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Second Regular Session
Sixty-first General Assembly
LLS NO. 980370.01 JJC
HOUSE BILL 981133
STATE OF COLORADO
BY REPRESENTATIVE Dean;
also SENATOR Powers.
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING THE CREATION OF INCENTIVES TO PREVENT
RECEIPT BY INMATES OF ILLEGAL PAYMENTS UNDER PUBLIC PROGRAMS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires the department of corrections, county sheriffs, the department of human services, and the department of labor and employment to develop a system for reporting identifying information about persons confined in local jails and state correctional facilities to identify persons who should be disqualified from receiving payments under public programs while incarcerated.
Requires that a portion of the moneys saved by identifying
such disqualified persons be paid as a reward to either the department
of corrections or the sheriff, whichever reported the information.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
171103.3. Prevention of erroneous payments to prisoners identifying information reporting system. (1) IN ORDER TO ELIMINATE ERRONEOUS PAYMENTS OF BENEFITS TO PERSONS CONFINED IN CORRECTIONAL FACILITIES OR LOCAL JAILS IN THE STATE, THE DEPARTMENT, COUNTY SHERIFFS, THE DEPARTMENT OF HUMAN SERVICES, AND THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL COOPERATIVELY DEVELOP A SYSTEM FOR REPORTING IDENTIFYING INFORMATION ABOUT PERSONS CONFINED IN CORRECTIONAL FACILITIES OR LOCAL JAILS FOR A PERIOD EXCEEDING THIRTY DAYS TO STATE AGENCIES RESPONSIBLE FOR THE ADMINISTRATION OF WORKERS' COMPENSATION AND PUBLIC ASSISTANCE BENEFITS. SUCH A SYSTEM SHALL BE IMPLEMENTED ON OR BEFORE JULY 1, 1999, WITHIN EXISTING APPROPRIATIONS.
(2) ON AND AFTER THE IMPLEMENTATION DATE OF THE INFORMATION REPORTING SYSTEM DEVELOPED PURSUANT TO SUBSECTION (1) OF THIS SECTION, BUT IN ANY EVENT NO LATER THAN JULY 1, 1999, THE DEPARTMENT AND EACH SHERIFF IN THE STATE SHALL PERIODICALLY TRANSMIT IDENTIFYING INFORMATION ABOUT EACH PERSON CONFINED IN A CORRECTIONAL FACILITY OR LOCAL JAIL FOR A PERIOD EXCEEDING THIRTY DAYS TO THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF LABOR AND EMPLOYMENT.
SECTION 2. Part 1 of article 1 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
261127.5. Prevention of erroneous payments to prisoners incentives. (1) IN THE EVENT THE IDENTIFYING INFORMATION TRANSMITTED TO THE STATE DEPARTMENT PURSUANT TO SECTION 171103.3 (2), C.R.S., RESULTS IN THE TERMINATION OF BENEFITS FROM ANY PROGRAM ADMINISTERED BY THE STATE DEPARTMENT, THE STATE DEPARTMENT SHALL PAY AS A REWARD TO THE DEPARTMENT OF CORRECTIONS OR THE SHERIFF, WHICHEVER REPORTED THE INFORMATION, TEN PERCENT OF EACH OF THE FOLLOWING:
(a) ANY PORTION OF ONE MONTH'S BENEFIT THAT WOULD HAVE BEEN PAYABLE TO THE INCARCERATED RECIPIENT THAT CONSISTS OF STATE MONEYS;
(b) ANY PORTION OF ONE MONTH'S BENEFIT THAT WOULD HAVE BEEN PAYABLE TO THE INCARCERATED RECIPIENT THAT CONSISTS OF FEDERAL MONEYS GRANTED TO THE STATE, UNLESS FEDERAL LAW PROHIBITS THE USE OF SUCH GRANT MONEYS FOR THE PURPOSE SPECIFIED IN THIS SUBSECTION (1);
(c) ANY PORTION OF ONE MONTH'S BENEFIT THAT WOULD HAVE BEEN PAYABLE TO THE INCARCERATED RECIPIENT THAT CONSISTS OF FEDERAL MONEYS MADE AVAILABLE BY WAIVER FOR THE PURPOSE SPECIFIED IN THIS SUBSECTION (1).
(2) THE EXECUTIVE DIRECTOR MAY APPLY FOR ANY FEDERAL WAIVERS NECESSARY TO MAXIMIZE THE AMOUNT OF THE INCENTIVE PAYMENTS TO THE DEPARTMENT OF CORRECTIONS AND TO SHERIFFS.
(3) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (3), THE STATE DEPARTMENT SHALL NOT PAY A REWARD TO THE DEPARTMENT OF CORRECTIONS OR TO A SHERIFF FOR PROVIDING IDENTIFYING INFORMATION PURSUANT TO SUBSECTION (1) OF THIS SECTION IN CONNECTION WITH A PARTICIPANT IN THE COLORADO WORKS PROGRAM, CREATED PURSUANT TO PART 7 OF ARTICLE 2 OF THIS TITLE, UNLESS THE FEDERAL GOVERNMENT PERMITS ANY AMOUNT PAID AS A REWARD TO QUALIFY AS AN EXPENDITURE FOR THE PURPOSES OF MEETING THE STATE MAINTENANCE OF HISTORIC EFFORT REQUIRED PURSUANT TO SECTION 262713.
(b) THE STATE DEPARTMENT SHALL NOT PAY A REWARD AS AUTHORIZED UNDER THIS SECTION IF THE STATE COSTS OF IMPLEMENTING THE PROVISIONS OF THIS SECTION EXCEED THE OVERALL SAVING OF STATE MONEYS THAT THE STATE DEPARTMENT ESTIMATES SHALL BE REALIZED BY IMPLEMENTING THIS SECTION.
SECTION 3. 842113, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
842113. Limitations on payments to prisoners incentives to sheriffs and department of corrections. (1.5) (a) IN THE EVENT THE IDENTIFYING INFORMATION TRANSMITTED BY THE DEPARTMENT OF CORRECTIONS OR A SHERIFF TO THE DEPARTMENT OF LABOR AND EMPLOYMENT PURSUANT TO SECTION 171103.3 (2), C.R.S., RESULTS IN THE TERMINATION OF PUBLIC ASSISTANCE BENEFITS PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE EMPLOYER OR THE INSURANCE CARRIER, IF ANY, SHALL PAY TO THE DEPARTMENT OF CORRECTIONS OR THE SHERIFF, WHICHEVER REPORTED THE INFORMATION, A REWARD EQUAL TO TEN PERCENT OF ONE WEEK'S BENEFIT TO WHICH THE INELIGIBLE INDIVIDUAL WOULD OTHERWISE BE ELIGIBLE TO RECEIVE BENEFITS.
(b) AN INDIVIDUAL WHO IS INELIGIBLE PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE ORDERED TO REPAY TO THE EMPLOYER OR THE INSURANCE CARRIER, IF ANY, ANY AMOUNTS RECEIVED WHILE NOT ELIGIBLE PLUS A PENALTY OF FIFTY PERCENT OF THE AMOUNT WRONGFULLY RECEIVED.
SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 5. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.