Colorado Legislative Council Staff

STATE AND LOCAL

REVISED FISCAL NOTE

(replaces Fiscal Note dated November 24, 1997)

General Fund Expenditure Impact

Cash Funds Exempt Expenditure Impact

Federal Funds Expenditure Impact

Local Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-299

Rep. Grossman

 

Date:

Bill Status:

Fiscal Analyst:

February 9, 1998

House Judiciary

Susan Colling (866-4784)

 

TITLE:            CONCERNING SENTENCING OF A JUVENILE WHO IS ADJUDICATED FOR COMMISSION OF AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT.


Summary of Legislation


            STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



 



 

State Expenditures

General Fund

Federal Funds

Cash Funds Exempt - County Funds


($28,553)

54,568

120,541


($318,959)

137,981

304,764

FTE Position Change

Judicial Department

Department of Human Services - County Staff a/


4.5 FTE

3.7 FTE


4.7 FTE

9.3 FTE

Local Government ImpactThe bill would result in an increase in expenditures of $120,541 and 3.7 FTE at the county level in FY 1998-99 and an increase of $304,764 and 9.3 FTE in FY 1999-00 (See local government impact section below).

a/ County FTE are not part of the state personnel system. The state provides the structure for the Merit System, but supervision and hiring/firing decisions are made at the county level. The Long Bill has historically shown county FTE inconsistently, and does not reflect the actual number of county FTE.


This revised fiscal note reflects a technical calculation that increases county cash funds exempt.


The bill prohibits a court from committing a juvenile to the Department of Human Services if the juvenile is adjudicated for an offense that would constitute a misdemeanor if committed by an adult, unless the juvenile is a mandatory sentence offender. The bill would take effect upon passage and would apply to juveniles sentenced on of after this date.


State Expenditures


            The bill will impact the expenditures of the Department of Human Services and the Judicial Department. These impacts are discussed below.


            Department of Human Services. This fiscal note assumes that responsibility for adjudicated delinquents currently committed to the Department of Human Services, Division of Youth Corrections (DYC) for misdemeanor offenses will be shifted to the Department’s Division of Child Welfare and county-administered departments of social services. Thus, the bill would result in a reduction in expenditures by the DYC and an increase in expenditures by the Division of Child Welfare and county social services departments. The table on Page 3 summarizes the estimated fiscal impact to the DYC and the Division of Child Welfare (including county administration and out-of-home placement).


            Division of Youth Corrections. The bill would result in a reduction of 37.4 Average Daily Population (ADP) adjudicated delinquents in FY 1998-99 and a reduction of 94.6 ADP in FY 1999-00 who could not be committed to the department and placed in the custody of the DYC. Based on the current placement of juveniles adjudicated for misdemeanor offenses and committed to the DYC, this fiscal note assumes 50 percent of the 37.4 ADP reduction in FY 1998-99 represents juveniles in community residential placements and 50 percent represents juveniles being served in Residential Treatment Center (RTC) placements. As a result of these population reductions, the DYC would experience a reduction in expenditures of $1,494,580 in FY 1998-99 (including $741,318 General Fund and $753,262 Medicaid Cash Funds Exempt) and $3,780,407 in FY 1999-00 (including $1,875,097 General Fund and $1,905,310 Medicaid Cash Funds Exempt). Please see the Facts and Assumptions Section for additional detail on the assumptions used in calculating the fiscal impact.


            Division of Child Welfare and county departments of social services. The bill will result in an increase in expenditures to the Division of Child Welfare and county departments of social services since it is assumed that juveniles previously committed to the department’s DYC will instead be placed in the residential custody of county departments of social services. This fiscal note assumes 50 percent of these juveniles will be placed in RTC placements at an average daily rate of $143.87 per day/per youth and 50 percent will be placed in Proctor Care facilities at an average daily rate of $60.08 per day/per youth. As a result of these population increases, the Division of Child Welfare and county social services departments would experience an increase in expenditures of $1,486,211 in FY 1998-99 (including $557,840 General Fund, $753,262 Medicaid Cash Funds Exempt, $120,541 County Cash Funds Exempt, and $54,568 Federal Funds) and $3,758,566 in FY 1999-00 (including $1,410,511 General Fund, $1,905,310 Medicaid Cash Funds Exempt, $304,764 County Cash Funds Exempt, and $137,981 Federal Funds). In addition, the bill would result in an increase of 3.7 FTE county staff in FY 1998-99 and 9.3 FTE county staff in FY 1999-00. Please see the Facts and Assumptions Section for additional detail on the assumptions used in calculating the fiscal impact.



 

FY 1998-99

FY 1999-00

DIVISION OF YOUTH CORRECTIONS (DYC)

Reduction in Average Daily Population (ADP) Misdemeanant Offenders

(37.4)

(94.6)

Assume 50 percent of current misdemeanant youth are in community placements at an average cost per day/per youth of $72.91 General Fund.

(512,595)

(1,296,564)

Assume 50 percent of current misdemeanant youth are in Residential Treatment Centers at an average cost per day of $143.87 (including $110.36 per day/per youth Medicaid Cash Funds and $33.51 per day/youth General Fund).

(981,985)

(2,483,843)

Total - DYC

($1,494,580)

($3,780,407)

General Fund

(741,318)

(1,875,097)

Cash Funds Exempt (Medicaid Funds)

(753,262)

(1,905,310)

 

 

 

DIVISION OF CHILD WELFARE - County Administration 

 

 

Assume increase of 37.4 average monthly caseload in FY 1998-99 and 94.6 average monthly caseload in FY 1999-00.

Personal Services - (incl. county retirement, FICA, H/L)



119,389



301,729

Operating/Travel/Leased Space/Contractual Services

26,152

65,732

County FTE

3.7

9.3

Total - Division of Child Welfare

$145,541

$367,461

General Fund

106,973

270,084

Cash Funds Exempt (County Funds)

29,108

73,492

Federal Funds (Title IV-E)

9,460

23,885

 

 

 

DIVISION OF CHILD WELFARE - Out-of-Home Placement

Assume 50 percent of misdemeanants will be placed in Residential Treatment Facilities and 50 percent will be placed in Proctor Care.

$1,340,670

$3,391,105

General Fund

450,867

1,140,427

Cash Funds Exempt (County Funds)

91,433

231,272

Cash Funds Exempt (Medicaid Funds)

753,262

1,905,310

Federal Funds (Title IV-E)

45,108

114,096

 

 

 

NET IMPACT - DEPARTMENT OF HUMAN SERVICES

($8,369)

($21,841)

General Fund

(183,478)

(464,586)

Cash Funds Exempt (County Funds)

120,541

304,764

Cash Funds Exempt (Medicaid Funds)

0

0

Federal Funds (Title IV-E)

54,568

137,981


            Judicial Department. The Judicial Department will require $154,925 and 4.5 FTE probation staff in FY 1998-99 and $145,628 and 4.7 probation staff in FY 1999-00 to provide intensive probation services to 81 additional juveniles in FY 1998-99 and 86 additional juveniles in FY 1999-00. Misdemeanant youth currently committed to the DYC do not receive probation services. However, this fiscal note assumes these youth will be placed on intensive supervision probation by the court in addition to being placed in the custody of social services. Please see the Facts and Assumptions Section for additional detail on the assumptions used in calculating the fiscal impact.



Local Government Impact


            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; $9,957

               short-term disability costs; $284

               inflationary cost factors;

               leased space; and

               indirect costs.


Spending Authority


            This fiscal note indicates that for FY 1998-99, the appropriation to the Department of Human Services should be reduced by $8,369. This amount represents a General Fund reduction of $183,478, an increase in cash funds exempt of $120,541, and an increase in federal funds of $54,568. In addition, the appropriation to the Judicial Department should be increased by $154,925 and 4.5 FTE.



Departments Contacted


            Judicial

            Human Services


Omissions and Technical or Mechanical Defects


            The bill does not contain an effective date clause. Thus, it is unclear whether the bill applies to crimes committed, or sentences imposed, after the effective date.


FACTS AND ASSUMPTIONS



Facts

 

1.         In FY 1996-97 there were 220 juveniles were committed to the DYC for misdemeanor offenses. Of these 220 youth, 166.6 Average Daily Population (ADP) received nonmandatory commitments.

 

2.         Of the 166.6 ADP committed to the DYC in FY 1996-97, 83.8 had at least one recommitment prior to discharge or had two or more prior adjudications and could have been sentenced as a mandatory commitment.



Assumptions

 

1.         Based on Legislative Council Staff November 1996 projected DYC population increases, the bill would result in a reduction of 94.6 ADP by FY 1999-00.

 

2.         Assuming an average length of stay of 17 months, a reduction of misdemeanant commitments to the DYC would result in a reduction of 37.4 ADP in FY 1998-99 and another 57.2 ADP in FY 1999-00, or a total reduction of 94.6 ADP.

 

3.         Of the 94.6 reduction in ADP, 50 percent of the reduction (or 47.3 ADP) would occur with youth in community residential placements and 50 percent of the reduction (or 47.3 ADP) would occur with youth in RTC placements.

 

4.         The DYC reduction in ADP would be placed in the custody of county-administered social services departments. An estimated 50 percent would be served in RTC community placements and 50 percent would be served in Proctor Care community placements with an average length of stay of 17 months.

 

5.         The bill would result in an increase in caseload for social services departments. Social services costs have been calculated assuming a caseworker workload standard of one caseworker per 17 youth and associated support staff workload impact has been calculated using Department of Human Services and Child Welfare Settlement Agreement standards.

 

6.         Each of the youth placed by the court in the custody of socail services would also be placed on juvenile intensive supervision probation. This represents an estimated probation caseload increase of 81cases in FY 1998-99 and 86 cases in FY 1999-00.

 

7.         Based on a caseload standard of one probation officer per 25 cases, the Judicial Department would require 3.2 Probation Officer I FTE in FY 1998-99 and 3.4 Probation Officer I FTE in FY 1999-00. Based on a supervisory ratio of 1 supervisor per 10 probation officers, the Judicial Department would require 0.3 FTE Probation Supervisor I in FY 1998-99 and FY 1999-00. Based on a support staff ratio of 1 support staff to 4 probation officers, the Judicial Department would require an additional 0.9 Secretary I FTE in FY 1998-99 and FY 1999-00.

 

8.         The Judicial Department estimated FY 1998-99 costs associated with Assumption #7 are detailed below:

 

3.2 Probation Officer I (step I)$102,498

0.3 Probation Supervisor I (step I)15,208

                        0.9 Secretary I (step 1)                                 17,390

Operating Expenses2,066

Capital Outlay (one-time expenditure)17,763

Total$154,925