Colorado Legislative Council Staff

STATE

REVISED FISCAL NOTE

(Replaces Fiscal Note dated January 15, 1998)

No General Fund Impact

Cash Fund Expenditure Impact

TITLE:            CONCERNING THE ADMINISTRATION OF THE ALCOHOL AND DRUG DRIVING SAFETY PROGRAM.

Summary of Legislation

            The reengrossed bill would change the responsibility for the administration of Alcohol and Drug Driving Safety Programs (ADDS) in each judicial district from the Division of Alcohol and Drug Abuse (ADAD) in the Department of Human Services to the Judicial Branch. ADAD’s authority to contract for services related to the administration of the program would be eliminated and reassigned to the Judicial Branch. The program would be maintained in each judicial district. Presentence and postsentence alcohol and drug evaluations would be conducted by persons the Judicial Branch determined to be qualified, rather than persons certified by ADAD. ADAD would approve level I and level II drug and alcohol education and treatment programs.

            The bill clarifies language that allows a judge to assess a fee to cover the presentence or postsentence alcohol and drug evaluation and supervision services. Current law requires, and this bill would continue, the provision that allows the General Assembly to approve any fee increases. The Judicial Branch and ADAD would jointly develop criteria for evaluation techniques, treatment referral, data reporting, and program evaluation. This bill would become effective July 1, 1998.

State Expenditures

            Under current law, the Judicial Branch collects $156 in fees which are deposited into the Alcohol and Drug Driving Safety Program Fund for every drunk driving conviction. The fund is appropriated to the Department of Human Services in ADAD. ADAD administers and monitors the program. They also contract with the Judicial Branch to conduct ADDS programs in each judicial district. The Judicial Branch receives a cash fund exempt transfer to fund the programs in each judicial district. This bill would appropriate the fund to the Judicial Branch which would contract with ADAD in the Department of Human Services to approve alcohol and drug driving safety education or treatment programs. The Department of Human Services would receive a cash exempt fund appropriation to approve these programs.

            Under the provisions of SB 98-025, ADAD would no longer be responsible for certifying and training Judicial Branch employees to conduct the ADDS program and program review (currently provided on a contract basis with a private vendor). ADAD would not require a reduction in FTE. The Judicial Branch would be responsible for training, development of evaluation techniques, treatment referral, data reporting, and program evaluation. It is assumed that these functions would be accomplished on a contract basis. The Judicial Branch would not require additional FTE. The cash fund spending authority to the Department of Human Services would be reduced by $3,825,553 from $4,132,595 and they would receive a $307,042 cash exempt fund spending authority from the Judicial Branch. The Judicial Branch would receive a cash fund spending authority increase of $3,825,553 and a corresponding decrease in cash exempt fund spending authority from the Department of Human Services.

Spending Authority

            This fiscal note implies that the Department of Human Services would require a reduction in Alcohol and Drug Driving Safety Program Fund spending authority of $3,825,553 and a $307,042 increase in cash exempt fund spending authority for FY 1997-98. The Judicial Branch would require an increase in Alcohol and Drug Driving Safety Program Fund spending authority of $3,825,553 for FY 1997-98 to implement this bill. The Judicial Branch’s cash exempt spending authority for this program would be eliminated.

Departments Contacted

Human Services         Judicial           Revenue