NOTE: The governor signed this measure on 3/11/2016. HOUSE BILL 16-1238 BY REPRESENTATIVE(S) Hamner, Young, Rankin, Pettersen, Rosenthal; also SENATOR(S) Lambert, Grantham, Steadman, Cadman. 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, 2015. In Session Laws of Colorado 2015, section 2 of chapter 364, (SB 15-234), amend Part II as follows: Section 2. Appropriation. PART II DEPARTMENT OF CORRECTIONS (1) MANAGEMENT (A) Executive Director's Office Subprogram Personal Services 2,022,081 1,778,276 243,805 a 1,964,349 1,720,544 (23.8 FTE) (4.0 FTE) (22.8 FTE) Restorative Justice Program with Victim-Offender Dialogues in Department Facilities 75,000 75,000 (1.2 FTE) Health, Life, and Dental 51,579,140 50,015,018 1,564,122 b Short-term Disability 733,991 711,870 22,121 b S.B. 04-257 Amortization Equalization Disbursement 15,015,963 14,570,654 445,309 b S.B. 06-235 Supplemental Amortization Equalization Disbursement 14,498,673 14,068,545 430,128 b Salary Survey 2,016,911 1,906,474 110,437 b Merit Pay 3,485,908 3,384,324 101,584 b Shift Differential 7,687,883 7,648,987 38,896 b Workers' Compensation 8,583,237 8,312,007 271,230 b Operating Expenses 357,759 267,759 5,000 a 85,000 (I)c Legal Services for 19,753 hours 1,958,479 d 1,894,727 63,752 b Payment to Risk Management and Property Funds 4,203,591 4,037,970 165,621 b Leased Space 4,128,638 3,882,449 246,189 e Capitol Complex Leased Space 56,300 40,218 16,082 e Planning and Analysis Contracts 82,410 82,410 Payments to District Attorneys 681,102 681,102 117,167,066 117,109,334 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, $2,821,190 shall be from sales revenues earned by Correctional Industries, and $392,010 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, $1,876,733 shall be used to purchase 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 1,155,402 1,155,402 (15.7 FTE) Operating Expenses 213,443 183,976 29,467 a 1,368,845 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 $53.64 per inmate per day 14,683,980 14,683,980 11,739,144 11,739,144 Payments to in-state private prisons at a rate of $56.02 per inmate per day 74,709,244 72,350,537 2,358,707 a 66,979,492 64,620,785 Payments to pre-release parole revocation facilities at a rate of $56.02 per inmate per day 14,330,890 14,330,890 12,403,578 12,403,578 Community Corrections Programs 4,212,064 4,212,064 3,955,659 3,955,659 Inmate Education and Benefit Programs at In-state Private Prisons 534,079 534,079 Inmate Education and Benefit Programs at Prerelease Parole Revocation Facilities 119,476 119,476 107,936,178 95,731,428 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 4,060,241 3,954,008 106,233 a (48.2 FTE) Operating Expenses 428,723 345,536 83,187 a Inspector General Grants 235,649 27,737 b 207,912 (I) (1.0 FTE) 4,724,613 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. 231,196,702 218,934,220 (2) INSTITUTIONS (A) Utilities Subprogram Personal Services 314,289 314,289 (2.6 FTE) Utilities 21,392,466 20,244,927 1,147,539 a 21,706,755 a This amount shall be from sales revenues earned by Correctional Industries. (B) Maintenance Subprogram Personal Services 18,049,837 (276.8 FTE) Operating Expenses 5,714,113 Purchase of Services 1,545,553 25,309,503 25,309,503 (C) Housing and Security Subprogram Personal Services 168,105,726 a 168,102,779 2,947 b (2,973.4 FTE) Operating Expenses 1,808,941 1,808,941 169,914,667 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 $249,731 of FY 2015-16 General Fund appropriations contained in Sections 17-18-108 (1) (b), 17-18-109 (1) (b), 17-18-110 (1) (b), 17-18-111 (1) (a), 17-18-112 (1) (a), 17-18-113 (1) (a), 17-18-114 (1) (a), and 17-18-116 (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 18,164,797 18,164,797 (317.8 FTE) Operating Expenses 16,727,019 16,647,019 80,000 (I)a Purchase of Services 