LLS NO. 99-0552.01 Bart Miller SENATE BILL 99-176

BY SENATORS Lacy, Owen, and Tanner;

also REPRESENTATIVES Tool, Berry, and Saliman.

APPROPRIATIONS

Concerning a supplemental appropriation to the department of corrections.

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Makes a supplemental appropriation to the department of corrections.

SECTION 1. Part II of section 2 of chapter 336, Session Laws of Colorado 1998, is amended to read:

Section 2. Appropriation.

PART II
DEPARTMENT OF CORRECTIONS
(1) MANAGEMENT
(A) Executive Director's Office Subprogram6
Personal Services	3,712,580			3,686,360				26,220	a
	3,729,663			3,670,220						59,443	a
				(63.0 FTE)				(1.0 FTE)	b
				(62.4 FTE)						(1.3 FTE)
Health, Life, and Dental	9,795,479			9,450,723				40,930	b	303,826	c
	9,697,992			9,353,236
Short-term Disability	297,141			286,117				1,266	b	9,758	c
	293,589			282,565
Salary Survey, Anniversary Increases, and Shift Differential	17,681,663			17,296,740				47,345	b	337,578	c
	17,665,309			17,280,386
Workers' Compensation	5,143,500			4,953,190				20,574	b	169,736	c
Operating Expenses	409,414			409,414
	414,277			409,750						4,527	d
Legal Services for 13,480 14,809 hours	743,748			719,188				2,821	b	21,739	c
	889,859	e		865,299
Payment to Risk Management and Property Funds	1,877,580			1,808,110				7,510	b	61,960	c
	1,706,700			1,643,553				6,826	b	56,321	c
Leased Space	1,336,546			1,235,384						101,162	c
	1,347,504			1,245,554						101,950	c
Start-up Costs	31,748			31,748
	36,213									4,465	d
	41,029,399
	40,924,606
a This amount Of this amount, $42,408(T) shall be from State Victims Assistance and Law Enforcement funds appropriated in the Department of Public Safety, Division of Criminal Justice, and $17,035 shall be from reserves in the Drug Offender Surcharge Fund.
b These amounts shall be from sales revenues earned by the Canteen Operation.
c These amounts Of these amounts, $1,000,120 shall be from sales revenues earned by Correctional Industries, and $788 shall be from reserves in the Drug Offender Surcharge Fund.
d Of these amounts, $6,542 shall be from reserves in the Drug Offender Surcharge Fund, and $2,450(T) shall be from State Victims Assistance and law Enforcement funds appropriated in the Department of Public Safety, Division of Criminal Justice.
e Of this amount, $727,273 shall be used to purchase 14,809 hours of legal services from the Attorney General's Office, $81,475 shall be used to contract for legal services from private firms for litigation at Rifle Correctional Center, and $81,111 shall be used to contract for legal services from private firms for litigation at Trinidad Correctional Facility.
(B) Jail Backlog Subprogram7
Personal Services	403,114
	(10.0 FTE)
Operating Expenses	187,205
Start-up Costs	15,839
Payments to House State Prisoners in Local Jails8	14,859,826
	11,349,231
Payments to House State Prisoners in Private Facilities8, 9	45,263,682
	45,007,166
	60,729,666			54,543,706								6,185,960	a
	56,962,555			52,052,457								4,910,098	a
a This amount shall be from a federal reimbursement for housing illegal aliens that is anticipated to be awarded in the 1998-99 fiscal year and is subject to appropriation by the General Assembly.
		101,759,065
		97,887,161
(2) INSTITUTIONS
(A) Utilities Subprogram10	8,288,239			7,795,996						492,243	a
	8,423,135			7,930,892
a This amount shall be from sales revenues earned by Correctional Industries.
(B) Maintenance Subprogram
Personal Services	9,989,353
	9,958,825
	(238.9 FTE)
	(237.8 FTE)
Operating Expenses	2,833,935
	2,755,801
Purchase of Services	136,606
