NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. SENATE BILL 13-086 BY SENATOR(S) Steadman, Hodge, Lambert; also REPRESENTATIVE(S) Levy, Duran, Gerou, Rosenthal, Williams. Concerning a supplemental appropriation 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, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (H.B. 12-1335), amend Part II as follows: Section 2. Appropriation. PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram1 Personal Services 1,540,695 1,296,890 243,805 a (13.1 FTE) (4.0 FTE) (17.6 FTE) Health, Life, and Dental 42,287,905 41,017,064 1,270,841 b 42,056,242 40,785,401 Short-term Disability 535,860 520,359 15,501 b 531,705 516,204 S.B. 04-257 Amortization Equalization Disbursement 9,745,013 9,446,431 298,582 b 9,669,881 9,371,299 S.B. 06-235 Supplemental Amortization Equalization Disbursement 8,320,697 8,064,103 256,594 b 8,256,132 7,999,538 Shift Differential 6,057,660 6,044,475 13,185 b 6,067,598 6,054,413 Workers' Compensation 7,767,033 7,521,595 245,438 b Operating Expenses 281,455 191,455 5,000 a 85,000 (I)c Legal Services for 15,298 hours 1,263,517 d 1,223,337 40,180 b Payment to Risk Management and Property Funds 3,087,036 2,963,555 123,481 b 3,893,770 3,738,020 155,750 b Leased Space 3,275,715 3,065,510 210,205 e 3,316,781 3,106,576 Capitol Complex Leased Space 154,507 123,625 30,882 e Planning and Analysis Contracts 82,410 82,410 Payments to District Attorneys 366,880 366,880 External Study of Sex Offender Treatment and Management Program2 100,000 100,000 84,866,383 85,348,606 a These amounts shall be from State Victims Assistance and Law Enforcement funds appropriated to the Division of Criminal Justice in the Department of Public Safety. b Of these amounts, $1,987,618 $2,019,887 shall be from sales revenues earned by Correctional Industries, and $276,184 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. d Of this amount, $1,181,771 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) (15.7 FTE) Operating Expenses 213,443 183,976 29,467 a 1,278,538 a This amount shall be from revenues earned from monitoring private Colorado prisons that house out-of-state offenders. (2) Payments to House State Prisoners3, 4 Payments to local jails at a rate of $50.44 per inmate per day 10,318,430 10,318,430 Payments to in-state private prisons at a rate of $52.69 per inmate per day 64,027,488 61,668,781 2,358,707 a Payments to pre-release parole revocation facilities at a rate of $52.69 per inmate per day 11,623,378 11,623,378 Community Corrections Programs 3,546,819 3,546,819 89,516,115 a This amount shall be from reserves in the State Criminal Alien Assistance Program Cash Fund created in Section 17-1-107.5, C.R.S. (C) Inspector General Subprogram Personal Services 3,635,506 3,535,149 100,357 a (45.2 FTE) Operating Expenses 347,230 264,043 83,187 a 347,417 264,230 Inspector General Grants 235,649 27,737 b 207,912 (I) (1.0 FTE) 4,218,385 4,218,572 a These amounts shall be from revenues earned from private prison out of state offender investigations. b This amount shall be from federal funds appropriated to the Office of Homeland Security in the Governor - Lieutenant Governor - State Planning and Budgeting. 179,879,421 180,361,831 (2) INSTITUTIONS (A) Utilities Subprogram Energy Management Program 300,792 300,792 (2.6 FTE) Utilities 20,025,190 18,974,356 1,050,834 a 20,351,058 19,300,224 20,325,982 20,651,850 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 17,930,205 17,791,228 (299.5 FTE) (296.5 FTE) Operating Expenses 5,261,740 5,422,995 Purchase of Services 1,467,820 24,659,765 24,659,765 24,682,043 24,682,043 (C) Housing and Security Subprogram Personal Services 159,930,305 a 159,927,358 2,947 b 157,754,418 a 157,751,471 (3,031.9 FTE) (2,991.2 FTE) Operating Expenses 1,807,249 1,807,249 1,788,901 