Amendments for HB20-1019

House Journal, January 29
52 HB20-1019 be amended as follows, and as so amended, be referred to
53 the Committee on Appropriations with favorable
54 recommendation:
55
1 Amend printed bill, page 3, line 4, strike "The" and substitute "NOT MORE
2 THAN SIX HUNDRED AND FIFTY BEDS AT the".
3
4 Page 3, line 14, after the period insert "AT THE DISCRETION OF THE
5 EXECUTIVE DIRECTOR, THE DEPARTMENT MAY HOUSE INMATES OF A
6 LOWER THAN CLOSE CUSTODY LEVEL FOR NO LONGER THAN THREE
7 MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION IN ORDER TO
8 FACILITATE THE MOVEMENT OF INMATES DISPLACED AS A RESULT OF
9 PRISON CLOSURE OR IF THE LOWER THAN CLOSE CUSTODY INMATE IS
10 VOLUNTARILY SERVING AS A MENTOR PEER-SUPPORT, OR IN ANOTHER
11 OTHER LEADERSHIP ROLE AS PART OF DEPARTMENTAL PROGRAMMING
12 WITH THE PURPOSE OF PROGRESSING CLOSE CUSTODY INMATES TO LOWER
13 SECURITY LEVELS.".
14
15 Page 3, line 14, strike "FOR EACH PRISONER WHO IS HOUSED AT THE".
16
17 Page 3, strike lines 15 through 18.
18
19 Page 4, after line 23 insert:
20
21 "SECTION 2. In Colorado Revised Statutes, 17-1-104.5, amend
22 (2)(b); and repeal (2)(a) as follows:
23 17-1-104.5. Incarceration of inmates from other states -
24 private contract prison facilities. (2) No inmate from a state other than
25 Colorado may be received into the state of Colorado and be housed in a
26 private contract prison facility or a prison facility operated by a political
27 subdivision of the state:
28 (a) Without the express approval of the executive director, which
29 approval shall not be unreasonably withheld; and
30 (b) Unless the private contract prison facility or a prison facility
31 operated by a political subdivision is designed to meet or exceed the
32 appropriate security level for the inmate EXECUTIVE DIRECTOR, IN
33 CONSULTATION, WITH THE GOVERNOR DETERMINES THAT EXIGENT
34 CIRCUMSTANCES REQUIRE THAT INMATES BE HOUSED IN A PRIVATE
35 CONTRACT PRISON FACILITY IN ORDER TO PROTECT PUBLIC HEALTH OR
36 SAFETY.".
37
38 Renumber succeeding sections accordingly.
39
40 Page 5, line 19, strike "BY 2025".
41
42 Page 5, line 20, after the period, insert "WHILE CONDUCTING THE STUDY,
43 THE DEPARTMENT SHALL SOLICIT INPUT FROM LOCAL COMMUNITIES AND
44 OTHER INTERESTED PARTIES OR ISSUE EXPERTS, INCLUDING BUT NOT
45 LIMITED TO PUBLIC SAFETY, VICTIM'S ADVOCATES, PROSECUTORS, DEFENSE
46 ATTORNEYS, AND COMMUNITY REENTRY PROVIDERS.".
47
48 Page 6, strike lines 4 and 5.
49
50 Renumber succeeding subparagraphs accordingly.
51
52 Page 6, line 9, strike "OFFENDERS;" and substitute "OFFENDERS,
53 ALTERNATIVES TO INCARCERATION, AND RECIDIVISM REDUCTION
54 STRATEGIES CONSISTENT WITH PUBLIC SAFETY;".
55
1 Page 8, lines 8 and 9, strike "AN EVIDENTIARY HEARING, OR IN THE
2 ALTERNATIVE A NEW SENTENCING HEARING," and substitute "A NEW
3 SENTENCING HEARING".
4
5 Page 8, line 14, strike "(1),".
6
7 Page 8, line 15, strike "(2), and".
8
9 Page 8, strike lines 16 through 24 and substitute:
10 "18-8-208. Escapes. (11) IF a person who is SERVING A DIRECT
11 SENTENCE TO A".
12
13 Page 9, line 1, strike "PAROLE".
14
15 Page 9, line 2, after "IS" insert "PARTICIPATING IN A WORK RELEASE OR
16 HOME DETENTION PROGRAM PURSUANT TO SECTION 18-1.3-106 (1.1),
17 INTENSIVE SUPERVISION PROGRAM OR ANY OTHER SIMILAR AUTHORIZED
18 SUPERVISED OR UNSUPERVISED ABSENCE FROM A DETENTION FACILITY AS
19 DEFINED IN SECTION 18-8-203 (3), IS HOUSED IN A STAFF SECURE FACILITY
20 AS DEFINED IN SECTION 19-1-103 (101.5), OR IS".
21
22 Page 9, strike line 7 and substitute "(1.5); and repeal (6) as follows:".
23
24 Page 9, strike lines 8 through 14 and substitute:
25 "18-8-208.1. Attempt to escape. (1.5) If a person, while in
26 custody or confinement following".
27
28 Page 9, line 25, strike "PAROLE".
29
30 Page 9, line 26, after "IS" insert "PARTICIPATING IN A WORK RELEASE OR
31 HOME DETENTION PROGRAM PURSUANT TO SECTION 18-1.3-106 (1.1),
32 INTENSIVE SUPERVISION PROGRAM OR ANY OTHER SIMILAR AUTHORIZED
33 SUPERVISED OR UNSUPERVISED ABSENCE FROM A DETENTION FACILITY AS
34 DEFINED IN SECTION 18-8-203 (3), IS HOUSED IN A STAFF SECURE FACILITY
35 AS DEFINED IN SECTION 19-1-103 (101.5), OR IS".
36
37 Page 10, strike lines 4 through 10 and substitute:
38 "(6) A person who participates in a work release program, a home
39 detention program, as defined in section 18-1.3-106 (1.1), a furlough, an
40 intensive supervision program, or any other similar authorized supervised
41 or unsupervised absence from a detention facility, as defined in section
42 18-8-203 (3), and who is required to report back to the detention facility
43 at a specified time shall be deemed to be in custody.".
44
45 Page 10, strike lines 13 through 27 and substitute:
46 "18-8-208.2. Unauthorized absence. (1) A PERSON WHO IS
47 SERVING A DIRECT SENTENCE TO A COMMUNITY CORRECTIONS PROGRAM
48 PURSUANT TO SECTION 18-1.3-301; TRANSITIONING FROM THE
49 DEPARTMENT OF CORRECTIONS TO A COMMUNITY CORRECTIONS PROGRAM
