Colorado Legislative Council Staff

STATE

FISCAL NOTE

General Fund Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-448

Sen. Rupert

 

Date:

Bill Status:

Fiscal Analyst:

February 2, 1998

Senate Judiciary

Susan Colling (866-4784)

 

TITLE:            CONCERNING SENTENCES FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1999.



Summary of Legislation



STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund

 

 

State Expenditures

General Fund

Other Fund

$17,937

0

FTE Position Change

.35

None

Local Government Impact — None


            This bill would require persons convicted of crimes committed on or after July 1, 1999, to be released on parole after they have served their entire sentence less up to 15 percent for earned time and up to 10 percent for successful completion of educational programs. The bill directs the Executive Director of the Department of Corrections to establish by rule objective criteria for earned time and the percentage of sentence reduction, up to two percent, for successful completion of educational programs.


            For persons who violate parole, the bill would authorize the Parole Board to maintain and modify terms of parole or order that person be reincarcerated for the length of time that the sentence was reduced for earned time or educational credit.


            The above changes would only apply if a bill enacted in the next regular session of the General Assembly becomes law that changes criminal sentences and does not increase appropriations to the Department of Corrections.


            The bill would require the State Court Administrator to report to the Judiciary Committees and the Joint Budget Committee of the General Assembly by October 1, 2003, on the continuing needs, size, and responsibilities of the State Board of Parole.


            Further, a 15-member Truth in Sentencing Council would be established to recommend to the General Assembly changes in criminal sentences that will result in no fiscal impact but will result in offenders serving at least 75 percent of the sentence imposed. The Council would be required to submit recommendations to a joint meeting of the House Judiciary and Senate Judiciary Committees on or before November 1, 1998.


            The bill would be effective upon signature of the Governor.


State Expenditures


            This fiscal note assumes that the 15 members of the Truth-In-Sentencing Committee will meet four times and legislator members will receive expense reimbursement. Legislator members would be compensated as set forth in Section 2-2-307, C.R.S. All members would be reimbursed for actual and necessary expenses of $50 per meeting. Additionally, staff assistance from the Legislative Council and the Office of Legislative Legal Services would be used as task force support. Meeting costs and staff resource requirements are identified in the following table.


TABLE 1

ESTIMATED FISCAL IMPACT

TRUTH-IN-SENTENCING COMMITTEE

Item

Assumptions/ Calculations

Total

Member Expense Reimbursement

(15 members)

$50/per day x 15 x 4 Meetings

$3,000

Legislator Per Diem

(4 members @ $99/per day )

$99/per day x 4 x 4 Meetings

$1,584

Legislative Council Staff

(Includes PERA & Medicare)

0.25 FTE Research Staff

8,756

Legal Services Staff

(Includes PERA & Medicare)

0.10 FTE Staff Attorney

4,597

Total Expenses

 

$17,937


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; $838

            •   short-term disability costs; $ 25

Spending Authority


            If this bill is not approved by the Legislative Council as part of the regular interim studies currently budgeted, the Legislative Department would require a total General Fund appropriation of $17,937 and 0.35 FTE to implement the provisions of the bill for FY 1998-99. Of this amount, the General Assembly would require an additional General Fund appropriation of $1,584, the Legislative Council would require a General Fund appropriation of $11,756 and 0.25 FTE General Fund and the Office of Legislative Legal Services would require a General Fund appropriation of $4,597 and 0.1 FTE.

 


Departments Contacted


            Department of Corrections

            Department of Law

            Judicial

            Legislative Council

            Office of Legislative Legal Services