Colorado Legislative Council Staff

STATE

FISCAL NOTE

General Fund Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-504

Rep. Snyder

Date:

Bill Status:

Fiscal Analyst:

January 3, 1998

House Judiciary

Susan Colling (866-4784)

 

TITLE:            CONCERNING INFORMATION ABOUT A PERSON CONVICTED OF AN OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR



Summary of Legislation



STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



 



 

State Expenditures

General Fund

Other Fund


$0


$157,204

FTE Position Change

None

3.5 FTE

Local Government Impact — None



            This bill allows the release of information concerning the presence of convicted sex offenders in the community under certain conditions. By January 1, 1999, the bill requires agencies responsible for the supervision of persons convicted of an offense involving unlawful sexual behavior to establish and submit to the Sex Offender Treatment Board policies for the release of information.


            The bill requires the policies to specify the following:

 

                      criteria for determining if information will be disclosed;

                      what information may be disclosed;

                      to whom information may be disclosed;

                      how the information may be disclosed as to prevent harassment of the offender; and

                      a requirement that the information contain precautionary directions.


            According to the approved policies, the bill authorizes the release of information concerning sex offenders to at-risk persons by the supervising officer or to anyone requesting the information, unless it is determined that the disclosure would interfere with the offender’s treatment or rehabilitation.


            The bill would grant civil and criminal immunity to a supervising officer and the officer’s employer who act in good faith concerning the release of information. This immunity would also be granted to law enforcement agencies and their employees.


            Further, the bill authorizes approval from the Sex Offender Treatment Board on policies from law enforcement concering sex offenders who are required to register with law enforcement but are not under the supervision of another agency.


            The bill would require that at the time a sex offender is notified to register with law enforcement they must also register the address where they currently or intend to reside. The bill expands the crime of failure to register as a sex offender to also include failing to specify an address or specifying a false address.


            This bill would be effective upon signature of the Governor.


 

State Expenditures


            The bill would impact the expenditures of the Judicial Department, Office of Probation Services beginning in FY 1999-2000. The Judicial Department will require $157,204 General Fund and 3.5 FTE probation officers in FY 1999-2000 to implement the bill’s provisions. (See the Facts and Assumptions section for a discussion of the assumptions used to determine the expenditure impact).


            This fiscal note assumes that the board will approve notification policies by June 30, 1999, and that supervising officers will choose to notify at-risk individuals in 25 percent of sex offender cases. In addition, it is assumed that in each case where community notification is warranted, the notification will take 8 hours per offender.


            The projected probation sex offender caseload for FY 1999-2000 is 2,997 cases. Beginning July 1, 1999, supervising officers in probation departments would notify at-risk individuals in 25 percent (or 749) of the sex offender caseload. Community notification would require 5,992 hours of probation officer time in FY 1999-2000. Based on 1,728 available hours per year per probation officer, the Judicial Department, Office of Probation Services, would require 3.5 FTE probation officers in FY 1999-2000 at a total cost of $157,204 including personal services and operating expenses.


            Based on community corrections and parole caseloads in the Department of Corrections (DOC), this fiscal note assumes the provisions of the bill would have minimal impact to the DOC. It is assumed that 25 percent of sex offenders under the supervision of the DOC would be subject to community notification, 79 parole cases and eight community corrections cases. Therefore, any workload increases to the Department of Corrections can be absorbed within existing resources. In addition, the Department of Human Services indicates that any impact to the Division of Youth Corrections would be minimal and can be absorbed within existing resources.



Expenditures Not Included


            Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:

 

               health and life insurance costs;

               short-term disability costs;

               inflationary cost factors;

               leased space; and

               indirect costs.



Spending Authority


            This fiscal note indicates no spending authority is required to implement the bill’s provisions in FY 1998-1999. However, the Judicial Department would require $157,204 General Fund and 3.5 FTE to implement the bill’s provisions in FY 1999-2000.



Departments Contacted


            Alternate Defense Counsel

            Department of Corrections

            Department of Human Services

            Judicial

            Department of Law

            Department of Public Safety

            Public Defenders Office



            NOTE:: The Department of Corrections does not agree with this fiscal note. It is the position of the DOC that as the bill is currently written, they would need to notify on all sex offenders placed in the community, not 25 percent as this fiscal note assumes. The DOC submitted a fiscal note contingent on the DOC taking the position that liability and public safety issues override the “may” language provided in the bill. Further, without application of a valid risk assessment instrument, only the criteria developed by agencies responsible for the supervision and monitoring of sex offenders would be used when making the decision to notify at-risk individuals. The DOC hold that this established criteria will not be sufficient to protect public safety and the department from lawsuits. The DOC estimates that to implement the provisions of the bill, the DOC would require 5.5 FTE and General Fund appropriation in FY 1999-00 of $272,642, and additional General Fund appropriation thereafter.






FACTS AND ASSUMPTIONS



Facts

 

1.         There are currently 2,720 sex offenders being supervised by probation departments, 15 sex offenders in community corrections placements, and 175 sex offenders on parole.

 

2.         The projected probation sex offender caseload for FY 1998-1999 is 2,720 and for FY 1999-2000 is 2,997 cases.

 

3.         The projected community corrections caseload for FY 1998-1999 is 30 and for FY 1999-2000 is 30 cases.

 

4.         The projected parole sex offender caseload for FY 1998-1999 is 235 and for FY 1999-2000 is 316 cases.

 

5.         The Judicial Department’s FY 1998-99 Probation Services staffing model indicates each probation officer has 1,728 hours available per year for case-related activities.



Assumptions

 

1.         The Sex Offender Treatment Board will approve community notification policies by June 30, 1999.

 

2.         Community notification will be conducted in 25 percent of the sex offender cases.

 

3.         Beginning July 1, 1999, supervising officers in probation departments will notify at-risk individuals in 25 percent (or 749) of the sex offender cases.

 

4.         Beginning July 1, 1999, supervising community corrections officers will notify at-risk individuals in 25 percent (or 8) of the sex offender cases.

 

5.         Beginning July 1, 1999, supervising parole officers will notify at-risk individuals in 25 percent (or 79) of the sex offender cases.

 

6.         In each case where community notification is warranted, the notification process will take eight hours per offender per year.

 

7.         Community notification will require 5,280 hours of probation officer time in FY 1999-2000. Based on 1,728 available hours per year per probation officer, the Judicial Department, Office of Probation Services, would require 3.5 FTE probation officers in FY 1999-2000. The costs associated with the 3.5 FTE probation officers are detailed below:




Impact on General Fund Expenditures

 

FY 1998-99

Personal Services

$135,154

Operating Expenses

5,250

Capital Outlay (one-time costs)

15,050

Non-recurring Expenses

1,750

Total Expenses

FTE

$157,204

3.5




 

8.         Based on assumptions #4 and #5, any fiscal impact to the Department of Corrections will be minimal and can be absorbed within existing resources.