50 OR PLACED IN AN INTENSIVE SUPERVISION PROGRAM PURSUANT TO
51 SECTION 17-27.5-101; PARTICIPATING IN A WORK RELEASE OR HOME
52 DETENTION PROGRAM PURSUANT TO 18-1.3-106 (1.1), INTENSIVE
53 SUPERVISION PROGRAM, OR ANY OTHER SIMILAR AUTHORIZED SUPERVISED
54 OR UNSUPERVISED ABSENCE FROM A DETENTION FACILITY AS DEFINED IN
55 SECTION 18-8-203 (3); OR IS HOUSED IN A STAFF SECURE FACILITY AS
1 DEFINED IN SECTION 19-1-103 (101.5) COMMITS THE CRIME OF
2 UNAUTHORIZED ABSENCE IF THE PERSON KNOWINGLY:
3 (a) LEAVES OR FAILS TO RETURN TO HIS OR HER RESIDENTIAL OR
4 FACILITY LOCATION WITHOUT PERMISSION OF THE SUPERVISING AGENCY
5 AND IN VIOLATION OF THE TERMS AND CONDITIONS OF SUPERVISION; OR
6 (b) REMOVES OR TAMPERS WITH AN ELECTRONIC MONITORING
7 DEVICE REQUIRED BY THE SUPERVISING AGENCY TO BE WORN BY THE
8 PERSON IN ORDER TO MONITOR HIS OR HER LOCATION, WITHOUT
9 PERMISSION AND WITH THE INTENT TO AVOID ARREST, PROSECUTION,
10 MONITORING OR OTHER LEGAL PROCESS.
11 (2) (a) IF A PERSON COMMITS UNAUTHORIZED ABSENCE FOR A
12 CRIME LISTED IN SECTION 24-4.1-302 (1) OR A CRIME OF VIOLENCE AS
13 DESCRIBED IN SECTION 18-1.3-406, UNAUTHORIZED ABSENCE IS A CLASS
14 6 FELONY AND AN ATTEMPT THEREOF IS A CLASS 6 FELONY.
15 (b) IF A PERSON COMMITS UNAUTHORIZED ABSENCE FOR A CRIME
16 OTHER THAN THE CRIMES LISTED IN SECTION 24-4.1-302 (1) AND THE
17 CRIME IS NOT A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406,
18 UNAUTHORIZED ABSENCE IS A CLASS 3 MISDEMEANOR AND AN ATTEMPT
19 THEREOF IS A CLASS 3 MISDEMEANOR.
20 (c) A PERSON WHO KNOWINGLY VIOLATES A PERMANENT OR
21 TEMPORARY PROTECTION ORDER ISSUED PURSUANT TO SECTION
22 18-1-1001(1), 13-14-103, 13-14-104.5, OR 13-14-106 DURING THE
23 COMMISSION OF UNAUTHORIZED ABSENCE COMMITS A CLASS 3 FELONY.
24 (3) IF A PAROLEE PLACED IN A COMMUNITY CORRECTIONS OR IN AN
101 25 INTENSIVE SUPERVISION PROGRAM PURSUANT TO SECTION 17-27.5-
26 HAS AN UNAUTHORIZED ABSENCE, THE DEPARTMENT OF CORRECTIONS
27 SHALL NOTIFY THE APPROPRIATE COMMUNITY REENTRY PROGRAM
28 DESCRIBED IN SECTION 17-33-101 (7)(a), AND PROVIDE CONTACT
29 INFORMATION FOR THE PURPOSES OF ASSISTING THE PERSON TO REENGAGE
30 WITH SUPERVISION.".
31
32 Page 11, strike line 1.
33
34 Page 11, after line 14 insert:
35 "SECTION 12. In Colorado Revised Statutes, 24-4.1-302.5,
36 amend (1)(c)(I) (B) as follows:
37 24-4.1-302.5. Rights afforded to victims - definitions. (1) In
38 order to preserve and protect a victim's rights to justice and due process,
39 each victim of a crime has the following rights:
40 (c) (I) Except as otherwise provided in subsection (1)(c)(II) of this
41 section:
42 (B) The right to be informed when a person who is accused or
43 convicted of a crime against the victim is released or discharged from
44 custody other than county jail, is paroled, escapes from a secure or
45 nonsecure correctional facility or program, or absconds from probation
46 or parole, OR COMMITS AN UNAUTHORIZED ABSENCE AS DESCRIBED IN
47 SECTION 18-8-208.2 (1).
48 SECTION 13. In Colorado Revised Statutes, 24-4.1-303, amend
49 (14)(e) and (14.2)(e) as follows:
50 24-4.1-303. Procedures for ensuring rights of victims of
51 crimes. (14) Upon receipt of a written victim impact statement as
52 provided in section 24-4.1-302.5 (1)(j.5), the department of corrections
53 shall include the statement with any referral made by the department of
54 corrections or a district court to place an offender in a public or private
55 community corrections facility or program. The department of corrections
1 or the public or private local corrections authorities shall notify the victim
2 of the following information regarding any person who was charged with
3 or convicted of a crime against the victim:
4 (e) Any escape OR UNAUTHORIZED ABSENCE AS DESCRIBED IN
5 SECTION 18-8-208.2 (1) by such person, or transfer or release from any
6 state hospital, a detention facility, a correctional facility, a community
7 correctional facility, or other program, and any subsequent recapture of
8 such person;
9 (14.2) Upon receipt of a written statement as provided in section
10 24-4.1-302.5 (1)(j.5), the department of human services, division of youth
11 services, shall include the statement with any referral made by the
12 department of human services or a district court to place an offender in
13 a public or private community corrections facility or program. The
14 department of human services and any state hospital shall notify the
15 victim of the following information regarding any person who was
16 charged with or adjudicated of a crime against the victim:
17 (e) Any escape OR UNAUTHORIZED ABSENCE AS DESCRIBED IN
18 SECTION 18-8-208.2 (1) by the person, or transfer or release from any state
19 hospital, a detention facility, a correctional facility, a community
20 correctional facility, parole supervision, or other program, and any
21 subsequent recapture of the person;".
22
23 Renumber succeeding section accordingly.
24
25

