Colorado Legislative Council Staff



(Replaces fiscal impact dated April 15, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0486

Rep. Tool

Sen. Anderson


Bill Status:

Fiscal Analyst:

April 20, 1999

Senate Judiciary

Kirk Mlinek (303-866-4784)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

General Fund



FTE Position Change

0.0 FTE

2.5 FTE

Other State Impact: None.

Effective Date: July 1, 1999, for sections 1 and 2, 4 through 16, and 18 through 22; sections 3 and 17 will take effect July 1, 2000, only if House Bill 99-1168 is enacted and becomes law to change the penalty for driving with a revoked license from a class 6 felony to a class 1 misdemeanor.

Appropriation Summary for FY 1999-2000: None.

Local Government Impact: See Local Government section.

Purpose of Revised Fiscal Note

            This revised fiscal note corrects an error in all previous fiscal notes prepared for the bill. This fiscal note accurately shows that 2.5 FTE are required for FY 2000-01, and 1.5 FTE for FY 2001-02, and beyond, for ongoing duties of the Sex Offender Management Board as required in the bill. Previous fiscal notes under-reported the FTE requirements by 1.0 each year. The fiscal information contained in the first two fiscal notes was correct; only the FTE information was incorrect.

            This revised fiscal note also reflects the House amendment that delays to July 1, 2000, the implementation of the sections having fiscal impact.

Summary of Legislation

            The bill makes numerous changes to criminal laws concerning sex offenders. Each section of the bill is summarized below.

            Section 1: Allows public access to arrest and criminal records information concerning a juvenile charged with unlawful sexual behavior.

            Section 2: Clarifies that the requirement to register as a sex offender applies to persons convicted under federal law. Requires a sex offender who moves to Colorado to register as a sex offender in this state if the person was required to register as a sex offender in the state of conviction, regardless of the date of conviction.

            Sections 3-4: Requires sex offenders who are sentenced directly to jail or community corrections to undergo DNA testing. Instructs the sheriff to obtain the blood sample. Directs the Colorado Bureau of Investigation to conduct the DNA test and to maintain the test results on file. Make conforming amendments.

            Sections 5-6: Makes technical amendments to clarify the definition of "unlawful sexual behavior", including clarifying that the genetic testing requirement imposed as a condition of probation applies to persons receiving deferred judgments.

            Sections 7-8: Allows a judge to sentence a sex offender to a residential community corrections program as a condition of probation. Establishes procedures by which the sex offender may be released to probation in the community. Requires any sex offender released from a residential community corrections program to participate in the intensive supervision probation program for sex offenders.

            Sections 9-12: Extends the effective date for sexually violent predator evaluations to July 1, 1999. Requires the court to make a finding in every case involving a defendant convicted of certain offenses involving unlawful sexual behavior concerning whether the defendant is a sexually violent predator. Makes conforming amendments.

            Section 13: Requires Department of Corrections personnel or Department of Human Services Personnel, as appropriate and in cooperation with local law enforcement officers to verify that the address at which the offender plans to reside is 1) a residence; 2) that the occupants or owners know of the offender’s history of unlawful sexual behavior; and 3) that the occupants or owners have agreed to allow the offender to reside at the address. Should any of the aforementioned conditions not be met, the offender will be deemed as having provided false information.

            Section 14: Makes knowingly providing the false information identified in Section 13 an act that constitutes failure to register as a sex offender.

            Section 15: Makes a clarifying conforming amendment recognizing the court's ability to impose an indeterminate sentence pursuant to the "Colorado Sex Offender Lifetime Supervision Act of 1998".

            Section 16: Clarifies that sex offender evaluation services shall be provided in conformance with standards adopted by the Sex Offender Management Board.

            Section 17: Authorizes the Department of Corrections or the supervising officer for any sex offender sentenced under the "Colorado Sex Offender Lifetime Supervision Act of 1998" who has been identified as a sexually violent predator to request the court or the state board of parole to determine whether the sexually violent predator should potentially be subject to community notification.

            Instructs the Sex Offender Management Board to adopt a risk assessment instrument, criteria for determining whether community notification is appropriate, and procedures and protocols for community notification. Identifies the local law enforcement agency for the jurisdiction in which the sexually violent predator resides as the entity that would carry out the community notification. Instructs the Division of Criminal Justice within the Department of Public Safety to create a technical assistance team to assist law enforcement agencies in carrying out community notifications and to provide educational services to communities.

            Section 18: Amends the definitions of second and third degree sexual assault as related to children;

            Section 19: Clarifies that a registered person’s responsibility to notify appropriate authorities after moving to another jurisdiction includes moving to another state; adds requirement that the local law enforcement agency of the jurisdiction in Colorado from which the person moved to promptly notify the agency responsible for registration in the new state;

            Section 20: Permits persons responsible for notification to provide additional information, including whether or not the offender is subject to community notification pursuant to the provisions of proposed Section 16-13-903;

            Section 21-22: Provide for a no appropriation clause for selected sections and delayed implementation to July 1, 2000, of the sections having fiscal impact.


            Currently there is one FTE (FY 1998-99 appropriation of $71,972 General Fund) who supports the Sex Offender Management Board in its current statutory duties:


1)develop and prescribe a standardized procedure for the evaluation and identification of sex offenders (statutory deadline was January 1, 1996);


2)develop and implement guidelines and standards for a system of programs for the treatment of sex offenders which can be utilized by offenders who are placed on probation, incarcerated with the Department of Corrections, place on parole, or placed in community corrections (statutory deadline was January 1, 1996);


3)develop a plan for the allocation of moneys deposited in the Sex Offender Surcharge Fund;


4)consult on and approve the risk assessment screening instrument developed by the Division of Criminal Justice;


5)research and analyze the effectiveness of evaluation, identification, and treatment procedures and program developed pursuant to the statutory charge; and


6)develop criteria, in collaboration with the Department of Corrections, the Judicial Department, and the State Board of Parole, criteria for measuring a sex offender's progress in treatment (statutory deadline July 1, 1999).

State Revenues

            Section 3 of the bill permits courts to sentence directly to a county jail or a community corrections facility an offender convicted of certain unlawful sexual behavior. The bill goes on to require such persons to submit to, and pay for, a chemical testing of their blood to determine the genetic markers relating thereto. Although it is appropriate to assume some cash fund revenues may be received from this section of the bill, the Department of Public Safety reports that other such programs are collecting revenues at rates significantly below the amounts anticipated. For purposes of this fiscal note it is assumed that no such revenue will be collected.

State Expenditures

            This bill would impact the expenditures of the Department of Public Safety, as discussed below in Tables 1 and 2.

Fiscal Impact to the Department of Public Safety (DPS)

            Section 3 of the bill requires offenders convicted of an offense involving unlawful sexual behavior, or for which the factual basis involves unlawful sexual behavior, to submit to and pay for a chemical blood test to determine genetic markers as a condition of probation. The DPS assumes that 700 tests will be performed annually, requiring that one person be hired to provide technical support in preparing the blood samples for analysis and for completing data entry. As shown in Table 1 below, this provision impacts the expenditures of the DPS. Please note that the reengrossed version of the bill delays these costs until FY 2000-01.

Table 1

House Bill 99-1260

Fiscal Impact of Genetic Testing

Department of Public Safety


FY 2000-01

FY 2001-2002

Personal Services (1.0 FTE Criminal Investigator Intern)



Operating Expenses



One-time Capital Outlay



Additional Equipment

Blood Analysis Machine



Total Expenses



            It is assumed that the costs shown above will be borne by the General Fund.

            Section 17 of the bill also has a fiscal impact on the Department of Public Safety. This section of the bill mandates that specific tasks be completed by the 15-member Sex Offender Management Board (the board) in the Division of Criminal Justice, Department of Public Safety, and that a new technical assistance team be established in the Division of Criminal Justice. The board is required to develop and implement, by November 1, 1999, criteria, protocols, and procedures in a number of areas. The fiscal impact of this requirement is identified in Table 2 below.

Bill 99-1260 Table 2


Fiscal Impact on Sex Offender Management Board

Department of Public Safety


FY 2000-01

FY 2001-02

Personal Services


(0.5 FTE General

Professional IV;

1.0 FTE Contract)


(0.5 FTE General

Professional IV)

Operating Expenses



Travel Expenses






Total Expenses




0.5 FTE

1.0 Contract FTE

0.5 FTE

            For FY 2000-01, the costs noted above may be attributed to the following general areas of responsibility established by the bill:


1)  Establishment of Criteria, Protocols, and Procedures for Community Notification        $49,664

2)  Public Hearings                                                                                                               6,620

3)  Technical Assistance Team                                                                                               74,818

Total FY 2000-01 Impact on Sex Offender Management Board                                  $131,102


The following assumptions were used to derive the fiscal impacts noted above.


1)The Division of Criminal Justice (DCJ) will hire, train, and supervise a half-time professional staff person (0.5 FTE) and skilled contract staff to work with the Sex Offender Management Board in the development of the criteria, protocols, and procedures and to provide implementation training for the affected criminal justice system agencies; technical assistance to law enforcement agencies; and general sex offender education to communities.


2)DCJ will identify and convene two working groups to develop the criteria, protocols, and procedures, and to develop an implementation plan.


3)Complete a statewide mailing of the draft criteria, protocols, and procedures and hold four regional public hearings to solicit input and response from affected parties.


4)Promulgate the criteria, protocols, and procedures through publication and statewide distribution.


5)Develop training materials appropriate to implementation of the criteria, protocols, and procedures for the appropriate groups.


6)Provide ongoing training and assistance, as necessary, for appropriate parties.

Local Government Impact

            Section 3 of the bill also affects sheriffs' departments at the local government level. Sheriffs of the jurisdiction in which the jail or community corrections facility (to which the offender is sentenced) is located are responsible for collecting the blood samples to be tested. It is assumed that these costs will be absorbed by the sheriffs.

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 of $6,196;

               short-term disability costs of $125;

               inflationary cost factors;

               leased space of $3,040; and

               indirect costs.

State Appropriations

            As amended, the bill would be assessed as having a state fiscal impact. The delay of the implementation date to July1, 2000, implies that no appropriation is required for FY 1999-00. The FY 2000-01 appropriation to the Department of Public Safety would total $241,551 General Fund and 2.5 FTE. 

Technical Defects or Omissions

            The reengrossed version of the bill contains two provisions that result in fiscal impact. Section 22 (1) of the bill appropriately references Section 3 as one of the sections with fiscal impact. The reference to Section 16 of the bill is incorrect. As amended by the House, the second section of the bill having fiscal impact is Section 17.

Departments Contacted


            Judicial           DOC   Law    Public Safety              Alternate Defense Counsel