Colorado Legislative Council Staff

STATE and LOCAL

FISCAL NOTE

State General Fund Expenditure Impact

Local Expenditure Impact

TITLE:            CONCERNING LIMITATIONS ON THE EXPANSION OF PRISONS.

Summary of Legislation

            This bill would set requirements, after July 1, 1998, to a bill or amendment to a bill that would appropriate moneys for a new prison or an expansion of an existing prison. These requirements would be the following:

            ∙          referred to the Director of Research of the Legislative Council for an analysis of the capital construction costs and operating costs during the five fiscal years after construction is completed;

            ∙          referred to the Capital Development Committee that shall act as a committee of reference; and

            ∙          contain a current appropriation to pay for all anticipated construction costs and operational costs for the five fiscal years after construction is completed.

            The bill would authorize state prisoners over the age of 55 and state prisoners who have never been convicted of or pleaded guilty to specified violent offenses to be credited with emergency earned time. The bill states that any time prison populations exceed 95 percent capacity for 30 consecutive days, the Executive Director of the Department of Corrections (DOC) would be directed to declare an emergency. If an emergency has been declared, the bill would authorize the State Parole Board to reduce the sentence of any state prisoner by the amount of emergency earned time credited to that prisoner. Additionally, if an emergency has been declared, the bill would prohibit the State Parole Board from reincarcerating a parolee in a state-supervised prison for a violation of parole that does not constitute a crime.

State Expenditures

            The bill would have a fiscal impact on General Fund expenditures. The bill would require the DOC to declare a state of emergency when the prison population is over 95 percent capacity. This would require the release of state prisoners over the age of 55 and state prisoners who have never been convicted of or pleaded guilty to specified violent offenses. This fiscal note is based on the current prison population and the number of beds that have already been appropriated. This fiscal note also assumes that although new admissions to prison will not increase, it is likely that the increased parole population would result in a higher number of offenders being returned to prison for a new crime. Additionally, the bill provides the State Parole Board to increase an offender’s earned time, thus making them eligible for parole at an earlier date. Although the State Parole Board would continue to have discretion on releases, it is assumed that to maintain 95 percent of capacity, the required number of offenders would be released. It is possible that should the release rate decrease, the state could be in a state of emergency indefinitely.

            As of July 1, 1993, offenders sentenced to the DOC are required to serve a mandatory period of parole. It is assumed that the majority of prisoners who would be subject to release under the provisions of this bill would serve a period of parole. There would be offenders that were sentenced prior to the passage of mandatory parole that may also be released as a result of the bill, however, it is anticipated that the number of offenders not required to be placed on parole would be minimal.

            According to the DOC and the Legislative Council, in order to reach 95 percent capacity, the DOC would have to release 3,581 offenders beginning in July 1, 1998 and another 613 offenders January 1, 1998. Based on prison population projections prepared by the Legislative Council, it is estimated that under the provisions of the bill, the DOC would have 11 emergency releases over the next six years (See Table Two on page 6). This would require, by July 1, 2004, the release of 12,962 prisoners from the DOC facilities into community corrections or onto parole supervision. It is estimated that the bill would increase the parole population from 2,965 offenders (estimated in July 1998) to 11,206 offenders in July 2004; an increase of 8,241 parolees. Interstate compact parole (out-of-state) would increase from 934 parolees to 3,877 parolees who are released from the DOC facilities and supervised outside of Colorado.

            According to the DOC, as of January 1998, there were 5,025 offenders in prison eligible for parole who could be released by the State Parole Board. It is assumed that this group of offenders would fulfill the requirement for the number of releases necessary to reduce the prison population to 95 percent of capacity. This group of 5,025 offenders include 1,122 offenders currently re-incarcerated for a technical violation, 432 offenders re-incarcerated for a new felony conviction in addition to a technical violation, and 3,471 offenders that are new court commitments to prison. Of the latter group of offenders that are new court commitments, 74.4 percent have no previous DOC incarcerations. It appears that the DOC already has a group of eligible offenders that could be released onto parole and thus, reducing the population to 95 percent of capacity.