1,746,939 1,746,939 36,638,755 a This amount is anticipated to be received from the U.S. Department of Agriculture. (E) Medical Services Subprogram Personal Services 32,143,287 31,904,904 238,383 a (384.5 FTE) (3.0 FTE) Operating Expenses 2,579,052 2,579,052 Purchase of Pharmaceuticals 18,080,579 18,080,579 15,299,326 15,299,326 Purchase of Medical Services from Other Medical Facilities4 Facilities 23,058,674 23,058,674 26,078,916 26,078,916 Catastrophic Medical Expenses4 3,680,906 3,680,906 Service Contracts 2,490,075 2,490,075 Indirect Cost Assessment 2,795 2,795 a 82,035,368 78,593,451 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113, C.R.S. (F) Laundry Subprogram Personal Services 2,384,643 (37.4 FTE) Operating Expenses 2,197,545 4,582,188 4,582,188 (G) Superintendents Subprogram Personal Services 10,598,456 (155.9 FTE) Operating Expenses 5,181,501 Dress Out 735,433 Start-up costs 38,830 16,554,220 16,554,220 (H) Youthful Offender System Subprogram Personal Services 10,592,490 (160.7 FTE) Operating Expenses 604,705 Contract Services 28,820 Purchase of Services 681,031 11,907,046 11,907,046 (I) Case Management Subprogram Personal Services 17,676,980 (247.3 FTE) Operating Expenses 172,581 Offender ID Program 341,135 18,190,696 18,190,696 (J) Mental Health Subprogram Personal Services 12,370,450 12,370,450 (151.0 FTE) Operating Expenses 280,266 280,266 Medical Contract Services 4,034,958 4,034,958 Mental Health Grants 64,799 64,799 a Start-up Costs 61,139 61,139 16,811,612 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 1,947,885 1,947,885 (L) Legal Access Subprogram Personal Services 1,408,269 (21.5 FTE) Operating Expenses 299,602 Contract Services 70,905 1,778,776 1,778,776 (M) Capital Lease Purchase Payments 20,254,768 20,254,768 427,632,239 424,190,322 (3) SUPPORT SERVICES (A) Business Operations Subprogram Personal Services 6,227,011 5,421,498 38,991 a 766,522 b (89.8 FTE) (10.0 FTE) Operating Expenses 234,201 234,201 6,461,212 a This amount shall be from restitution collected pursuant to Section 16-18.5-109 (3), C.R.S. b Of this amount, $661,090 shall be from departmental indirect cost recoveries and $105,432 shall be from statewide indirect cost recoveries, or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2). (B) Personnel Subprogram Personal Services 1,303,223 (18.7 FTE) Operating Expenses 86,931 1,390,154 1,390,154 (C) Offender Services Subprogram Personal Services 3,103,484 (44.1 FTE) Operating Expenses 62,044 3,165,528 3,165,528 (D) Communications Subprogram Operating Expenses 1,624,365 1,624,365 Dispatch Services 224,477 224,477 1,848,842 (E) Transportation Subprogram Personal Services 2,062,715 2,062,715 (35.9 FTE) Operating Expenses 433,538 433,538 Vehicle Lease Payments 3,263,106 2,763,118 499,988 a 2,671,107 2,255,806 415,301 a 5,759,359 5,167,360 a Of this amount, $477,101 $396,291 shall be from sales revenues earned by Correctional Industries, and $22,887 $19,010 shall be from sales revenues earned by the Canteen Operation. (F) Training Subprogram Personal Services 2,467,693 (33.0 FTE) Operating Expenses 286,981 2,754,674 2,754,674 (G) Information Systems Subprogram Operating Expenses 1,644,122 1,644,122 Payments to OIT 17,709,796 17,603,516 106,280 a CORE Operations 611,121 539,192 34,467 a 37,462 b 19,965,039 a Of these amounts, $123,576 shall be from Correctional Industries sales to non-state entities and $17,171 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 964,126 (9.7 FTE) Operating Expenses 83,096 1,047,222 1,047,222 42,392,030 41,800,031 (4) INMATE PROGRAMS (A) Labor Subprogram Personal Services 5,597,050 (88.7 FTE) Operating Expenses 88,017 5,685,067 5,685,067 (B) Education Subprogram Personal Services 12,474,355 11,456,366 1,017,989 a (189.1 FTE) Operating Expenses 5,172,718 3,622,619 1,139,084 a 411,015 b 4,519,163 