House Journal, February 4
1 HB20-1019 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 11, before line 15 insert:
6
7 "SECTION 11. Appropriation. For the 2020-21 state fiscal year,
8 $250,000 is appropriated to the department of corrections for use by the
9 executive director's office. This appropriation is from the general fund.
10 To implement this act, the department may use this appropriation for a
11 study of how to end the use of private prisons to incarcerate individuals
12 in Colorado.
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
1 "SECTION 12. Appropriation to the department of corrections for the fiscal year beginning July 1, 2019. In Session Laws of Colorado 2019, section 2 of
2 chapter 454, (SB 19-207), amend Part II (1)(A), (1)(C), (2)(A), (2)(B), (2)(C), (2)(D), (2)(E), (2)(F), (2)(G), (2)(I), (2)(J), (2)(K), (4)(B), (4)(C), (4)(D), (5)(A), and
3 (5)(C), as follows:
4 Section 2. Appropriation.
5 PART II
6 DEPARTMENT OF CORRECTIONS
7
8 (1) MANAGEMENT
9 (A) Executive Director's Office Subprogram
10 Personal Services 3,599,788 3,355,983 243,805a
11 (22.8 FTE) (4.0 FTE)
12 Restorative Justice Program with
13 Victim-Offender Dialogues in
14 Department Facilities 75,000 75,
15 (1.2 FTE)
15 APPROPRIATION FROM
15 ITEM &
15 SUBTOTAL
15 TOTAL GENERAL
15 FUND
15 GENERAL
15 FUND
15 EXEMPT
15 CASH
15 FUNDS
15 REAPPROPRIATED
15 FUNDS
15 FEDERAL
15 FUNDS
15 $ $ $ $ $ $ $
1 Health, Life, and Dental 60,376,258 58,561,755 1,814,503b
745 2 60,812,248 58,997,
3 Short-term Disability 613,889 596,142 17,747b
618 4 617,365 599,
5 S.B. 04-257 Amortization
6 Equalization Disbursement 18,302,638 17,782,744 519,894b
970 7 18,404,864 17,884,
8 S.B. 06-235 Supplemental
9 Amortization Equalization
10 Disbursement 18,302,638 17,782,744 519,894b
970 11 18,404,864 17,884,
12 PERA Direct Distribution 9,854,160 9,569,276 284,884b
13 Salary Survey 10,973,701 10,656,469 317,232b
13 APPROPRIATION FROM
13 ITEM &
13 SUBTOTAL
13 TOTAL GENERAL
13 FUND
13 GENERAL
13 FUND
13 EXEMPT
13 CASH
13 FUNDS
13 REAPPROPRIATED
13 FUNDS
13 FEDERAL
13 FUNDS
13 $ $ $ $ $ $ $
1 Shift Differential 9,264,502 9,210,052 54,450b
2 Workers' Compensation 5,943,515 5,755,701 187,814b
3 Operating Expenses 357,759 267,759 5,000a 85,000(I)c
4 Legal Services 2,390,373d 2,309,875 80,498b
5 Payment to Risk Management and
6 Property Funds 4,388,047 4,214,706 173,341b
7 Leased Space 5,250,810 4,960,104 290,706b
8 Capitol Complex Leased Space 56,871 40,626 16,245b
410 9 Planning and Analysis Contracts 82,410 82,
102 10 Payments to District Attorneys 681,102 681,
175 11 Payments to Coroners 32,175 32,
175 APPROPRIATION FROM
175 ITEM &
175 SUBTOTAL
175 TOTAL GENERAL
175 FUND
175 GENERAL
175 FUND
175 EXEMPT
175 CASH
175 FUNDS
175 REAPPROPRIATED
175 FUNDS
175 FEDERAL
175 FUNDS
175 $ $ $ $ $ $ $
1 Annual depreciation-lease equivalent
33 2 payments 235,033 235,
669 3 150,780,
587 4 151,424,
5
6 a These amounts shall be transferred from the Department of Public Safety from the State Victims Assistance and Law Enforcement Program line item appropriation in the
7 Victims Assistance section of the Division of Criminal Justice. These amounts originate as cash funds from the Victims Assistance and Law Enforcement Fund created in
8 Section 24-33.5-506 (1), C.R.S.
9 b Of these amounts, an estimated $3,756,425 shall be from sales revenues earned by Correctional Industries and an estimated $520,783 shall be from sales revenues earned
10 by the Canteen Operation.
11 c This amount shall be from the Social Security Administration Incentive Payment Memorandum of Understanding. This amount is included for informational purposes
12 only.
13 d Of this amount, $2,369,627 shall be used to purchase legal services from the Department of Law and $20,746 shall be used to contract for legal services from private firms
14 for litigation related to the Rifle Correctional Center.
15
15 APPROPRIATION FROM
15 ITEM &
15 SUBTOTAL
15 TOTAL GENERAL
15 FUND
15 GENERAL
15 FUND
15 EXEMPT
15 CASH
15 FUNDS
15 REAPPROPRIATED
15 FUNDS
15 FEDERAL
15 FUNDS
15 $ $ $ $ $ $ $
1 (C) Inspector General Subprogram
2 Personal Services 4,368,414 4,262,181 106,233a
3 (48.2 FTE)
4 Operating Expenses 429,367 346,180 83,187a
42 5 435,229 352,
6 Inspector General Grants 207,912 207,912(I)
693 7 5,005,
555 8 5,011,
9
10 a These amounts shall be from revenues earned from private prison out of state offender investigations.
11
12 (2) INSTITUTIONS
13 (A) Utilities Subprogram
13 APPROPRIATION FROM
13 ITEM &
13 SUBTOTAL
13 TOTAL GENERAL
13 FUND
13 GENERAL
13 FUND
13 EXEMPT
13 CASH
13 FUNDS
13 REAPPROPRIATED
13 FUNDS
13 FEDERAL
13 FUNDS
13 $ $ $ $ $ $ $
