Colorado Legislative Council Staff



(Replaces fiscal impact dated April 16, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0524

Rep. Veiga

Sen. Wham


Bill Status:

Fiscal Analyst:

April 27, 1999

Senate 2nd Reading

Kirk Mlinek (303-866-4784)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

General Fund

Cash Fund Exempt (Statewide Background Check Cash Fund)



FTE Position Change

2.0 FTE

3.0 FTE

Other State Impact: None.

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000:

Judicial Department – $2,950 Cash Fund Exempt

Department of Public Safety, Colorado Bureau of Investigation – $335,910 Cash Fund Exempt and 2.0 FTE.

Local Government Impact: None.

Summary of Legislation

            Section 1 of the reengrossed bill expands Section 16-11-204.3, C.R.S., concerning genetic testing as a condition of probation, to include any offender convicted of:


                a crime of violence, as defined in 16-11-309 (2);

                second degree murder, in violation of 18-3-103 (1);

                first degree assault, in violation of 18-3-202 (1);

                second degree assault, in violation of selected sections of 18-3-203;

                second degree kidnaping, in violation of 18-3-302 (4);

                first degree arson, in violation of 18-4-102 (3);

                burglary in the first degree, in violation of 18-4-202; or

                aggravated robbery, in violation of 18-4-302.

            Offenders are required to submit to and pay for a chemical test conducted for the purpose of determining the offenders' genetic markers. Blood samples are to be drawn within 90 days of being placed on probation, with said blood samples to be processed, filed, and maintained by the Colorado Bureau of Investigation (CBI). Any moneys received from offenders are to be deposited in the Violent Offender Identification Fund, which is created by the bill.

            Section 2 of the bill adds the blood testing requirement for persons convicted of the crimes noted in Section 1 above, and any person found guilty of a sexual offense under the department’s Code of Penal Discipline, as a condition of parole. Such testing is to occur prior to the offenders' release. Similar to Section 1, the CBI is required to process, file, and maintain test results.

            Section 3 creates in the state treasury the "Violent Offender Identification Fund." Moneys in the fund may consist of fees collected from offenders.

State Revenues

            The bill makes the Judicial Department responsible for drawing the blood of persons sentenced to probation. Although it is assumed that the department will charge $25 per blood draw, the department reports that it is unlikely that any revenue actually will be collected. For purposes of this fiscal note, it is assumed that no revenue will accrue from this provision.

State Expenditures

            The Judicial Department will be responsible for testing the persons sentenced to probation. The Department of Public Safety will be responsible for conducting the tests and storing the results. The Department of Corrections will be responsible for drawing the blood from the offenders sentenced to the DOC. The fiscal impact on each department is discussed below.

            Judicial Department. This fiscal note assumes that it will take six months for offenders affected by the proposed amendment to enter the system. Hence, there is only a half-year impact for FY 1999-00, the year of implementation. It is estimated that 118 samples will be collected in the first year at a cost of $2,950 (118 samples x $25 per sample) The full impact is realized in FY 2000-01.

            Although the legislation requires offenders to pay for the cost of having the sample collected, the Judicial Department reports that it is unlikely that the $25 fee per sample will be collected. If collected, the 118 samples to be drawn in FY1999-00 would yield revenue of $2,950. For purposes of this fiscal assessment, it is assumed that offenders will not be able to pay the fee and, as provided in the amendment, that a Cash Fund Exempt appropriation will be required to fund the cost of collecting these samples.


            Colorado Bureau of Investigation, Department of Public Safety. The bill, as amended, narrows the pool of persons requiring testing of their blood for the purpose of establishing genetic markers. The Judicial Department estimates that in FY 1999-00, the first year of implementation, 987 persons would be required to have blood drawn (869 associated with crimes that result in a sentence to DOC; 118 persons convicted of burglary who are sentenced to probation). It is estimated that a total of 1,414 offenders would have their blood drawn in FY 2000-01.


            Colorado Bureau of Investigation, Department of Public Safety. The Department of Public Safety, Colorado Bureau of Investigation, will perform the blood tests and store the results. It is estimated that the addition of the blood tests identified above will require 2.0 FTE to be hired in FY 1999-00, and an additional 1.0 FTE in FY 2000-01. Although the first full-year impact of the legislation will not occur until FY 2000-01, the department reports that the six-month training period for the new hires requires a July 1, 1999, appropriation. The department reports that similar cash funded programs have not yielded anticipated revenues, making it necessary to seek a supplemental appropriation to cover costs. The cost of implementation for the Department of Public Safety appears in Table 1 below. 

Table 1

Department of Public Safety

Cost of Implementation


FY 1999-00

FY 2000-01

Personal Services


(1.0 FTE Criminal Investigator;

1.0 FTE Materials Handler)


(2.0 FTE Criminal Investigators;

1.0 Materials Handler)

Operating Expenses






Non-recurring Expenses

Capital Outlay






Total Expenses



The Department of Public Safety would require appropriations in the amounts and in the years shown above.

            Department of Corrections. The Department of Corrections (DOC) would be responsible for blood draws for persons sentenced to the DOC. The blood draws will be taken prior to sentencing, at the time the offender enters the Denver Reception and Diagnostic Center. Collecting the sample prior to sentencing and transportation to the facility to which the offender will be assigned would eliminate the need for a sample to be taken prior to parole. This approach would eliminate any fiscal impact to the DOC.

State Appropriations

            As amended, the bill would be assessed as having a state fiscal impact. The amendment reinstates a July 1, 1999, effective date. The FY 1999-00 appropriation would total $338,860 and would be comprised of the following:

            Judicial Department   $2,950 Cash Fund Exempt

            Department of Public Safety  $335,910 Cash Fund Exempt and 2.0 FTE.

            The amendment states that the appropriations are to be made from any moneys remaining in the Statewide Instant Background Check Cash Fund, originally established in Section 12-26.5-107, C.R.S. The Department of Public Safety projects a $400,000 fiscal year-end balance in the aforementioned fund. The fiscal note implies that the department will need to seek an alternative source of funds to continue the program in FY 2000-01 and beyond.

Departments Contacted

            Corrections Public Safety Judicial Law