Colorado Legislative Council Staff

STATE and LOCAL

CONDITIONAL FISCAL IMPACT


Drafting Number:

Prime Sponsor(s):

LLS 99-0207

Sen. Phillips

Rep. Gotlieb

Date:

Bill Status:

Fiscal Analyst:

January 11, 1999

Senate Finance

Harry Zeid (303-866-4753)

 

TITLE:            CONCERNING PROHIBITION OF HAZING.



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund


Possible Increased Fine Revenue

State Expenditures

General Fund


 


 

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: None

Local Government Impact: Possible impact on county jails.



Summary of Legislation


            This bill would create a class 3 misdemeanor offense for engaging or participating in hazing. Hazing is defined as endangering the physical or emotional health of another for the purpose of initiation or admission into an association or organization. The definition of hazing would not include authorized training activities conducted by members of the armed forces of the State of Colorado or the United States.



State Revenues


            Per Section 18-1-106, C.R.S., the penalty for a class 3 misdemeanor ranges from a minimum $50 fine, to a maximum $750 fine and six months imprisonment. No term of imprisonment for conviction of a misdemeanor shall be served in any state correctional facility unless served concurrently with a term for conviction of a felony. Any confinement would be served in a county jail, but any fine imposed would be deposited in the state General Fund. Since the courts have the discretion of incarceration or imposition of a fine, the impact to the state General Fund, cannot be determined. It is assumed that state General Fund revenue as a result of the bill, if any, will be minimal.

Local Government Impact


            Any confinement imposed for an individual convicted of engaging or participating in hazing would be served in a county jail. Because the courts have the discretion of incarceration (up to six months) or imposing a fine, the impact at the local level cannot be determined. It is assumed that the impact of this new class 3 misdemeanor will be minimal and will not create the need for additional jail space at the county level.



State Appropriations


            The fiscal note would imply that no new state appropriations or spending authority are required to implement the provisions of the bill in FY 1999-00.



Departments Contacted


            Judicial           Corrections                 Public Safety              Public Defender

            Alternative Defense Council              Colorado Commission on Higher Education