NOTE: The governor signed this measure on 3/23/2016.
      
      
      SENATE BILL 16-095
      
      
      BY SENATOR(S) Steadman, Grantham, Lambert, Guzman, Heath, Hodge,
      Jahn, Jones, Kefalas, Kerr, Lundberg, Merrifield, Todd;
      also REPRESENTATIVE(S) Young, Hamner, Rankin, Brown, Lontine.
      
      
      Concerning the five-year appropriations requirement for bills
           that change the periods of incarceration in state
           correctional facilities.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 2-2-701, amend (3);
      and add (4) as follows:
      
           2-2-701.  General assembly - bills regarding the sentencing of
      criminal offenders - legislative intent - definitions. (3)  On and after July
      1, 1994, any bill which is introduced at any session of the general assembly
      which affects criminal sentencing and which may result in a net increase or
      a net decrease in periods of imprisonment in state correctional facilities
      shall be reviewed by the director of research of the legislative council for
      the purpose of providing information to the general assembly on the
      long-term fiscal impact which may result from the passage of the bill,
      including the increased capital construction costs, and increased operating
      costs, and increased parole costs for the department of
      corrections for the first five fiscal years following passage the
      effective date of the bill. The division of criminal justice in the
      department of public safety in cooperation with the department
      of corrections shall annually provide incarceration and parole
      length of stay estimates to the director of research of the
      legislative council.
      
           (4)  For purposes of this part 7, "state correctional
      facilities" means any facility under the supervision of the
      department of corrections in which persons are or may be
      lawfully held in custody as a result of conviction of a crime and
      any prison facility operated by a county, city and county, or
      private corporation located in this state or another state;
      except that it does not include any local jail, multijurisdictional
      jail, or community corrections center.
      
           SECTION 2.  In Colorado Revised Statutes, amend 2-2-703 as
      follows:
      
           2-2-703.  General assembly - bills which result in a net increase
      in periods of imprisonment in state correctional facilities - funding
      must be provided in the bill. On and after July 1, 1991, no a bill may not
      be passed by the general assembly which would result in a net increase in
      periods of imprisonment in state correctional facilities unless, in such bill,
      there is an appropriation of moneys money which is sufficient to cover any
      increased capital construction costs, and any increased operating costs, and
      increased parole costs which are the result of such bill for the
      department of corrections in each of the first five years in which there
      is a fiscal impact as a result of the bill following the effective date of
      the bill. Moneys Money sufficient to cover such increased capital
      construction costs and increased operating costs for the first five fiscal
      years in which there is a fiscal impact as a result of the bill shall
      following the effective date of the bill must be estimated by the
      appropriations committee, and after consideration of such estimate the
      general assembly shall make a determination as to the amount of moneys
      money sufficient to cover the costs, and such moneys shall money must
      be appropriated in the bill in the form of a statutory appropriation from the
      general fund in the years affected. Any such bill which is passed on or after
      July 1, 1991, which is silent as to whether it is intended to be an exception
      to this section, shall not be deemed to be such an exception. Any bill which
      is enacted which is intended to be an exception to this section shall must
      expressly state such exception in such bill.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      10, 2016, if adjournment sine die is on May 11, 2016); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO