TITLE: CONCERNING EXPANSION OF THE CRIME OF ETHNIC INTIMIDATION, AND, IN CONNECTION THEREWITH, CHANGING THE NAME OF THE CRIME TO A HATE CRIME.

Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues
State Expenditures General Fund	$69,467	$24,105
FTE Position Change	0.0 FTE	0.0 FTE
Other State Impact: None.
Effective Date: July 1, 1999
Appropriation Summary for FY 1999-2000: $69,467 to the Department of Corrections.
Local Government Impact: None.

The bill expands the crime of ethnic intimidation to include intimidating a person because of that person's physical or mental disability, age, or sexual orientation. The bill changes the name of the crime of ethnic intimidation to a hate crime.

The bill includes language exempting the bill from Section 2-2-703, C.R.S. — General Assembly - bills which result in a net increase in periods of imprisonment in state correctional facilities - funding must be provided in the bill. Additionally, the bill includes a "no appropriation" clause relative to the provisions of the bill.

The bill would impact the expenditures of the Department of Corrections (DOC). According to the DOC database, nine offenders have been sentenced to the DOC between 1991 and 1998 for ethnic intimidation. Of these commitments, five offenders had additional and more serious convictions and the other four offenders were sentenced to the DOC for this offense. The average sentence for these four offenders was 25.5 months. It is assumed that by expanding the definition of a hate crime to include physical and mental disabilities, age, and sexual orientation, 1.0 additional offender every three years will be sentenced to the DOC as a class 5 felony offender. It is estimated that the number of additional offenders sentenced under this bill would be similar to the sentencing to date. According to Legislative Council staff, the average length of stay for a class 5 felony is 16.8 months. The expenditure impact to the DOC is provided in the following table.

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 $69,467 per bed and operating costs $24,105 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.

This fiscal note implies that for FY1999-2000, the Department of Corrections should be appropriated $69,467 General Fund, as well as the remaining five year appropriation of $57,852 (pursuant to Section 2-2-703, C.R.S.).

Since the bill contains an exception to the requirements of Section 2-2-703, C.R.S. and a no appropriation clause, the bill assumes the fiscal impact would be implemented within existing resources.

FIVE-YEAR FISCAL IMPACT ON CORRECTIONAL FACILITIES
Fiscal Year	ADA Impact	Construction Cost	Operating Cost	Total Cost
FY 1999-2000	0.0	$69,467	$0	$69,467
FY 2000-2001	1.0	0	24,105	24,105
FY 2001-2002	0.4	0	9,642	9,642
FY 2002-2003	0.0	0	0	0
FY 2003-2004	1.0	0	24,105	24,105
TOTAL		$69,467	$57,852	$127,319