A Bill for an Act
Page 1, Line 101Concerning budgeting reports from the department of
Page 1, Line 102corrections.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Joint Budget Committee. The bill requires the executive director (director) of the department of corrections (department) to report specified information on inmate population, bed capacity, and vacancy rates on a monthly basis. The bill also requires the director to report to the joint budget committee and the office of state planning and budgeting:
- When opening or closing a facility or relocating more than 20 inmates; and
- By August 1, 2025, and by each August 1 thereafter, information on FTEs by facility, location, and subprogram.
The bill requires future budget requests to include worksheets identifying calculations for FTE and operating expenses and also requires the department to include a report describing supplemental budget requests and budget amendments as part of its "SMART Act" presentation.
If the director or department fails to provide the information required, the bill authorizes the joint budget committee to reduce appropriations for salaries of unclassified department employees.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 17-1-103.3 as follows:
Page 2, Line 317-1-103.3. Reports for budgeting - definition. (1) (a) No
Page 2, Line 4later than the fifth day of each month, the executive director shall report the department's previous month's:
Page 2, Line 5(I) Bed capacity and average daily inmate population by prison facility, security level, and custody classification; and
Page 2, Line 6(II) Vacancy rate for each security level on a
Page 2, Line 7facility-by-facility basis and on a department-wide basis. The
Page 2, Line 8report must show the calculations used to produce the vacancy
Page 2, Line 9rate. Any changes in the methodology used to calculate the
Page 2, Line 10vacancy rate must be accompanied by an explanation for the change and how it materially changed the vacancy rate.
Page 2, Line 11(b) Whenever a facility's population increases or
Page 2, Line 12decreases by more than ten percent in less than two months, the
Page 2, Line 13executive director shall include in the next monthly report
Page 2, Line 14required by subsection (1)(a) of this section an explanation for
Page 2, Line 15the increase or decrease.
Page 3, Line 1(2) (a) Except for changes that were developed through
Page 3, Line 2the budget process or by changes to statute, whenever the
Page 3, Line 3department opens or closes living units or facilities, the
Page 3, Line 4executive director shall report the change and the explanation
Page 3, Line 5for the change to the joint budget committee and the office of
Page 3, Line 6state planning and budgeting within ten days after the opening or closing.
Page 3, Line 7(b) Whenever the department relocates more than twenty
Page 3, Line 8inmates from one facility to another facility or facilities as a
Page 3, Line 9part of a coordinated move to relocate inmates for operational
Page 3, Line 10reasons, including changes in capacity at one or more facilities,
Page 3, Line 11the executive director shall report the change and explain any
Page 3, Line 12reason for the change to the joint budget committee and the
Page 3, Line 13office of state planning and budgeting within ten days after the
Page 3, Line 14relocation. This subsection (2)(b) does not apply to regular daily movement of inmates between facilities.
Page 3, Line 15(3) (a) On August 1, 2025, and on each August 1 thereafter,
Page 3, Line 16the executive director shall submit a report to the joint budget
Page 3, Line 17committee and the office of state planning and budgeting that includes the following for the current fiscal year:
Page 3, Line 18(I) FTE allocations by facility, location, and subprogram,
Page 3, Line 19including the number of FTEs in each job classification and the
Page 3, Line 20actual salaries associated with each FTE, subprogram, and facility; and
Page 3, Line 21(II) Estimated operating expense allocations by facility, location, and subprogram.
Page 3, Line 22(b) After the effective date of this section, all budget
Page 4, Line 1requests must include worksheets showing the underlying
Page 4, Line 2calculations for all FTEs and operating expenses that are relevant to the request.
Page 4, Line 3(c) As used in this subsection (3), unless the context
Page 4, Line 4otherwise requires, "FTE" has the same meaning as defined in section 24-75-112.
Page 4, Line 5(4) Beginning in 2025 and each year thereafter, the
Page 4, Line 6department shall submit a report describing supplemental
Page 4, Line 7budget requests and budget amendments submitted pursuant to
Page 4, Line 8section 2-3-208 (3), including details about requested changes to
Page 4, Line 9prison capacity and caseload, to the joint judiciary committee of
Page 4, Line 10the general assembly as part of its "SMART Act" presentation required by part 2 of article 7 of title 2.
Page 4, Line 11(5) If the executive director fails to meet the
Page 4, Line 12requirements of this section, the joint budget committee may
Page 4, Line 13reduce the department's budget by an amount not to exceed
Page 4, Line 14three hundred thousand dollars, based on an assumption that
Page 4, Line 15the department will reduce salaries for unclassified department employees.
Page 4, Line 16SECTION 2. Safety clause. The general assembly finds,
Page 4, Line 17determines, and declares that this act is necessary for the immediate
Page 4, Line 18preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 19the support and maintenance of the departments of the state and state institutions.