2,969,064 Contract Services 237,128 237,128 Education Grants 113,894 10,000 c 76,244 d 27,650 (I) (2.0 FTE) Indirect Cost Assessment 381 381 (I) 17,998,476 17,344,921 a Of these amounts, $1,421,606 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 6,813,173 6,813,173 (116.7 FTE) Operating Expenses 71,232 71,232 a 6,884,405 a This amount shall be from sales revenues earned by the Canteen Operation. (D) Drug and Alcohol Treatment Subprogram Personal Services 5,240,141 5,240,141 (85.4 FTE) Operating Expenses 110,932 110,932 Services for Substance Abuse and Co-occurring Disorders 995,127 995,127 a Contract Services 2,425,799 2,075,799 350,000 a Treatment Grants 126,682 126,682 b 8,898,681 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 4,012,324 3,982,283 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) 4,412,697 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 618,417 (8.0 FTE) Operating Expenses 17,912 636,329 636,329 a a This amount shall be from sales revenues earned by the Canteen Operation. 44,515,655 43,862,100 (5) COMMUNITY SERVICES (A) Parole Subprogram Personal Services 18,754,082 18,754,082 (293.2 FTE) Operating Expenses 2,612,240 2,612,240 Contract Services 7,626,078 5,488,978 2,137,100 a Wrap-Around Services Program 1,834,291 1,834,291 Grants to Community-based Organizations for Parolee Support 1,000,000 1,000,000 Non-residential Services 1,215,818 1,215,818 Home Detention 69,383 69,383 33,111,892 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 6,100,515 6,100,515 (83.8 FTE) Operating Expenses 632,650 632,650 Community Mental Health Services 640,062 640,062 Psychotropic Medication 131,400 131,400 Contract Services 2,912,001 2,912,001 Contract Services for High Risk Offenders 221,200 221,200 Contract Services for Fugitive Returns 74,524 42,049 32,475 a 10,712,352 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 664,025 (8.0 FTE) Operating Expenses 141,067 Contract Services 1,062,396 1,867,488 1,867,488 (C) Community Re-entry Subprogram Personal Services 2,427,401 2,427,401 (41.6 FTE) Operating Expenses 146,202 146,202 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) 3,283,150 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. 48,974,882 (6) PAROLE BOARD Personal Services 1,441,951 1,499,683 (16.5 FTE) (17.5 FTE) Operating Expenses 106,390 Contract Services 272,437 1,820,778 1,820,778 1,878,510 1,878,510 (7) CORRECTIONAL INDUSTRIES Personal Services 10,521,747 3,350,744 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 2,208,992 846,343 a 1,362,649 b Capital Outlay 1,406,200 337,094 a 1,069,106 b Correctional Industries Grants 503,050 503,050 (I) Indirect Cost Assessment 677,605 140,983 a 285,373 b 251,249 (I) 57,069,610 a Of these amounts, $14,783,571 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, $35,588,371 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 1,970,856 (28.0 FTE) Operating Expenses 12,851,987 Inmate Pay 49,626 Indirect Cost Assessment 85,741 14,958,210 14,958,210 (I)a a This amount shall be from sales revenues earned by the Canteen Operation and is continuously appropriated to the division pursuant to Section 17-24-126 (1), C.R.S. TOTALS PART II (CORRECTIONS) $868,560,106 $779,703,369 $40,931,411 a $46,665,389 $1,259,937 b $851,667,885 $762,895,835 $40,846,724 a a Of this amount, $14,958,210 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 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. 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 only appropriations made in the medical services subprogram be used 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. 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. ________________________________________________________ Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Effie Ameen CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO