First Regular Session
Sixty-first General Assembly
LLS NO. 970061.01 JBB
HOUSE BILL 971001
STATE OF COLORADO
BY REPRESENTATIVE Pankey;
also SENATOR Powers.
ENGROSSED
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE PAYMENT OF COSTS BY CRIMINAL OFFENDERS,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires state prisoners who possess electrical appliances
to pay a monthly utility fee to offset the department of corrections'
utility expenses. Directs the executive director of the department
of corrections to establish the monthly utility fee in an amount
not to exceed $2 and to report annually to the joint budget committee
and the office of state planning and budgeting on the amounts
collected and costs incurred.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 1 of title 17, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
171113.5. Electrical utilities charge to state prisoners. (1) THE EXECUTIVE DIRECTOR SHALL ESTABLISH BY RULE A REASONABLE UTILITY FEE, NOT TO EXCEED TWO DOLLARS PER MONTH, FOR ELECTRICAL UTILITIES THAT ARE USED BY STATE PRISONERS WHO ARE CONFINED TO ANY CORRECTIONAL FACILITY. THE DEPARTMENT SHALL CHARGE EACH STATE PRISONER WHO POSSESSES AT LEAST ONE ELECTRICAL APPLIANCE THE MONTHLY UTILITY FEE. THE DEPARTMENT SHALL DEDUCT THE UTILITY FEE QUARTERLY FROM THE STATE PRISONER'S ACCOUNT.
(2) THE FOLLOWING STATE PRISONERS SHALL BE EXEMPT FROM THE PAYMENT OF UTILITY FEES:
(a) INMATES AT THE DENVER RECEPTION AND DIAGNOSTIC CENTER WHO ARE NOT PERMANENTLY HOUSED AT THE FACILITY;
(b) INMATES WHO ARE MENTALLY ILL PERSONS AS DEFINED IN SECTION 2710102 (7), C.R.S.;
(c) INMATES WITH DEVELOPMENTAL DISABILITIES OR OTHER DISABILITIES; AND
(d) INMATES AT THE SAN CARLOS CORRECTIONAL FACILITY.
(3) THE DEPARTMENT SHALL USE THE MONEYS COLLECTED PURSUANT TO THIS SECTION TO OFFSET THE DEPARTMENT'S UTILITY EXPENSES. THE EXECUTIVE DIRECTOR SHALL REPORT THROUGH THE DEPARTMENT=S BUDGET EACH YEAR TO THE JOINT BUDGET COMMITTEE AND THE DIRECTOR OF THE OFFICE OF STATE PLANNING AND BUDGETING ON THE MONEYS THAT ARE COLLECTED AND SPENT PURSUANT TO THIS SECTION.
SECTION 2. Appropriations - appropriations in the long bill to be adjusted. For the implementation of this act, appropriations made in the annual general appropriation act to the department of corrections for the fiscal year beginning July 1, 1997, shall be adjusted as follows:
(1) The cash fund appropriation to institutions, utilities subprogram, shall be increased by one hundred eleven thousand three hundred twenty-three dollars ($111,323).
(2) The general fund appropriation to institutions, utilities subprogram, shall be decreased by one hundred eleven thousand three hundred twenty-three dollars ($111,323).
SECTION 3. Effective date. This act shall take effect on September 1, 1997, except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.