1,788,901 161,737,554 159,543,319 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 $486,664 General Fund appropriation contained in Sections 17-18-101 (1) (e) (II), 17-18-104 (1) (e), 17-18-102 (1) (e), 17-18-103 (1) (e) (II), 17-18-105 (1) (c), and 17-18-106 (1) (c), C.R.S., for these purposes. b This amount shall be from the Corrections Expansion Reserve Fund created in Section 17-1-116, C.R.S., pursuant to Section 16-3-503 (2), C.R.S. (D) Food Service Subprogram Personal Services 14,875,986 14,875,986 14,792,936 14,792,936 (254.6 FTE) (260.1 FTE) Operating Expenses 15,347,897 15,267,897 80,000 (I)a 15,197,380 15,117,380 Purchase of Services 1,228,011 1,228,011 31,451,894 31,218,327 a This amount is anticipated to be received from the U.S. Department of Agriculture. (E) Medical Services Subprogram Personal Services 30,483,892 30,258,695 225,197 a 30,353,156 30,127,959 (399.3 FTE) (3.0 FTE) (387.8 FTE) Operating Expenses 2,581,364 2,581,364 2,573,620 2,573,620 Purchase of Pharmaceuticals 11,930,318 11,930,318 11,155,622 11,155,622 Purchase of Medical Services from Other Medical Facilities 19,708,805 19,708,805 21,209,036 21,209,036 Catastrophic Medical Expenses 9,866,736 9,866,736 14,149,732 14,149,732 Service Contracts 2,389,886 2,389,886 Indirect Cost Recoveries 56,516 56,516 a 77,017,517 81,887,568 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113, C.R.S. For informational purposes, $52,313 shall be for statewide indirect cost recoveries. (F) Laundry Subprogram Personal Services 2,238,193 (36.1 FTE) (37.4 FTE) Operating Expenses 2,099,960 2,090,596 4,338,153 4,338,153 4,328,789 4,328,789 (G) Superintendents Subprogram Personal Services 9,954,972 9,922,279 (152.9 FTE) (157.1 FTE) Operating Expenses 3,312,490 3,288,629 Dress Out 675,433 Start-up Costs 32,480 13,942,895 13,942,895 13,918,821 13,918,821 (H) Youthful Offender System Subprogram Personal Services 9,941,970 (162.7 FTE) (160.7 FTE) Operating Expenses 604,705 Contract Services 28,820 Purchase of Services 624,589 11,200,084 11,200,084 (I) Case Management Subprogram Personal Services 15,158,111 15,040,021 (212.2 FTE) (215.1 FTE) Operating Expenses 159,018 157,650 15,317,129 15,317,129 15,197,671 15,197,671 (J) Mental Health Subprogram Personal Services 10,595,870 10,595,870 10,465,573 10,465,573 (130.8 FTE) (129.4 FTE) Operating Expenses 259,477 259,477 258,675 258,675 Medical Contract Services 1,034,762 1,034,762 Mental Health Grants 64,799 64,799 a 11,954,908 11,823,809 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 1,470,396 1,470,396 1,464,182 1,464,182 (L) Legal Access Subprogram Personal Services 1,321,783 (21.5 FTE) Operating Expenses 299,602 Contract Services 70,905 1,692,290 1,692,290 375,108,567 377,608,753 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 5,999,470 5,577,541 413,990 a 7,939 b (81.2 FTE) (10.6 FTE) (91.6 FTE) Operating Expenses 234,201 234,201 6,233,671 a Of this amount, $331,896 shall be from sales revenues earned by Correctional Industries, $45,259 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, $340,047 shall be for department-wide indirect cost recoveries, and $37,108 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) (19.7 FTE) Operating Expenses 86,931 1,328,565 1,328,565 (C) Offender Services Subprogram Personal Services 2,976,411 (44.1 FTE) Operating Expenses 60,144 3,036,555 3,036,555 (D) Communications Subprogram Operating Expenses 1,511,325 1,511,325 1,514,685 1,514,685 Multiuse Network Payments 3,063,333 2,970,876 92,457 a Dispatch Services 200,000 200,000 Communication Services Payments 1,773,504 1,773,504 6,548,162 6,551,522 a This amount shall be from sales revenues earned by Correctional Industries. (E) Transportation Subprogram Personal Services 1,912,572 1,912,572 (35.9 FTE) Operating Expenses 284,794 284,794 