492 1 Personal Services 326,492 326,
2 (2.6 FTE)
3 Utilities 22,062,941 20,658,871 1,404,070a
669 4 22,210,739 20,806,
433 5 22,389,
231 6 22,537,
7
8 a This amount shall be from sales revenues earned by Correctional Industries.
9
10 (B) Maintenance Subprogram
109 11 Personal Services 21,441,
385 12 21,664,
13 (276.8 FTE)
13 APPROPRIATION FROM
13 ITEM &
13 SUBTOTAL
13 TOTAL GENERAL
13 FUND
13 GENERAL
13 FUND
13 EXEMPT
13 CASH
13 FUNDS
13 REAPPROPRIATED
13 FUNDS
13 FEDERAL
13 FUNDS
13 $ $ $ $ $ $ $
1 (280.6 FTE)
522 2 Operating Expenses 7,114,
222 3 7,150,
408 4 Maintenance Pueblo Campus 2,079,
39 5 30,635,039 30,635,
15 6 30,894,015 30,894,
7
8 (C) Housing and Security Subprogram
9 Personal Services2 185,089,091 185,086,144 2,947a
390 10 186,661,337 186,658,
11 (2,980.6 FTE)
12 (3,000.3 FTE)
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
341 1 Operating Expenses 1,852,341 1,852,
141 2 1,946,141 1,946,
432 3 186,941,
478 4 188,607,
5
6 a This amount shall be from the Corrections Expansion Reserve Fund created in Section 17-1-116, C.R.S.
7
8 (D) Food Service Subprogram
510 9 Personal Services 20,446,510 20,446,
272 10 20,509,272 20,509,
11 (317.8 FTE)
12 (318.8 FTE)
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
818 1 Operating Expenses 18,015,818 18,015,
845 2 18,389,845 18,389,
375 3 Food Service Pueblo Campus 2,030,375 2,030,
703 4 40,492,
492 5 40,929,
6
7 (E) Medical Services Subprogram
8 Personal Services 39,728,651 39,477,164 251,487a
572 9 40,226,059 39,974,
10 (384.5 FTE)
11 (390.5 FTE) (3.0 FTE)
52 12 Operating Expenses 2,579,052 2,579,
52 APPROPRIATION FROM
52 ITEM &
52 SUBTOTAL
52 TOTAL GENERAL
52 FUND
52 GENERAL
52 FUND
52 EXEMPT
52 CASH
52 FUNDS
52 REAPPROPRIATED
52 FUNDS
52 FEDERAL
52 FUNDS
52 $ $ $ $ $ $ $
731 1 2,621,731 2,621,
728 2 Purchase of Pharmaceuticals 15,561,728 15,561,
940 3 15,805,940 15,805,
144 4 Hepatitis C Treatment Costs 20,514,144 20,514,
5 Purchase of Medical Services from
955 6 Other Medical Facilities 34,869,955 34,869,
733 7 Service Contracts 2,575,733 2,575,
8 Indirect Cost Assessment 914 914a
177 9 115,830,
476 10 116,614,
11
12 a These amounts shall be from inmate medical fees collected pursuant to Section 17-1-113 (2), C.R.S.
13
13 APPROPRIATION FROM
13 ITEM &
13 SUBTOTAL
13 TOTAL GENERAL
13 FUND
13 GENERAL
13 FUND
13 EXEMPT
13 CASH
13 FUNDS
13 REAPPROPRIATED
13 FUNDS
13 FEDERAL
13 FUNDS
13 $ $ $ $ $ $ $
1 (F) Laundry Subprogram
790 2 Personal Services 2,606,
480 3 2,622,
4 (37.4 FTE)
5 (37.7 FTE)
545 6 Operating Expenses 2,197,
127 7 2,234,
335 8 4,804,335 4,804,
607 9 4,856,607 4,856,
10
11 (G) Superintendents Subprogram
599 12 Personal Services 11,669,
599 APPROPRIATION FROM
599 ITEM &
599 SUBTOTAL
599 TOTAL GENERAL
599 FUND
599 GENERAL
599 FUND
599 EXEMPT
599 CASH
599 FUNDS
599 REAPPROPRIATED
599 FUNDS
599 FEDERAL
599 FUNDS
599 $ $ $ $ $ $ $
752 1 11,693,
2 (156.9 FTE)
3 (157.4 FTE)
1 4 Operating Expenses 5,202,
663 5 5,301,
280 6 Dress Out 1,006,
462 7 Start-up Costs 1,
89 8 938,
342 9 17,879,342 17,879,
784 10 18,939,784 18,939,
11
11 APPROPRIATION FROM
11 ITEM &
11 SUBTOTAL
11 TOTAL GENERAL
11 FUND
11 GENERAL
11 FUND
11 EXEMPT
11 CASH
11 FUNDS
11 REAPPROPRIATED
11 FUNDS
11 FEDERAL
11 FUNDS
11 $ $ $ $ $ $ $
1 (I) Case Management Subprogram
764 2 Personal Services 17,946,
196 3 18,022,
4 (248.2 FTE)
5 (249.5 FTE)
81 6 Operating Expenses 173,
943 7 178,
135 8 Offender ID Program 341,
703 9 Start-up Costs 4,
683 10 18,465,683 18,465,
977 11 18,546,977 18,546,
12
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
1 (J) Mental Health Subprogram
627 2 Personal Services 11,151,627 11,151,
986 3 11,226,986 11,226,
4 (154.0 FTE)
5 (155.4 FTE)
266 6 Operating Expenses 281,266 281,
991 7 292,991 292,
498 8 Medical Contract Services 4,544,498 4,544,
703 9 Start-up Costs 4,703 4,
94 10 15,982,
178 11 16,069,
12
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
618 1 (K) Inmate Pay Subprogram 2,376,618 2,376,
146 2 2,429,146 2,429,
3
4 (4) INMATE PROGRAMS
5 (B) Education Subprogram
285 6 Personal Services 14,105,285 14,105,
93 7 14,167,093 14,167,
8 (194.0 FTE)
9 (195.0 FTE)
10 Operating Expenses 4,521,663 2,817,246 1,293,402a 411,015b
11 4,580,288 1,352,027a
128 12 Contract Services 237,128 237,
128 APPROPRIATION FROM
128 ITEM &
128 SUBTOTAL
128 TOTAL GENERAL
128 FUND
128 GENERAL
128 FUND
128 EXEMPT
128 CASH
128 FUNDS
128 REAPPROPRIATED
128 FUNDS
128 FEDERAL
128 FUNDS
128 $ $ $ $ $ $ $
1 Education Grants 80,060 10,000c 42,410d 27,650(I)
2 (2.0 FTE)
703 3 Start-up Costs 4,703 4,
839 4 18,948,
272 5 19,069,
6