Start-up Costs	91,767
	13,051,661			13,051,661
	12,942,999			12,942,999
(C) Housing and Security Subprogram
Personal Services	77,574,734
	76,703,069
	(2,104.2 FTE)
	(2,078.9 FTE)
Operating Expenses	1,146,850
	1,117,546
Start-up Costs	25,776
	78,747,360			78,747,360	a
	77,846,391			77,846,391	a
a In addition to the funding provided in this line item, it is the intent of the General Assembly that the Department of Corrections utilize the $43,633 General Fund appropriations contained in Sections 17-1-118 (1)(c) and 17-1-120 (2)(b), C.R.S. for these purposes.
(D) Food Service Subprogram
Personal Services	7,894,655			7,894,655
	7,798,228			7,798,228
				(200.3 FTE)
				(197.5 FTE)
Operating Expenses	10,159,909			10,079,909								80,000
	9,962,320			9,882,320
Purchase of Services	335,477			335,477
	18,390,041
	18,096,025
(E) Medical Services Subprogram11
Personal Services	14,144,718			14,116,718				28,000	a
	14,039,870			14,011,870
				(273.2 FTE)				(0.8 FTE)
				(271.1 FTE)
Operating Expenses	5,251,615			5,251,615
	5,128,249			5,128,249
Purchase of Inpatient Services from Other Medical Facilities12	4,281,076			4,281,076
	4,672,929			4,672,929
Purchase of Outpatient Services from Other Medical Facilities12	5,015,060			5,015,060
	5,533,481			5,533,481
Service Contracts	1,590,248			1,590,248
	1,549,150			1,549,150
Start-up Costs	272,430			272,430
	30,555,147
	31,196,109
a This amount shall be from inmate medical fees pursuant to Section 17-1-113, C.R.S.
(F) Laundry Subprogram
Personal Services	1,145,652
	1,127,619
	(28.9 FTE)
	(28.4 FTE)
Operating Expenses	1,191,353
	1,167,622
	2,337,005			2,337,005
	2,295,241			2,295,241
(G) Superintendents Subprogram
Personal Services	8,846,534
	8,838,239
	(183.5 FTE)
	(181.9 FTE)
Operating Expenses	2,584,719
	2,555,509
Contract Services	823,932
	896,817
Start-up Costs	2,150,970
	1,470,970
	14,406,155			14,406,155
	13,761,535			13,761,535
(H) Boot Camp Subprogram
Personal Services	1,358,879
	(39.0 FTE)
Operating Expenses	61,075
	1,419,954			1,419,954
(I) Youth Offender System Subprogram
Personal Services	8,601,595
	8,121,925
	(231.3 FTE)
	(217.3 FTE)
Operating Expenses	307,500
	270,525
Contract Services	94,792
	75,970
Residential Contract Services	483,075
	201,140
Purchase of Services	1,099,927
	1,017,826
Start-up Costs	357,100
	10,943,989			10,943,989
	10,044,486			10,044,486
(J) Case Management Subprogram
Personal Services	8,056,603
	7,962,645
	(185.0 FTE)
	(182.5 FTE)
Operating Expenses	102,923
	102,162
Start-up Costs	91,467
	8,250,993			8,250,993
	8,156,274			8,156,274
(K) Mental Health Subprogram
Personal Services	2,817,928
	2,807,769
	(47.1 FTE)
	(46.8 FTE)
Operating Expenses	36,414
	35,242
Medical Contract Services	800,165
	733,415
	3,654,507			3,654,507
	3,576,426			3,576,426
(L) Inmate Pay Subprogram	1,877,158			1,877,158
	1,851,425			1,851,425
(M) San Carlos Subprogram
Personal Services	10,334,193
	(223.4 FTE)
Operating Expenses	239,741
Service Contracts	565,950
	11,139,884			11,139,884
(N) Legal Access Subprogram
Personal Services	639,294
	635,353
	(11.5 FTE)
	(11.4 FTE)
Operating Expenses	249,390
	235,745
	888,684			888,684
	871,098			871,098
(O) Dress Out Subprogram
Operating Expenses	518,585			518,585
		204,469,362
		202,139,567
(3) SUPPORT SERVICES
(A) Business Operations Subprogram
Personal Services	4,617,411			4,061,423				495,870	a	60,118	(T)b
	4,588,666			4,032,678
				(96.9 FTE)				(12.0 FTE)		(1.5 FTE)
				(96.1 FTE)
Operating Expenses	236,387			236,387
	234,035			234,035
Start-up Costs	22,038			22,038
	4,875,836
	4,844,739
a Of this amount, $32,527 shall be from restitution collected pursuant to Section 17-2-201(5)(c)(III), C.R.S. and $463,343(T) shall be from sales revenues earned by Correctional Industries. For informational purposes, of the sales revenues earned by Correctional Industries, $54,193 shall be used for statewide indirect costs and $409,150 shall be used for departmental indirect costs.
b This amount shall be from sales revenues earned by the Canteen Operation. For informational purposes, of the sales revenues earned by the Canteen Operation, $7,031 shall be used for statewide indirect costs and $53,087 shall be used for departmental indirect costs.
(B) Personnel Subprogram
Personal Services	1,034,288
	1,026,884
	(29.3 FTE)
	(29.0 FTE)
Operating Expenses	51,291
	49,829
Start-up Costs	49,115
	1,134,694			1,134,694
	1,125,828			1,125,828
(C) Offender Services Subprogram
Personal Services	1,331,482
	1,325,833
	(33.8 FTE)
	(33.5 FTE)
Operating Expenses	50,835
	50,585
Start-up Costs	13,395
	1,395,712			1,395,712
	1,389,813			1,389,813
(D) Communications Subprogram
Personal Services	375,909
	369,828
	(8.0 FTE)
	(7.8 FTE)
Operating Expenses	638,302
	633,058
Dispatch Services	129,770
Start-up Costs	14,465
	1,158,446			1,158,446
	1,147,121			1,147,121
(E) Transportation Subprogram
Personal Services	822,594
	814,821
	(20.1 FTE)
	(19.8 FTE)
Operating Expenses	100,098
	99,388
Vehicle Lease Payments	2,002,712
	1,828,339
Start-up Costs	378,760
	3,304,164			3,254,792						49,372	a
	3,121,308			3,071,936
a This amount shall be from sales revenues earned by Correctional Industries.
(F) Training Subprogram
Personal Services	1,241,412
	1,222,510
	(27.6 FTE)
	(27.0 FTE)
Operating Expenses	182,719
	174,997
Contract Training from Community Colleges	128,500
Start-up Costs	13,815
	1,566,446			1,566,446
	1,539,822			1,539,822
(G) Information Systems Subprogram13
Personal Services	1,140,246			1,140,246
				(22.5 FTE)
Operating Expenses	1,405,602			1,405,602
Purchase of Services from Computer Center	33,205			33,205
Grants	94,395									94,395	(T)a
Start-up Costs	601,280			601,280
	3,274,728
a This amount shall be from the Department of Public Safety, Division of Criminal Justice.
(H) Facility Services Subprogram14, 15
Personal Services	1,438,841
	1,416,172
	(27.9 FTE)
	(27.4 FTE)
Operating Expenses	131,627
	131,127
Start-up Costs	410,857
	1,981,325			1,981,325
	1,958,156			1,958,156
		18,691,351
		18,401,515
(4) INMATE PROGRAMS
(A) Labor Subprogram
Personal Services	3,335,012
	3,205,477
	(88.2 FTE)
	(84.8 FTE)
Operating Expenses	61,050
	58,215
	3,396,062			3,396,062
	3,263,692			3,263,692
(B) Education Subprogram
Personal Services	5,497,053			5,497,053
	5,437,727			5,437,727
				(108.6 FTE)
				(107.0 FTE)
Operating Expenses	679,227			370,427				308,800	a
	749,464			360,664				388,800	a
Contract Services	4,176,814			4,176,814
	3,796,501			3,796,501
Education Grants	285,523									285,523	(T)b
										(4.5 FTE)
Vocational Grants	341,624									341,624	(T)c
Start-up Costs	23,212			23,212
	11,003,453
	10,634,051
a This amount shall be from sales revenues earned by vocational programs.
b Of this amount, $172,721 shall be from the Department of Higher Education, State Board for Community Colleges and Occupational Education, and $112,802 shall be from federal funds appropriated to the Department of Education.
c Of this amount, $183,496 shall be from federal Job Training Partnership Act funds appropriated to the Department of Labor and Employment, and $158,128 shall be from the Department of Higher Education, State Board for Community Colleges and Occupational Education.
(C) Recreation Subprogram
Personal Services	3,405,567
	3,386,656
	(87.8 FTE)
	(87.3 FTE)
Operating Expenses	45,881
	43,855
Contract Services	235,610
	3,687,058			3,687,058
	3,666,121			3,666,121
(D) Drug and Alcohol Treatment Subprogram
Personal Services	199,539			199,539
				(4.0 FTE)
Alcohol Treatment Program16	685,320			585,320						100,000	(T)a
Drug Treatment Program16	559,898			459,898						100,000	(T)a
Drug Offender Surcharge Program	507,738							365,000	b	142,738	(T)c
								(1.0 FTE)
Contract Services	1,909,809			1,909,809
	2,189,371			2,189,371
Treatment Grants	531,630									531,630	(T)c
	4,393,934
	4,673,496
a These amounts shall be from the Department of Human Services, Health and Rehabilitation Services, Alcohol and Drug Abuse Division.
b This amount shall be from the Drug Offender Surcharge Fund pursuant to Section 18-19-103(4), C.R.S.
c These amounts shall be from federal funds appropriated to the Department of Public Safety, Division of Criminal Justice.
(E) Sex Offender Treatment Subprogram
Personal Services	1,232,193
	(24.2 FTE)
Operating Expenses	278,135
Polygraph Testing	99,360
	1,609,688			1,609,688
(F) Volunteers Subprogram16a
Personal Services	281,028
	(6.2 FTE)
Operating Expenses	19,800
	300,828			300,828
		24,391,023
		24,147,876
(5) COMMUNITY SERVICES
(A) Parole
Personal Services	3,609,889
	3,749,844
	(78.3 FTE)
	(82.5 FTE)
Operating Expenses	763,098
	976,736
Post-parole Transitional Release Facility	210,000
Start-up Costs	15,388
	171,671
	4,598,375			4,598,375
	5,108,251			5,108,251
(B) Parole Intensive Supervision Subprogram
Personal Services	1,470,314
	(35.9 FTE)
Operating Expenses	1,012,106
Non-residential Services	436,192
Home Detention	73,000
	2,991,612			2,991,612
(C) Community Intensive Supervision Subprogram
Personal Services	1,013,342
	(28.3 FTE)
Operating Expenses	2,439,485
Start-up Costs	126,025
	3,578,852			3,578,852
(D) Community Supervision Subprogram
Personal Services	1,328,446			1,328,446
				(28.5 FTE)
Operating Expenses	64,456			64,456
YOS Phases II and III Aftercare	2,512,738			2,512,738
				(8.0 FTE)
Community Mental Health Services	132,200			132,200
Contract Services for Fugitive Returns	32,475									32,475	(T)a
Start-up Costs	18,100			18,100
	4,088,415
a This amount shall be from the Department of Public Safety, Division of Criminal Justice.
		15,257,254
		15,767,130
(6) PAROLE BOARD
Personal Services	679,074
	(13.5 FTE)
Operating Expenses	84,388
Contract Services	6,692
		770,154		770,154
(7) CORRECTIONAL INDUSTRIES17
Personal Services	6,634,184
	(158.0 FTE)
Operating Expenses	4,863,479
	4,856,519
Raw Materials	14,404,328
Inmate Pay	2,749,822
	2,246,694
Capital Outlay	1,394,200
	1,526,200
Lease Purchase	1,449,056
Indirect Cost Assessment	463,343
		31,958,412								31,958,412	a
		31,580,324								31,580,324	a
a Of this amount, $18,149,765(T) is estimated to be from sales to other state agencies, $8,573,687 $8,063,599 is estimated to be from sales to non-state entities, $5,216,960(T) is estimated to be from the Department of Revenue for the purchase of license plates, and $18,000 $150,000 is estimated to be from the Land Improvement Fund.
(8) CANTEEN OPERATION
Personal Services	779,423
	(20.5 FTE)
Operating Expenses	8,059,004
Inmate Pay	33,855
Indirect Cost Assessment	60,117
Start-up Costs	153,729
		9,086,128						9,086,128	a
a This amount shall be from sales revenues earned by the Canteen Operation.
TOTALS PART II
(CORRECTIONS)4, 5		$406,382,749		$354,492,036				$10,430,464	a	$35,194,289	a	$6,265,960
		$399,779,855		$349,426,412				$10,483,560	a	$34,879,785	a	$4,990,098
a Of these amounts, $25,518,571 $25,563,429 contains a (T) notation.

FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.

4 (Governor lined through this provision. See L. 98, p. 2193.)

5 All Departments, Totals -- The General Assembly requests that copies of all reports requested in other footnotes contained in this act be delivered to the Joint Budget Committee and the majority and minority leadership in each house of the General Assembly. Each principal department of the state shall produce its rules and regulations in an electronic format that is suitable for public access through electronic means. Such rules and regulations in such format shall be submitted to the Office of Legislative Legal Services for publishing on the Internet. It is the intent of the General Assembly that this be done within existing resources.

6 Department of Corrections, Management, Executive Director's Office Subprogram; Department of Human Services, Division of Youth Corrections, and Health and Rehabilitation Services, Alcohol and Drug Abuse Division; Judicial Department, Probation and Related Services; and Department of Public Safety, Division of Criminal Justice -- It is the intent of the General Assembly that state criminal justice agencies involved in multi-agency programs requiring separate appropriations to each agency designate one lead agency to be responsible for submitting a comprehensive annual budget request for such programs to the Joint Budget Committee. Each agency must still submit its portion of such request with its own budget document.

7 Department of Corrections, Management, Jail Backlog Subprogram -- The Department is requested to modify the weekly and monthly jail back log reports to account for parole revocations and community corrections regressions.

8 (Governor lined through this provision. See L. 98, p. 2193.)

9 (Governor lined through this provision. See L. 98, p. 2194.)

10 Department of Corrections, Institutions, Utilities Subprogram -- The Department of Corrections is requested to continue the energy management program designed to reduce overall energy consumption in the department's facilities. Up to $100,000 of the department's utility appropriation may be for this program and a portion of these funds may be used to hire the equivalent of 1.0 FTE as an energy management program manager. The Department is requested to submit with its annual budget document a detailed accounting of any savings achieved as a result of the program.

11 (Governor lined through this provision. See L. 98, p. 2194.)

12 Department of Corrections, Institutions, Medical Services Subprogram, Purchase of Inpatient Services From Other Medical Facilities; and Purchase of Outpatient Services From Other Medical Facilities -- It is the intent of the General Assembly that the Department be permitted to transfer funds between the inpatient and outpatient purchase of services line items so that it may manage the provision of such services to inmates without having to seek specific transfer authority from the General Assembly. The Department is requested to report to the Joint Budget Committee in its annual budget document the total expenditure of these funds, including transfers between line items.

13 Department of Corrections, Support Services, Information Systems Subprogram; and Department of Personnel, Information Management Commission -- It is the intent of the General Assembly that the $969,245 General Fund appropriation for the new technology projects and the $1,142,000 General Fund appropriation for the year 2000 personal computer project contained in the Department of Corrections' Information Systems Subprogram be restricted by the State Controller until the Commission on Information Management reviews and approves the Department of Corrections' information technology strategic plan.

14 (Governor lined through this provision. See L. 98, p. 2194.)

15 (Governor lined through this provision. See L. 98, p. 2194.)

16 Department of Corrections, Inmate Programs, Drug and Alcohol Treatment Subprogram, Alcohol Treatment Program; and Drug Treatment Program -- It is the intent of the General Assembly that the Department of Corrections be allowed to transfer funds, as necessary, between the alcohol abuse treatment programs line item and the drug abuse treatment programs line item. The Department is requested to report in its annual budget submission to the Joint Budget Committee the amounts transferred between the line items and the total expenditures for each program.

16a Department of Corrections, Inmate Programs, Volunteers Subprogram -- It is the intent of the General Assembly that the Department consider using some funds in this subprogram for services associated with matching inmates with individual volunteers to aid offenders in the transition process out of the Department's institutions.

17 Department of Corrections, Correctional Industries; and Department of Revenue, Motor Vehicle Division -- The Department of Corrections is requested to submit to the Joint Budget Committee quarterly reports which outline the license plate production level, by type, for the preceding quarter, as well as an estimate of the next quarter's anticipated production level as compared to actual orders received. The Department of Revenue is requested to submit to the Joint Budget Committee quarterly reports which outline the license plate inventory on hand, by county, as of the end of each quarter, as well as the estimated license plate demand of each county for the next quarter. The Department of Revenue should seek approval from the Information Management Commission before proceeding with implementation of an automated inventory system.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.