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 Impact — The 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.
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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) |
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|
|
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 |
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|
|
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 |
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|
|
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