7 a Of this amount, an estimated $735,467 shall be from sales revenues earned by vocational programs and an estimated $557,935 $616,560 shall be from sales revenues earned
8 by the Canteen Operation.
9 b This amount shall be from sales revenues earned by vocational programs for products and services sold to other government agencies.
10 c This amount shall be from gifts, grants, and donations.
11 d This amount shall be from the Colorado Department of Education from special education funds.
12
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
1 (C) Recreation Subprogram
383 2 Personal Services 7,732,383 7,732,
935 3 7,781,935 7,781,
4 (116.7 FTE)
5 (117.6 FTE)
6 Operating Expenses 71,232 71,232a
7 73,577 73,577a
615 8 7,803,
512 9 7,855,
10
11 a This amount shall be from sales revenues earned by the Canteen Operation.
12
12 APPROPRIATION FROM
12 ITEM &
12 SUBTOTAL
12 TOTAL GENERAL
12 FUND
12 GENERAL
12 FUND
12 EXEMPT
12 CASH
12 FUNDS
12 REAPPROPRIATED
12 FUNDS
12 FEDERAL
12 FUNDS
12 $ $ $ $ $ $ $
1 (D) Drug and Alcohol Treatment Subprogram
854 2 Personal Services 5,589,854 5,589,
296 3 5,618,296 5,618,
4 (85.4 FTE)
5 (85.9 FTE)
932 6 Operating Expenses 110,932 110,
511 7 113,511 113,
8 Services for Substance Abuse and
9 Co-occurring Disorders 1,027,121 1,027,121a
10 Contract Services 2,508,458 2,147,206 361,252a
11 Treatment Grants 126,682 126,682b
47 12 9,363,
47 APPROPRIATION FROM
47 ITEM &
47 SUBTOTAL
47 TOTAL GENERAL
47 FUND
47 GENERAL
47 FUND
47 EXEMPT
47 CASH
47 FUNDS
47 REAPPROPRIATED
47 FUNDS
47 FEDERAL
47 FUNDS
47 $ $ $ $ $ $ $
68 1 9,394,
2
3 a These amounts shall be transferred from the Judicial Department from the Correctional Treatment Cash Fund Expenditures line item appropriation in the Probation and
4 Related Services section.
5 b This amount shall be from grant funds appropriated to the Division of Criminal Justice in the Department of Public Safety.
6
7 (5) COMMUNITY SERVICES
8 (A) Parole Subprogram
465 9 Personal Services 19,007,465 19,007,
598 10 19,022,598 19,022,
11 (302.2 FTE)
12 (302.5 FTE)
820 13 Operating Expenses 2,615,820 2,615,
820 APPROPRIATION FROM
820 ITEM &
820 SUBTOTAL
820 TOTAL GENERAL
820 FUND
820 GENERAL
820 FUND
820 EXEMPT
820 CASH
820 FUNDS
820 REAPPROPRIATED
820 FUNDS
820 FEDERAL
820 FUNDS
820 $ $ $ $ $ $ $
320 1 2,616,320 2,616,
2 Parolee Supervision and Support
3 Services 11,299,514 9,089,758 2,209,756a
782 4 Wrap-Around Services Program 2,336,782 2,336,
5 Grants to Community-based
140 6 Organizations for Parolee Support 6,697,140 6,697,
7 Community-based Organizations
8 Housing Support 500,000 500,
9 Parolee Housing Support 500,000 500,
10 Work Release Program3 3,500,000 3,500,
721 11 46,456,
354 12 46,472,
13
13 APPROPRIATION FROM
13 ITEM &
13 SUBTOTAL
13 TOTAL GENERAL
13 FUND
13 GENERAL
13 FUND
13 EXEMPT
13 CASH
13 FUNDS
13 REAPPROPRIATED
13 FUNDS
13 FEDERAL
13 FUNDS
13 $ $ $ $ $ $ $
1 a Of this amount, $2,163,125 shall be transferred from the Judicial Department from the Correctional Treatment Cash Fund Expenditures line item appropriation in the Probation
2 and Related Services section and $46,631 shall be transferred from the General Fund appropriation to the Offender Treatment and Services line item in the Probation and
3 Related Services section. The transfer from the Offender Treatment and Services line item is for the provision of day reporting services.
4
5 (C) Community Re-entry Subprogram
252 6 Personal Services 2,512,252 2,512,
627 7 2,526,627 2,526,
8 (41.6 FTE)
9 (41.9 FTE)
202 10 Operating Expenses 146,202 146,
702 11 146,702 146,
768 12 Offender Emergency Assistance 96,768 96,
768 APPROPRIATION FROM
768 ITEM &
768 SUBTOTAL
768 TOTAL GENERAL
768 FUND
768 GENERAL
768 FUND
768 EXEMPT
768 CASH
768 FUNDS
768 REAPPROPRIATED
768 FUNDS
768 FEDERAL
768 FUNDS
768 $ $ $ $ $ $ $
1 Contract Services 190,000 190,
2 Offender Re-employment Center 374,000 364,000 10,000a
3 Community Reintegration Grants 39,098 39,098(I)
4 (1.0 FTE)
320 5 3,358,
195 6 3,373,
7
8 a This amount shall be from gifts, grants, and donations.
9
10
10 APPROPRIATION FROM
10 ITEM &
10 SUBTOTAL
10 TOTAL GENERAL
10 FUND
10 GENERAL
10 FUND
10 EXEMPT
10 CASH
10 FUNDS
10 REAPPROPRIATED
10 FUNDS
10 FEDERAL
10 FUNDS
10 $ $ $ $ $ $ $
1 TOTALS PART II
2 (CORRECTIONS) $975,865,876 $872,913,457 $47,619,442a $51,757,665 $3,575,312b
3 $981,377,043 $878,363,654 $47,680,412a
4
5 a Of this amount, $21,314,186 contains an (I) notation.
6 b This amount contains an (I) notation.".
2020 Page 202 House Journal--28th Day--February 4,
1 Renumber succeeding sections accordingly.
2
3 Page 1, line 101, strike "POPULATION." and substitute "POPULATION,
4 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
5
6

Senate Journal, February 13
After consideration on the merits, the Committee recommends that HB20-1019 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 2, after line 1, insert:
"SECTION 1. In Colorado Revised Statutes, 17-1-102, amend
(7.3) as follows:
17-1-102. Definitions. As used in this title 17, unless the context
otherwise requires:
(7.3) "Private contract prison" means any private prison facility
IN THIS STATE operated by a county, city and county, or private
corporation located in this state POLITICAL SUBDIVISION OF THIS STATE OR
AN INCORPORATED OR UNINCORPORATED BUSINESS ENTITY; except that
"private contract prison" does not include any local jail,
multijurisdictional jail, or community corrections center.".

Renumber succeeding sections accordingly.

Page 5, strike line 5 and substitute "(2)(a) and (2)(b); and add (3), (4),
(5), and (6) as follows".

Page 5, strike lines 10 through 19 and substitute:
"subdivision of the state
(a) without the express approval of the executive director which
approval shall not be unreasonably withheld; and UPON RECEIPT OF A
REQUEST BY A STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
(b) (3) Unless the private contract prison facility or a prison
facility operated by a political subdivision is designed to meet or exceed
the appropriate security level for the inmate. IN ORDER TO PROTECT THE
HEALTH, SAFETY, AND OTHER INTERESTS OF COLORADO, PRIOR TO
APPROVING THE REQUEST IN SUBSECTION (2) OF THIS SECTION, THE
DIRECTOR SHALL ENSURE THAT THE FOLLOWING PROVISIONS ARE
ADEQUATELY ADDRESSED IN THE CONTRACT OR OTHER BINDING
DOCUMENT BETWEEN THE SENDING STATE, THE PRIVATE CONTRACT
FACILITY, AND ANY POLITICAL SUBDIVISION IN THE STATE OF COLORADO:
(a) THE CUSTODY LEVEL OF THE INMATE FROM OTHER STATES
DOES NOT EXCEED THE CUSTODY LEVEL PERMISSIBLE IN SECTION
17-1-104.9;
(b) THE STAFFING LEVEL IS ADEQUATE RELATED TO THE NUMBER
OF INMATES FROM THE SENDING STATE AND THE INMATES' SECURITY
LEVEL;
(c) THERE IS NO COMMINGLING OF INMATES FROM MULTIPLE
STATES OR THEIR POLITICAL SUBDIVISIONS WHO ARE CO-LOCATED AT A
SINGLE PRIVATE CONTRACT PRISON FACILITY IN COLORADO;
(d) THE SENDING STATE HAS A PLAN TO ADEQUATELY MONITOR
OPERATIONS, STAFF AND INMATE SAFETY, AND CONTRACT COMPLIANCE;
(e) THE CONTRACT BETWEEN THE SENDING STATE, THE PRIVATE
CONTRACT PRISON FACILITY LOCATED IN COLORADO, AND ANY POLITICAL
SUBDIVISION IN COLORADO INCLUDES A CLAUSE THAT INDEMNIFIES THE
STATE OF COLORADO AND ANY OF ITS POLITICAL SUBDIVISIONS FROM ANY
LIABILITY RELATED TO LITIGATION THAT MAY BE FILED REGARDING
CONDITIONS OF CONFINEMENT, TRANSPORT, TREATMENT OF INMATES, OR
ANY OTHER CAUSE OF ACTION RELATED TO THE HOUSING OF INMATES
FROM OTHER STATES IN A PRIVATE CONTRACT PRISON FACILITY LOCATED
IN COLORADO;
(f) THE CONTRACTING PARTIES PROVIDE PROOF OF ADEQUATE
INSURANCE COVERAGE THAT NAMES COLORADO AND ANY OF ITS