Vehicle Lease Payments 2,766,619 2,382,278 384,341 a 2,806,899 2,422,558 4,963,985 5,004,265 a Of this amount, $367,071 shall be from sales revenues earned by Correctional Industries, and $17,270 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 1,855,682 (25.0 FTE) Operating Expenses 276,430 275,834 2,132,112 2,132,112 2,131,516 2,131,516 (G) Information Systems Subprogram Operating Expenses 1,598,682 1,598,682 1,600,176 1,600,176 Purchase of Services from Computer Center 5,738,360 5,738,360 5,663,182 5,663,182 Management and Administration of OIT 437,228 437,228 COFRS Modernization 545,055 480,395 30,736 a 33,379 b 545 (I) 8,319,325 8,245,641 a This amount shall be from Correctional Industries sales to non-state entities and from sales revenues earned by the Canteen Operation. b This amount shall be from Correctional Industries sales to other state agencies. (H) Facility Services Subprogram Personal Services 956,936 (9.4 FTE) (10.7 FTE) Operating Expenses 83,096 1,040,032 1,040,032 33,602,407 33,571,767 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,286,167 (88.7 FTE) Operating Expenses 85,764 84,725 5,371,931 5,371,931 5,370,892 5,370,892 (B) Education Subprogram Personal Services 11,434,266 10,520,005 914,261 a 11,367,356 10,453,095 (172.4 FTE) (186.3 FTE) Operating Expenses 2,444,298 1,833,283 a 611,015 b 2,441,490 1,830,475 a Contract Services 73,276 73,276 Education Grants 113,894 10,000 c 76,244 d 27,650 (I) (2.0 FTE) Indirect Cost Recoveries 5,476 5,476 (I) 14,071,210 14,001,492 a Of these amounts, $1,425,729 shall be from sales revenues earned by vocational programs, and $1,321,815 $1,319,007 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, $42,410 shall be from special education funds and $25,470 shall be from Title I - No Child Left Behind funds received from the Colorado Department of Education; $8,364 shall be from an HIV Prevention Program of the Colorado Department of Public Health and Environment. (C) Recreation Subprogram Personal Services 6,394,753 6,394,753 (115.8 FTE) (116.7 FTE) Operating Expenses 69,276 69,276 a 68,755 68,755 a 6,464,029 6,463,508 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 4,986,150 4,986,150 (64.8 FTE) (85.4 FTE) Operating Expenses 110,932 110,932 Drug Offender Surcharge Program 995,127 995,127 a Contract Services 2,189,042 1,939,042 250,000 a 2,222,132 1,972,132 Treatment Grants 126,682 126,682 b 8,407,933 8,441,023 a These amounts shall be from the Drug Offender Surcharge Fund created in Section 18-19-103 (4) (a), 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 65,597 65,597 (I) 2,989,285 a These amounts shall be from the Sex Offender Surcharge Fund created in Section 18-21-103 (3), C.R.S. (F) Volunteers Subprogram Personal Services 555,345 (7.4 FTE) (8.0 FTE) Operating Expenses 17,912 573,257 573,257 a a This amount shall be from sales revenues earned by the Canteen Operation. 37,877,645 37,839,457 (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 9,645,476 9,645,476 9,811,825 9,811,825 (147.5 FTE) (154.0 FTE) Operating Expenses 1,057,669 1,057,669 1,080,877 1,080,877 Administrative Law Judge Services 4,604 4,604 Contract Services 3,462,652 1,680,552 1,782,100 a 3,489,563 1,707,463 Wrap-Around Services Program 1,207,225 1,207,225 Start-up Costs 25,652 25,652 15,377,626 15,619,746 a Of this amount $1,757,100 shall be transferred from appropriations made to the Judicial Department, Probation and Related Services, Offender Treatment and Services, pursuant to Section 18-19-103 (3.5) (a), C.R.S. (H.B. 10-1352), and $25,000 shall be transferred from appropriations made to the Judicial Department for day reporting services. (B) Parole Intensive Supervision Subprogram Personal Services 4,454,126 4,544,186 (67.4 FTE) (77.7 FTE) Operating Expenses 438,516 451,495 Contract