1,475,000 a 3,216,589 1,741,589 Wrap-Around Services Program 1,207,225 1,207,225 15,998,564 15,898,184 a This amount shall be from funds appropriated to the Judicial Department. (B) Parole Intensive Supervision Subprogram Personal Services 4,805,231 4,761,726 (74.3 FTE) (73.3 FTE) Operating Expenses 470,102 466,730 Contract Services 1,575,551 1,550,100 Non-residential Services 1,178,055 1,158,436 Home Detention 69,383 8,098,322 8,098,322 8,006,375 8,006,375 (C) Community Intensive Supervision Subprogram Personal Services 3,223,670 (45.6 FTE) Operating Expenses 515,113 Contract Services 3,174,885 6,913,668 6,913,668 (D) Community Supervision Subprogram (1) Community Supervision Personal Services 2,833,644 2,833,644 (35.5 FTE) Operating Expenses 138,366 138,366 Community Mental Health Services 457,083 457,083 629,803 449,803 180,000 b Psychotropic Medication 131,760 131,760 Contract Services for High Risk Offenders 243,162 243,162 Contract Services for Fugitive Returns 74,524 42,049 32,475 a 3,878,539 4,051,259 a This amount shall be from federal funds appropriated to the Division of Criminal Justice in the Department of Public Safety. b This amount shall be for intensive residential treatment service for parolees from an appropriation to the Division of Criminal Justice in the Department of Public Safety. (2) Youthful Offender System Aftercare Personal Services 636,789 (8.0 FTE) Operating Expenses 140,362 Contract Services 1,062,396 1,839,547 1,839,547 (E) Community Re-entry Subprogram Personal Services 1,995,144 1,995,144 (35.6 FTE) Operating Expenses 122,586 122,586 Offender Emergency Assistance 96,768 96,768 Contract Services 190,000 190,000 Offender Re-employment Center 374,000 364,000 10,000 a Community Reintegration Grants 124,098 85,000 b 39,098 129,213 90,115 b (1.0 FTE) 2,902,596 2,907,711 a This amount shall be from gifts, grants, and donations. b This amount shall be Of this amount, $82,684 shall be for the Colorado Second Chance Housing and Prisoner Re-entry Program from funds appropriated to the Division of Housing in the Department of Local Affairs and $7,431 shall be for the Geographic Information Systems Program from the Division of Criminal Justice in the Department of Public Safety. 39,631,236 39,616,744 (6) PAROLE BOARD Personal Services 1,197,526 (12.5 FTE) Operating Expenses 99,545 Contract Services 228,637 1,525,708 1,525,708 (7) CORRECTIONAL INDUSTRIES Personal Services 10,160,810 2,989,807 a 7,171,003 b (39.2 FTE) (102.9 FTE) Operating Expenses 5,928,190 1,817,327 a 4,110,863 b Raw Materials 35,823,826 8,441,080 a 27,382,746 b Inmate Pay 1,649,702 468,453 a 1,181,249 b Capital Outlay 1,406,200 337,094 a 1,069,106 b Indirect Cost Assessment 347,654 64,120 a 283,534 b Correctional Industries Grants 1,000,000 1,000,000 c 55,316,382 56,316,382 a Of these amounts, $13,967,881 is estimated to be from sales to non-state entities, and $150,000 is estimated to be from the Land Improvement Fund. b Of these amounts, $35,405,132 is estimated to be from sales to other state agencies, and $5,793,369 is estimated to be from the Department of Revenue for the purchase of license plates. For informational purposes, $44,436 shall be for statewide indirect cost recoveries. c This amount shall be from the U.S. Department of State. (8) CANTEEN OPERATION Personal Services 1,770,093 (26.9 FTE) Operating Expenses 12,851,987 Inmate Pay 40,386 Indirect Cost Assessment 51,127 14,713,593 14,713,593 a a This amount shall be from sales revenues earned by the Canteen Operation. For informational purposes, $5,350 shall be for statewide indirect cost recoveries. TOTALS PART II $727,033,553 $641,840,769 $40,223,654 $44,250,443 $718,687 (CORRECTIONS) $745,786,055 $655,856,905 $41,946,456 $44,785,593 $3,197,101 FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 1a Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Mental Health and Alcohol and Drug Abuse Services, Alcohol and Drug Abuse Division; and Division of Youth Corrections; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice; and Colorado Bureau of Investigation -- State agencies involved in multi-agency programs requiring separate appropriations to each agency are requested to designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee, including prior year, request year, and three year forecasts for revenues into the fund and expenditures from the fund by agency. The requests should be sustainable for the length of the forecast based on anticipated revenues. Each agency is still requested to submit its portion of such request with its own budget document. This applies to requests for appropriation from the Drug Offender Surcharge Fund, the Offender Identification Fund, the Sex Offender Surcharge Fund, the Persistent Drunk Driver Cash Fund, and the Alcohol and Drug Driving Safety Program Fund, among other programs. 2 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners -- It is the intent of the General Assembly that the Department of Corrections be authorized to transfer 5.0 percent of the total appropriation for external capacity subprogram between line items in the external capacity subprogram for purposes of reimbursing local jails, private prison providers, and community corrections providers. 3 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners -- It is the intent of the General Assembly that the appropriations made for payments to private facilities housing state inmates be used exclusively for the purpose of per diem payments. It is the intent of the General Assembly that the department not withhold funds from the per diem payments to cover major medical expenses incurred by state inmates assigned to private facilities. It is the intent of the General Assembly that appropriations made in the medical services subprogram are sufficient to cover major medical expenses incurred by state inmates held in both state and private facilities. 4 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners, Payments to in-state private prisons at a rate of $54.93 per inmate per day, and Payments to pre-release parole revocation facilities at a rate of $54.93 per inmate per day -- Due to current fiscal restraints, it is the intent of the General Assembly not to fund any supplemental requests from the Department of Corrections that are requested as a result of the Department of Corrections paying a higher per diem rate to private prisons than $52.69. If caseload changes would result in a negative supplemental from the Department of Corrections given a private prison per diem rate of $52.69, it is further the intent of the General Assembly to reduce the appropriation to the Department of Corrections accordingly. 4a Department of Corrections, Institutions, Superintendents Subprogram -- The unexpended balance of Fiscal Year 2011-12 appropriations for Fort Lyon Correctional Facility staff moving and relocation expenses shall be rolled forward for expenditure in Fiscal Year 2012-13. 5 Department of Corrections, Institutions, Mental Health Subprogram -- It is the intent of the General Assembly that the funds being appropriated to convert beds at Colorado State Penitentiary (CSP) for use by offenders with mental illness (OMIs) are being appropriated to create an appropriate, secure, therapeutic environment for OMIs within CSP and that the beds shall not be occupied or managed solely for disciplinary purposes. 6 Department of Corrections, Institutions, Mental Health Subprogram -- It is the intent of the General Assembly that the Department of Corrections work with the Mentally Ill Offender Task Force to develop a plan for the implementation and ongoing evaluation of the mental health unit at Colorado State Penitentiary (CSP). SECTION 2. 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.