POLITICAL SUBDIVISIONS NOT A PARTY TO THE CONTRACT AS
ADDITIONALLY INSURED;
(g) THE CONTRACT BETWEEN THE SENDING STATE, THE PRIVATE
CONTRACT PRISON FACILITY LOCATED IN COLORADO, AND ANY POLITICAL
SUBDIVISION IN COLORADO INCLUDES A CLAUSE THAT THE CONTRACTING
PARTIES ASSUME JOINT AND SEVERAL LIABILITY FOR REIMBURSING ALL
COSTS TO THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IN THE
EVENT OF ANY INCIDENT, CRIME, OR RIOT BY THE INMATES FROM OTHER
STATES THAT REQUIRES THE ENGAGEMENT OF STATE OR LOCAL LAW
ENFORCEMENT, CORRECTIONS, MEDICAL PERSONNEL, CRIMINAL
INVESTIGATORS, PROSECUTION, OR INCARCERATION PURSUANT TO A
CONVICTION IN A COLORADO COURT;
(h) AN INMATE FROM ANOTHER STATE SHALL NOT BE
TRANSFERRED TO A PRIVATE CONTRACT PRISON FACILITY IN COLORADO
IF HE OR SHE IS WITHIN TWELVE MONTHS OF HIS OR HER ELIGIBLE RELEASE
DATE;
(i) THERE IS AN ADEQUATE PLAN TO PROVIDE FOR THE MEDICAL
AND MENTAL HEALTH CARE OF THE INMATES FROM OTHER STATES WHO
ARE HOUSED IN A PRIVATE CONTRACT PRISON FACILITY IN COLORADO;
AND
(j) SUCH OTHER CRITERIA FOR THE PROTECTION OF THE HEALTH,
SAFETY, AND LIABILITY INTERESTS OF THE STATE OF COLORADO AS
DEVELOPED BY THE EXECUTIVE DIRECTOR.
(4) THE SENDING STATE IS SOLELY RESPONSIBLE FOR MONITORING
THE DAY-TO-DAY FACILITY OPERATIONS, TRANSPORT, PROGRAMMING,
SERVICE DELIVERY, AND CONDITIONS OF CONFINEMENT IN A PRIVATE
CONTRACT FACILITY IN COLORADO THAT HOUSES INMATES FROM THE
SENDING STATE.
(5) THE SENDING STATE AND THE PRIVATE CONTRACT PRISON
FACILITY SHALL PROVIDE THE EXECUTIVE DIRECTOR WITH INFORMATION
OR DATA NEEDED TO ENSURE COMPLIANCE WITH THIS SECTION.
(6) UPON A VIOLATION OF THIS SECTION, THE EXECUTIVE
DIRECTOR MAY RESCIND HIS OR HER APPROVAL PURSUANT TO SUBSECTION
(2) OF THIS SECTION AND MUST PROVIDE AT LEAST SIXTY DAYS' NOTICE TO
THE CONTRACTING PARTIES OF THE RECISION.".
Page 5, strike lines 20 through 27.

Page 6, strike lines 1 through 10.

Page 6, strike lines 14 and 15 and substitute "DEPARTMENT OF LOCAL
AFFAIRS SHALL CONTRACT WITH A NATIONALLY RECOGNIZED PRISON
ACCREDITATION ENTITY TO STUDY FUTURE PRISON BED NEEDS IN
COLORADO. WHILE CONDUCTING THE STUDY, THE ENTITY".

Page 6 of the bill, strike lines 20 through 22 and substitute:
"(b) THE DEPARTMENT SHALL CONVENE AN ADVISORY COMMITTEE
THAT CONTAINS THREE REPRESENTATIVES OF LOCAL GOVERNMENTS, OF
WHICH AT LEAST TWO MUST BE COUNTY COMMISSIONERS, SELECTED BY
THE EXECUTIVE DIRECTOR, FROM EACH COUNTY THAT HAS A PRIVATE
PRISON TO CONSULT WITH THE ENTITY DURING THE STUDY.".

Page 6, lines 23 and 24, strike "STOP USING PRIVATE PRISONS AND MOVE"
and substitute "SAFELY REDUCE THE PRISON POPULATION, INCLUDING
MOVING".

Page 6, strike lines 25 and 26.

Renumber succeeding subparagraphs accordingly.

Page 6, line 27 and page 7, line 1, strike "IMPACT THAT REDUCING
PRIVATE PRISON BEDS" and substitute "ECONOMIC AND OTHER IMPACTS
THAT POTENTIAL PRISON CLOSURE".