Services 1,436,592 1,486,319 Non-residential Services 1,070,937 1,109,270 Home Detention 69,383 Start-up Costs 15,391 7,469,554 7,469,554 7,676,044 7,676,044 (C) Community Intensive Supervision Subprogram Personal Services 3,190,868 (45.6 FTE) (47.6 FTE) Operating Expenses 517,792 Contract Services 3,174,885 6,883,545 6,883,545 (D) Community Supervision Subprogram (1) Community Supervision Personal Services 2,804,381 2,804,381 (35.5 FTE) (43.3 FTE) Operating Expenses 139,269 139,269 Community Mental Health Services 596,897 416,897 180,000 a 613,657 433,657 Psychotropic Medication 131,400 131,400 Contract Services for High Risk Offenders 243,162 243,162 Contract Services for Fugitive Returns 74,524 42,049 32,475 b 3,989,633 4,006,393 a This amount shall be from General Fund appropriations to the Department of Public Safety for Division of Criminal Justice, Community Corrections, Community Corrections Placement. b This amount shall be from federal funds appropriated 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 141,067 Contract Services 1,062,396 1,840,252 1,840,252 (E) Community Re-entry Subprogram Personal Services 1,974,663 1,974,663 (35.6 FTE) Operating Expenses 123,202 123,202 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 48,779 9,681 b 39,098 (I) (1.0 FTE) 2,807,412 a This amount shall be from gifts, grants, and donations. b This amount shall be from funds appropriated to the Division of Housing in the Department of Local Affairs. 38,368,022 38,833,392 (6) PAROLE BOARD Personal Services 1,197,526 (12.5 FTE) (13.5 FTE) Operating Expenses 104,890 Contract Services 288,437 1,590,853 1,590,853 (7) CORRECTIONAL INDUSTRIES Personal Services 10,160,810 2,989,807 a 7,171,003 b (39.2 FTE) (102.9 FTE) (43.2 FTE) (111.8 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 Correctional Industries Grants 503,050 503,050 (I) Indirect Cost Assessment 335,362 51,828 a 283,534 b 55,807,140 a Of these amounts, $13,955,589 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, $37,108 shall be for statewide indirect cost recoveries. (8) CANTEEN OPERATION Personal Services 1,770,093 (26.9 FTE) (28.0 FTE) Operating Expenses 12,851,987 Inmate Pay 40,386 Indirect Cost Assessment 49,451 14,711,917 14,711,917 (I)a a This amount shall be from sales revenues earned by the Canteen Operation and are shown for informational purposes because they are continuously appropriated to the division by Section 17-24-126 (1), C.R.S. For informational purposes, $4,203 shall be for statewide indirect cost recoveries. TOTALS PART II (CORRECTIONS) $736,945,972 $650,697,073 $40,835,214 a $44,399,357 $1,014,328 b $740,325,110 $654,047,271 $40,864,154 a a Of this amount, $14,711,917 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 1 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, Executive Director's Office Subprogram, External Study of Sex Offender Treatment and Management Program -- The Department is requested to engage external experts to conduct a study of the efficacy and cost-effectiveness of the Sex Offender Treatment and Management Program, as implemented by the Department of Corrections, with recommendations for improvement, if warranted, based on consideration of the relevant literature and on consideration of alternative treatment and management models including treatment in the community. The Department is requested to provide the report to the Joint Budget Committee by February 1, 2013. The Department is encouraged to seek alternative funding sources for this study. 3 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 up to 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. 4 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. 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. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO