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 15-144 BY SENATOR(S) Lambert, Grantham, Steadman; also REPRESENTATIVE(S) Hamner, Young, Rankin, Fields, Kagan, Rosenthal, Tate, Wilson. 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, 2014. In Session Laws of Colorado 2014, section 2 of chapter 420, (HB 14-1336), amend Part II as follows: Section 2. Appropriation. PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram Personal Services 2,052,555 1,808,750 243,805 a 1,921,058 1,677,253 (26.7 FTE) (4.0 FTE) (23.7 FTE) Restorative Justice Program with Victim-Offender Dialogues in Department Facilities 75,000 75,000 (1.2 FTE) Health, Life, and Dental 42,518,950 41,082,895 1,436,055 b 42,505,687 41,069,632 Short-term Disability 713,355 689,706 23,649 b 713,096 689,447 S.B. 04-257 Amortization Equalization Disbursement 13,278,568 12,846,049 432,519 b 13,273,855 12,841,336 S.B. 06-235 Supplemental Amortization Equalization Disbursement 12,449,789 12,044,303 405,486 b 12,445,370 12,039,884 Salary Survey 8,687,747 8,397,125 290,622 b Merit Pay 3,401,363 3,287,652 113,711 b Shift Differential 7,390,750 7,352,834 37,916 b Workers' Compensation 9,484,276 9,184,573 299,703 b Operating Expenses 359,259 269,259 5,000 a 85,000 (I)c 357,759 267,759 Legal Services for 15,298 19,753 hours 1,596,402 d 1,544,916 51,486 b 2,037,492 d 1,971,055 66,437 b Payment to Risk Management and Property Funds 3,905,311 3,751,442 153,869 b Leased Space 3,750,877 3,511,798 239,079 e Capitol Complex Leased Space 65,308 46,653 18,655 e Planning and Analysis Contracts 82,410 82,410 Payments to District Attorneys 1,081,102 1,081,102 699,126 699,126 Start-up Costs 4,703 4,703 110,897,725 110,801,188 a These amounts shall be transferred from the Department of Public Safety, Division of Criminal Justice, Victims Assistance, State Victims Assistance and Law Enforcement Program line item. b Of these amounts, $2,849,124 $2,864,075shall be from sales revenues earned by Correctional Industries, and $395,892 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 included for informational purposes only. d Of this amount, $1,514,656 shall be used to purchase 15,298 19,753 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 1,120,884 1,120,884 (15.7 FTE) Operating Expenses 213,443 183,976 29,467 a 1,334,327 a This amount shall be from revenues earned from monitoring private Colorado prisons that house out-of-state offenders. (2) Payments to House State Prisoners2, 3 Payments to local jails at a rate of $52.74 per inmate per day 12,146,813 12,146,813 12,878,317 12,878,317 Payments to in-state private prisons at a rate of $55.08 per inmate per day 64,413,856 62,055,149 2,358,707 a 68,120,740 65,762,033 Payments to pre-release parole revocation facilities at a rate of $55.08 per inmate per day 11,117,623 11,117,623 12,183,146 12,183,146 Community Corrections Programs 4,130,340 4,130,340 91,808,632 97,312,543 a This amount shall be from reserves in the State Criminal Alien Assistance Program Cash Fund created in Section 17-1-107.5 (1), C.R.S. (C) Inspector General Subprogram Personal Services 3,930,210 3,823,977 106,233 a (47.9 FTE) Operating Expenses 425,612 342,425 83,187 a 425,537 342,350 Inspector General Grants 235,649 27,737 b 207,912 (I) (1.0 FTE) 4,591,471 4,591,396 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 Division of Homeland Security and Emergency Management in the Department of Public Safety. 208,632,155 214,039,454 (2) INSTITUTIONS (A) Utilities Subprogram Energy Management Program 304,899 304,899 (2.6 FTE) Utilities 19,727,754 18,658,219 1,069,535 a 21,166,542 20,019,003 1,147,539 a 20,032,653 21,471,441 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 17,437,829 (276.8 FTE) Operating Expenses 5,014,113 Purchase of Services 1,467,820 23,919,762 23,919,762 (C) Housing and Security Subprogram Personal Services 161,908,081 a 161,905,134 2,947 b (2,945.4 FTE) Operating Expenses 1,802,941 1,802,941 163,711,022 a In addition to the funding provided in this line item, it is the intent of the General Assembly that the Department of Corrections utilize the General Fund appropriations totaling $198,977 that are contained in Sections 17-18-105 (1) (e), 17-18-107 (1) (c), 17-18-108 (1) (a), 17-18-109 (1) (a), and 17-18-110 (1) (a), 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., from forfeiture bonds and fees, pursuant to Section 16-3-503 (2), C.R.S. (D) Food Service Subprogram Personal Services 17,845,243 17,845,243 (317.8 FTE) Operating Expenses 16,182,019 16,102,019 80,000 (I)a Purchase of Services 1,704,331 1,704,331 35,731,593 a This amount is anticipated to be received from the U.S. Department of Agriculture and is included for informational purposes only. (E) Medical Services Subprogram Personal Services 31,126,669 30,888,286 238,383 a (384.5 FTE) (3.0 FTE) Operating Expenses 2,579,052 2,579,052 Purchase of Pharmaceuticals 11,920,941 11,920,941 14,909,058 14,909,058 