            It is projected that 57.8 FTE and $3,089,116 General Fund would be required in FY 1998-99 to provide supervision to offenders being released from the DOC facilities. The number of FTE is based on an average caseload of 60 parolees per parole officer. In addition, 2.0 FTE and $96,247 General Fund would be required in FY 1998-99 for those offenders released on parole to another state (interstate compact) but are still under the supervision of the Colorado DOC. The number of FTE for interstate compact is based on a caseload of 455 parolees per parole officer.

            In addition, offenders supervised in the community and placed on regular parole and Intensive Supervision Parole (ISP) may be subject to various program requirements; electronic monitoring, participation in the drug and alcohol treatment program called “Treatment Alternative to Street Crime” (TASC), polygraph tests, drug screens, and mental health treatment. The treatment and testing required of offenders on regular parole and ISP parole would require $2,925,447 in FY 1998-99. The cost of these subprograms per parolee are:

            ∙          electronic monitoring is approximately $4.10 per day (or $1,497 per year);

            ∙          the TASC program cost $600 annually (85.7 percent of ISP parolees and 78 percent of regular parolees);

            ∙          daily phone contact for ISP parolees average annual cost $913;

            ∙          drug screens average $12.50 per week for ISP parolees (or $650 annually);

            ∙          drug screens average three at $12.50 per week (or $37.50 annually);

            ∙          breathalyser tests average $7.50 per week (or $390 annually); and

            ∙          specific mental health treatment averages $254 per parolee (59 percent of ISP parolees and 52 percent of regular parolees).

            Further, the bill would have an impact on approximately four percent of fugitive returns, both domestic and interstate. This entails the arrest, incarceration and return of fugitive felons and averages $620 per fugitive. Therefore, this would require $84,965 in FY 1998-99.

            As a result of the proposed legislation, the estimated release of 3,581 offenders from the DOC would have an impact on the population in jail backlog. Offenders in jail backlog are serving time in jail for various reasons, including awaiting placement in a state prison. Although the bill would not eliminate this population, it would lower the number of offenders placed in backlog, resulting in a savings to the state. The bill would require $2,402,722 General Fund appropriation for offenders in jail backlog who are awaiting processing at the Denver Reception and Diagnostic Center (DRDC), have regressed from community placement, or have a parole revocation. Currently, $46,152,829 is appropriated to jail backlog, therefore the bill would have a savings of $43,750,107 in FY 1998-99 for jail backlog.

            Summary. Overall, the bill would require the prison population to be at 95 percent capacity, or 12,870 offenders. In order to reach this capacity level, the DOC would have to declare 11 emergency releases during the next six years, beginning in July 1998. This would require the release of 12,962 offenders starting July 1, 1998, with the release of 3,581 offenders.

            The bill would have a fiscal impact to the DOC as the cost of supervising an increased parole population would require additional resources and increased appropriations. In FY 1998-99, General Fund expenditures to the state would be $8,598,497. Due to the decrease in jail backlog, the state would incur a General Fund savings in FY 1998-99 of $43,750,107. Therefore, the net savings to the state General Fund in FY 1998-99 would be $35,151,610.

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.

Local Government Impact

            This fiscal note assumes the bill would have an impact on local government expenditures. The bill would prohibit any offender from being returned to prison for a technical violation or any other reason except for a new crime. It is assumed that some offenders may have their parole revoked and will be sent to jail or community corrections as a consequence for violating certain conditions of their parole sentences. The ability to revoke parole and send parolees to jail and community corrections is already in Colorado statute, however, local community corrections boards must give approval for the placement of an offender into their facility. This delay negates the ability to immediately remove a parolee from the streets and could have a substantial impact on the local jails. It cannot be determined at this time the amount of impact this would have on county jail space or community corrections facilities.

Spending Authority

            This fiscal note indicates that no additional spending authority or appropriations would be required in FY 1998-99.

Departments Contacted

            Alternate Defense Counsel

            Department of Corrections

            Department of Public Safety 

            Judicial

            Legislative Council

            State Public Defender

TABLE ONE

* Includes mental health treatment, drug and alcohol treatment, polygraph exams, breathalyser tests, electronic monitoring and drug screens.

TABLE TWO

*Admissions will increase after each release due to new commitments and parolees returning to prison for a new offense.