Page 7, strike line 2 and substitute "THE WIDER COMMUNITY AND
RECOMMENDATIONS ON STRATEGIES TO DIVERSIFY THE LOCAL
ECONOMY;".

Page 7, line 3, strike "STATE-OPERATED" and substitute "STATE AND
PRIVATELY OPERATED FACILITIES".

Page 7, strike lines 6 and 7 and substitute:
"(IV) AN ANALYSIS OF PROGRAMS PROVIDED AT STATE AND
PRIVATELY OPERATED FACILITIES AND PROGRAM MODIFICATIONS OR
EXPANSIONS THAT MAY BE NECESSARY TO ALIGN WITH BEST PRACTICES
OR TO KEEP PACE WITH DEMAND;".

Page 7 of the bill, line 11, after "SAFETY;" add "AND".

Page 7, strike line 13, and substitute "OBTAIN PRIVATELY OWNED
FACILITIES OR UTILIZE UNUSED STATE-OWNED BUILDINGS IN COLORADO.".

Page 7 of the bill, strike lines 14 through 17 and substitute:
"(c) PRIOR TO COMPLETING THE STUDY, THE DEPARTMENT, IN
CONJUNCTION WITH THE COUNTY COMMISSIONERS, SHALL PROVIDE
NOTICE AND CONDUCT PUBLIC HEARINGS IN THE COUNTIES IN WHICH
PRIVATE PRISONS ARE LOCATED TO ALLOW DIRECT PUBLIC TESTIMONY
AND INPUT, WHICH THE DEPARTMENT SHALL INCLUDE IN THE FINAL
REPORT.".

Reletter succeeding paragraph accordingly.


Business,
Labor, &
Technology

Senate Journal, February 21
After consideration on the merits, the Committee recommends that HB20-1019 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend the Judiciary Committee Report, dated February 12, 2020, page
3, strike line 24 and substitute:

"Page 6 of the bill, strike lines 1 through 13 and substitute:
"SECTION 4. In Colorado Revised Statutes, 24-32-104, add (3)
as follows:
24-32-104. Functions of the division - definition.
(3) (a) THE".".

Page 3, line 25, strike ""DEPARTMENT" and substitute ""DIVISION OF
LOCAL GOVERNMENT IN THE DEPARTMENT".

Page 3, line 30, strike "DEPARTMENT" and substitute "DIVISION".

Page 3, line 34, strike "STUDY."." and substitute "STUDY. THE STUDY
MUST INCLUDE:".".

Page 4, line 11, strike "OPERATED FACILITIES"." and substitute
"OPERATED".".

Page 4, line 21, strike "DEPARTMENT," and substitute "DIVISION,".

Page 4, after line 26 insert:
"Page 7 of the bill, line 18, strike "DEPARTMENT" and substitute
"DIVISION".".

Page 4 of the committee report, after line 26 insert:

"Page 14 of the bill, line 27, strike "corrections" and substitute "local
affairs".

Page 15 of the bill, line 1, strike "executive director's office." and
substitute "division of local government, field services.".

Page 15 of the bill, line 2, strike "a" and substitute "H.B. 20-1019 study
of future prison bed needs in Colorado.".

Page 15 of the bill, strike lines 3 and 4.".



Senate Journal, February 21
HB20-1019 by Representative(s) Herod; also Senator(s) Gonzales--Concerning measures to manage the
state prison population, and, in connection therewith, making an appropriation.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 13, pages 242-244 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, February 21, pages 304-305 and placed in members' bill files.)

Amendment No. 3(L.044), by Senators Gonzales and Gardner.

Amend the Judiciary Committee Report, dated February 12, 2020, page
1, strike lines 13 through 21 and substitute:

"Page 5, strike lines 4 through 19 and substitute:
"SECTION 3. In Colorado Revised Statutes, 17-1-104.5, add (3)
and (4) as follows:
17-1-104.5. Incarceration of inmates from other states -
private contract prison facilities. (3) THE DEPARTMENT SHALL
DEVELOP AND RELY UPON CRITERIA FOR THE PROTECTION OF THE HEALTH,
SAFETY, AND FINANCIAL INTERESTS OF THE STATE OF COLORADO AS
DEVELOPED BY THE EXECUTIVE DIRECTOR.
(4) UPON VIOLATION OF THIS SECTION, THE EXECUTIVE DIRECTOR
MAY RESCIND HIS OR HER APPROVAL PURSUANT TO SUBSECTION (2) OF
THIS SECTION AND MUST PROVIDE AT LEAST SIXTY DAYS NOTICE TO THE
CONTRACTING PARTIES OF THE RECISION.".".

Strike page 2 of the committee report.

Page 3, strike lines 1 through 22.

Amendment No. 4(L.046), by Senator Gonzales.

Amend the Judiciary Committee Report, dated February 12, 2020, page
3, lines 26 and 27, strike "PRISON ACCREDITATION" and substitute
"RESEARCH AND CONSULTING".

Page 3 of the committee report, strike lines 35 and 36 and substitute:

"Page 6, strike lines 23 through 26.".

Page 4 of the committee report, strike lines 1 and 2.

Page 4 of the committee report, strike lines 12 through 17 and substitute:

"Page 7, strike lines 6 through 11.

Renumber succeeding subparagraphs accordingly.".

Amend the reengrossed bill, page 7, strike lines 18 through 22 and
substitute:
"(d) THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT
OF LOCAL AFFAIRS SHALL REPORT THE STUDY TO THE JUDICIARY
COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES, OR ANY
SUCCESSOR COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD
DURING THE 2021 SESSION OF THE GENERAL ASSEMBLY UNDER THE
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF
TITLE 2.".

As amended, ordered revised and placed on the calendar for third reading and final
passage.