Colorado Legislative Council Staff

STATE

REVISED FISCAL NOTE

(replaces fiscal note dated March 27, 1998)

General Fund Expenditure Impact

Cash Funds Exempt Revenue and Expenditure Impact

TITLE:          CONCERNING FEMALE GENITAL MUTILATION.

Summary of Legislation

            The reengrossed bill pertains to female genital mutilation and includes the following provisions:

            •   requires the executive director of the Department of Public Health and Environment (DPHE), on or before July 1, 1999, to: (1) carry out appropriate and culturally sensitive education, prevention, and outreach activities concerning female genital mutilation; (2) inform the general public about the health risks and trauma associated with the practice; (3) educate the medical community about recommended standards of practice; and (4) inform the medical community and the general public of the criminal penalties for such action;

            •   authorizes DPHE to accept grants, gifts, and donations for the outreach activities;

            •   creates the Female Genital Mutilation Fund which shall be comprised of grants, gifts, and donations, and subject to annual appropriation by the General Assembly;

            •   expands the definition of child abuse to provide that a person commits child abuse if such person circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, vulva, or clitoris of a female child, or if a parent, guardian, or other person legally responsible for a female child or charged with the care or custody of a female child commits child abuse if he or she allows the circumcision, excision, or infibulation, in whole or in part, of such child’s labia majora, labia minora, vulva, or clitoris;

            •   stipulates that a belief that genital mutilation is required as a matter of custom, ritual, standard practice, or consent by the child on whom the procedures is being performed is not a defense;

            •   provides instances where the surgical procedure is not a crime; and

            •   is effective upon signature of the Governor and applies to offenses committed on or after that date.

State Revenues

            The bill creates the Female Genital Mutilation Fund. Revenue to the fund is to be from grants, gifts, or donations. It is estimated that in order to implement the culturally sensitive education, prevention, and outreach program, DPHE would need to receive $38,000 from gifts and donations.

State Expenditures

            Department of Public Health and Environment — Conditional Costs. DPHE will not incur any costs in FY 1998-99 to implement the outreach education program on female genital mutilation. This fiscal note assumes a minimum period of one year is required to access sufficient moneys to support the program. The bill is assessed as having a conditional fiscal impact for FY 1999-00 and beyond, contingent upon the receipt of adequate moneys to support the program. The bill requires that on or before July 1, 1999, DPHE shall implement the program, subject to available moneys. Because the level of revenue anticipated through grants, donations, and gifts cannot be quantified, the year in which expenditures may occur cannot be identified.

            DPHE will require $38,271 cash funds exempt in FY 1999-00. It is assumed that 0.3 FTE (Administrative Program Specialist II) will be needed in DPHE to administer the outreach education program on female genital mutilation. The FTE costs associated with this position are estimated at $13,271. Additionally, $25,000 will be needed for contractual training purposes to comply with the requirements of the prevention and outreach activities of the program. It is assumed that the program will go into effect July 1, 1999, after sufficient grants and donations are received. The implementation of the outreach education program is conditioned upon the receipt of gifts, grants and donations.

            Department of Corrections, FY 1998-99, $69,811 GF — For purposes of this fiscal assessment, it is assumed that 1.0 offender will be convicted every five years for this form of child abuse and sentenced to the DOC. The offense will be for class 3 felony child abuse which pertains to serious bodily injury. Although the bill includes language which exempts Section 2 of the bill from Section 2-2-703, C.R.S., because Section 2 of SB 98-041 may result in minor fiscal impact, this fiscal note is based on the assumption that an offender will enter the DOC in FY 1999-00 and construction costs of $69,811 General Fund will be needed in FY 1998-99 for the additional bed. The average sentence length for class 3 felony child abuse is 18.3 years, with an estimated average length of stay of 9.5 years.

Five-Year Fiscal Impact on Correctional Facilities

            Pursuant to Section 2-2-703, C.R.S., which requires that bills which would result in a net increase in periods of imprisonment not be passed without five years of appropriations for prison bed construction and operating costs, the following analysis is provided. Construction costs are estimated to be $69,811 per bed and operating costs $23,352 per bed. It should be noted that the construction costs reflect the funding needed to construct the beds in the fiscal year prior to when the additional offenders would enter the system.

Spending Authority

            The fiscal note indicates that for FY 1998-99 the Department of Corrections should receive the outstanding five-year appropriation, pursuant to Section 2-2-703, C.R.S. These amounts include: $69,811 in FY 1998-99; and $23,352 in FY 1999-00 through FY 2002-03. The bill includes an appropriation clause reflecting these amounts.

Departments Contacted

            Corrections                                         Legislative Council

            Human Services                                 Public Health and Environment 

            Judicial                                               State Public Defender