Purchase of Medical Services from Other Medical Facilities4 21,172,885 21,172,885 22,131,178 22,131,178 Catastrophic Medical Expenses4 14,039,231 14,039,231 3,546,838 3,546,838 Service Contracts 2,448,451 2,448,451 Indirect Cost Assessment 2,322 2,322 a 83,289,551 76,743,568 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113, C.R.S. (F) Laundry Subprogram Personal Services 2,313,400 (37.4 FTE) Operating Expenses 2,197,545 4,510,945 4,510,945 (G) Superintendents Subprogram Personal Services 10,199,361 (155.9 FTE) Operating Expenses 3,305,701 Dress Out 735,433 Start-up costs 11,600 14,252,095 14,252,095 (H) Youthful Offender System Subprogram Personal Services 10,276,034 (160.7 FTE) Operating Expenses 604,705 Contract Services 28,820 Purchase of Services 624,589 11,534,148 11,534,148 (I) Case Management Subprogram Personal Services 15,612,918 (217.8 FTE) Operating Expenses 157,931 Offender ID Program 341,135 Start-up Costs 9,406 16,121,390 16,121,390 (J) Mental Health Subprogram Personal Services 10,552,735 10,552,735 (127.1 FTE) Operating Expenses 259,266 259,266 Medical Contract Services 3,967,510 3,967,510 Mental Health Grants 64,799 64,799 a 14,844,310 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 1,647,885 1,647,885 (L) Legal Access Subprogram Personal Services 1,366,196 (21.5 FTE) Operating Expenses 299,602 Contract Services 70,905 1,736,703 1,736,703 391,332,057 386,224,862 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 6,096,661 5,369,265 38,991 a 688,405 b (89.8 FTE) (10.0 FTE) Operating Expenses 234,201 234,201 6,330,862 a This amount shall be from restitution collected pursuant to Section 16-18.5-109 (3), C.R.S. b Of this amount, $600,194 shall be from department-wide indirect cost recoveries and $88,211 shall be from statewide indirect cost recoveries. (B) Personnel Subprogram Personal Services 1,254,587 (18.7 FTE) Operating Expenses 86,931 1,341,518 1,341,518 (C) Offender Services Subprogram Personal Services 3,010,766 (44.1 FTE) Operating Expenses 62,044 3,072,810 3,072,810 (D) Communications Subprogram Operating Expenses 1,568,385 1,568,385 1,567,035 1,567,035 Dispatch Services 224,477 224,477 1,792,862 1,791,512 (E) Transportation Subprogram Personal Services 1,976,837 1,976,837 (35.9 FTE) Operating Expenses 284,794 284,794 Vehicle Lease Payments 3,223,333 2,858,381 364,952 a 5,484,964 a Of this amount, $348,246 shall be from sales revenues earned by Correctional Industries, and $16,706 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 1,918,036 (25.0 FTE) Operating Expenses 279,870 279,795 2,197,906 2,197,906 2,197,831 2,197,831 (G) Information Systems Subprogram Operating Expenses 1,624,042 1,624,042 1,623,442 1,623,442 COFRS Modernization 559,912 480,395 30,736 a 33,379 b 15,402 (I) 723,058 637,959 40,775 a 44,324 b Payments to OIT 18,594,153 18,479,135 115,018 a 18,703,900 18,588,882 20,778,107 21,050,400 a Of these amounts, $127,972 $136,786 shall be from Correctional Industries sales to non-state entities and $17,782 $19,007 shall be 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 935,322 (9.7 FTE) Operating Expenses 83,096 1,018,418 1,018,418 42,017,447 42,288,315 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,463,790 (88.7 FTE) Operating Expenses 88,017 5,551,807 5,551,807 (B) Education Subprogram Personal Services 11,898,724 10,930,930 967,794 a (188.8 FTE) Operating Expenses 2,643,999 1,093,900 1,139,084 a 411,015 b Contract Services 173,276 173,276 Education Grants 113,894 10,000 c 76,244 d 27,650 (I) (2.0 FTE) Indirect Cost Assessment 313 313 (I) 14,830,206 a Of these amounts, $1,371,411 shall be from sales revenues earned by the Canteen Operation and $735,467 shall be from sales revenues earned by vocational programs. 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, $25,470 shall be from Title I - No Child Left Behind funds received from the Colorado Department of Education, and $8,364 shall be from an HIV Prevention Program of the Colorado Department of Public Health and Environment. (C) Recreation Subprogram Personal Services 6,609,626 6,609,626 (116.7 FTE) Operating Expenses 71,232 71,232 a 6,680,858 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 5,083,589 5,083,589 (85.4 FTE) Operating Expenses 110,932 110,932 Services for Substance Abuse and Co-occurring Disorders 995,127 995,127 a Contract Services 2,391,100 2,041,100 350,000 a Treatment Grants 126,682 126,682 b 8,707,430 a These amounts shall be transferred from the Judicial Department, Probation and Related Services, from the Offender Treatment and Services line item appropriation. These amounts originate as General Fund that is appropriated to the Correctional Treatment Cash Fund pursuant to Sections 18-19-103 (3.5) (b), (3.5) (c), and (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 3,912,754 3,882,713 30,041 a (54.8 FTE) (1.0 FTE) Operating Expenses 92,276 91,776 500 a Polygraph Testing 242,500 242,500 Sex Offender Treatment Grants 65,597 65,597 (I) 4,313,127 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 587,863 (8.0 FTE) Operating Expenses 17,912 605,775 605,775 a a This amount shall be from sales revenues earned by the Canteen Operation. 