Summary of Legislation

            The reengrossed version of the bill contains the major provisions listed below.

            18-13-123. Unlawful use of gamma hydroxybutyrate (GHB) and ketamine.

            •    Subsection 1 makes it unlawful to possess GHB or ketamine.

            •    Subsection 2 makes it unlawful to manufacture, distribute, dispense, sell, or possess with intent to manufacture, distribute, dispense, or sell GHB or ketamine.

            •    Subsection 3 makes it unlawful to knowingly cause or attempt to cause any other person to unknowingly consume or receive direct administration of GHB or ketamine.

            •    Subsection 4 states that it is not a violation of any of the aforementioned sections if either substance is possessed, manufactured, distributed, dispensed, or sold for bona fide medical needs or under the direction of a person authorized to so judge.

            •    Subsection 5 establishes the following violations relating to sections 1 through 3 above:

                        ▫          Violations of subsection (1) are a class 1 misdemeanor; and

                        ▫          Violations of subsections (2) and (3) are a class 3 felony, except that the violation rises to a class 2 felony if the violation is subsequent to a prior conviction for a violation of subsections (2) or (3) discussed above.

            Section 3 of the bill provides an exception to the requirement that bills which result in a net increase in periods of imprisonment in state correctional facilities provide funding in the bill (Section 2-2-703, C.R.S.). Section 3 goes on to state that it is the General Assembly’s intent that any capital construction and operating costs associated with this bill be funded from savings created by House Bill 99-1168.

            The bill will take effect upon passage, except that it shall take effect only if House Bill 99-1168 is enacted.

State Revenues

            For purposes of this fiscal note, it is assumed that the number of persons convicted of possession of GHB or ketamine cannot be predicted. This provision has the potential to impact state revenues, since the fines associated with a class 1 misdemeanor, $500 to $5,000, are deposited in the General Fund. The fine may be in lieu of, or in addition to, six to 18 months in a county jail. The potential for time in a county jail causes a possible local government impact.

State Expenditures

            The provisions of the amendment that create a felony 3 classification for persons who 1) unlawfully manufacture, distribute, dispense, sell, or possess with intent to manufacture, distribute, dispense, or sell GHB or ketamine; or 2) who knowingly cause or attempt to cause any other person to unknowingly consume or receive direct administration of GHB or ketamine have a fiscal impact. For the purposes of this fiscal note, it is assumed that one offender every five years will be convicted as a class 3 felon under the provisions of the bill. The estimated length of prison stay for a person convicted of a class 3 felony is 49.9 months.

Five-Year Fiscal Impact on Correctional Facilities

            Although the reengrossed version of the bill provides an exception to the requirements of 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 for informational purposes. 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.

Local Government Impact

            The part of the amendment concerning possession of GHB or ketamine would increase county jail populations, assuming that the person convicted has committed a first-time offense.

State Appropriations

            The fiscal note implies that a FY 1999-00 General Fund appropriation is not required, contingent upon the passage of House Bill 99-1168.

Departments Contacted

            Alternate Defense Counsel     Corrections     Judicial           Law    State Public Defender