40,689,203 (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 16,507,811 16,507,811 (263.1 FTE) Operating Expenses 1,680,312 1,680,312 Contract Services 6,551,403 4,414,303 2,137,100 a Wrap-Around Services Program 1,539,243 1,539,243 Non-residential Services 1,215,818 1,215,818 Home Detention 69,383 69,383 27,563,970 a This amount shall be transferred from the Judicial Department, Probation and Related Services, from the Offender Treatment and Services line item appropriation. This amount includes $2,112,100 that originates as General Fund that is appropriated to the Correctional Treatment Cash Fund pursuant to Sections 18-19-103 (3.5) (b), (3.5) (c), and (4) (a), C.R.S., and $25,000 that originates as General Fund that is appropriated for the provision of day reporting services. (B) Community Supervision Subprogram (1) Community Supervision Personal Services 5,918,259 5,918,259 (83.8 FTE) Operating Expenses 632,650 632,650 Community Mental Health Services 629,363 629,363 Psychotropic Medication 131,400 131,400 Contract Services 2,863,324 2,863,324 Contract Services for High Risk Offenders 221,200 221,200 Contract Services for Fugitive Returns 74,524 42,049 32,475 a 10,470,720 a 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 644,187 (8.0 FTE) Operating Expenses 141,067 Contract Services 1,062,396 1,847,650 1,847,650 (C) Community Re-entry Subprogram Personal Services 2,056,015 2,056,015 (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) 2,888,764 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. 42,771,104 (6) PAROLE BOARD Personal Services 1,376,891 (16.2 FTE) Operating Expenses 106,390 Contract Services 272,437 Start-up Costs 14,109 1,769,827 1,769,827 (7) CORRECTIONAL INDUSTRIES Personal Services 10,335,878 3,164,875 a 7,171,003 b (42.8 FTE) (112.2 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 1,673,102 480,153 a 1,192,949 b Capital Outlay 1,406,200 337,094 a 1,069,106 b Correctional Industries Grants 503,050 503,050 (I) Indirect Cost Assessment 608,920 129,841 a 263,831 b 215,248 (I) 56,255,766 56,279,166 a Of these amounts, $14,208,670 $14,220,370 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, $35,385,429 $35,397,129 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. (8) CANTEEN OPERATION Personal Services 1,873,739 (28.0 FTE) Operating Expenses 12,851,987 Inmate Pay 40,386 43,386 Indirect Cost Assessment 76,850 14,842,962 14,842,962 (I)a 14,845,962 14,845,962 (I)a a This amount shall be from sales revenues earned by the Canteen Operation and is shown for informational purposes because it is continuously appropriated to the division pursuant to Section 17-24-126 (1), C.R.S. TOTALS PART II (CORRECTIONS)4a $798,310,521 $710,711,718 $39,979,286 a $46,380,247 $1,239,270 b $798,907,893 $711,184,153 $40,096,980 a $46,402,892 $1,223,868 b a Of this amount, $14,842,962 $14,845,962 contains an (I) notation. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 2 Department of Corrections, Management, External Capacity Subprogram, Payments to House State Prisoners --The Department of Corrections be is authorized to transfer up to 5.0 percent of the total appropriation for the 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 and 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 assumed 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, Institutions, Medical Services Subprogram, Purchases of Medical Services from Other Medical Facilities; Catastrophic Medical Expenses -- The Department of Corrections is authorized to transfer up to 20.0 percent of the total appropriation for Purchases of Medical Services from Other Medical Facilities between these line items. 4a Department of Corrections, Totals -- It is the intent of the General Assembly that when the Department of Corrections applies the 2.5 percent salary survey increase reflected in the salary survey line item appropriations, that employees other than Corrections Case Managers, Corrections/Youth/Clinical Officers, and Community Parole Officers shall receive a base-building increase up to the range maximum, and that salary survey increase amounts over the range maximum shall not be base-building. It is the intent of the General Assembly that Corrections Case Managers, Corrections/Youth/Clinical Officers, and Community Parole Officers shall receive a base-building increase below, at, or over the range maximum because range minimums and maximums for Corrections Case Managers, Corrections/Youth/Clinical Officers, and Community Parole Officers adjust to reflect any increase. 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. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst 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