S_JUD_2024A 01/24/2024 01:40:37 PM Committee Summary

Represenative Bird, Chair of the Joint Budget Committee (JBC), made opening remarks. 

Senator Bridges, Joint Budget Committee member, discussed the Department of Corrections (DOC) budget request.  Committee members asked questions about bed numbers and bed differentiations, workforce housing, inmate deaths, and health care.  Further discussion ensued about methodologies departments use to determine budget requests.

Senator Zenzinger, Joint Budget Committee member, proceeded to discuss the DOC supplemental request.

The JBC Staff Budget Briefing document that includes all state agences may be accessed at this link: https://leg.colorado.gov/sites/default/files/fy24-25brfsum-12-22-23_0.pdf

The DOC budget briefing document is located here: https://leg.colorado.gov/sites/default/files/fy2024-25_corbrf.pdf. 

The DOC supplemental request is linked here:  https://leg.colorado.gov/sites/default/files/cy24_corsup.pdf

Senator Bridges next discussed the Judicial Department budget.  He highighted budget requests related to staff and salary increases, case management system upgrades, and the competency backlog. Committee members noted the recent vandalism at the Ralph Carr Building and associated repair costs. Further questions were raised about the Office of Administrative Services for Independent Agencies (ASIA).  Additional inquiries were made about probation fees and attorney compensation. 

Senator Bridges proceeded to summarize the Department of Law budget, followed by the Department of Public Safety. He highlighted natural resources, auto theft, crime victims services funding, disaster recovery, and law enforcement recruiting.  Committee members asked questions about grants.

Kelly Causey, Deputy Commissioner of Engagement, and Ryan Templeton, Division Director, Policy and External Affairs, presented about the Behavioral Health Administration (BHA). They discussed the agency purpose, duties, goals, performance management, and legislative and regulatory agenda. 

Their presentation is posted at these links:  https://leg.colorado.gov/sites/default/files/images/joint_judiciary_22-196_smart_presentation.pptx_1.pdf and https://leg.colorado.gov/sites/default/files/images/appendix_a_22-196_.docx.pdf. 

Committee members asked questions about waiting lists at the Fort Logan Colorado Mental Health Institute, as well as treatment options for youth.

Tom Raynes, Executive Director of the Colroado District Attorneys' Association, provided a history about elected district attorney (DA) compensation.  He laid out the need for higher salaries to attract qualified DA candidates, among other reasons. 

Alexis King, District Attorney for the 1st Judicial District, testified in support of increasing district attorney salaries. 

Jim Bullock, District Attorney for the 16th Judicial District, provided testimony in support of increasing salaries from a rural perspective. 

Anne Kelly, District Attorney for the 12th Judicial District, discussed the lack of resources in smaller, rural judicial districts. 

Committee members asked questions about attracting qualified attorneys to rural areas and career paths.  Further questions were asked about compensation and retention. 

The following District Attorney panel testified in support of increased compensation and mentioned cost of living, office support, and qualified applicants:

• Brian Mason, District Attorney for the 17th Judicial District;
• Travis Sides, District Attorney for the 13th Judicial District
• Ben Sollars, Assistant District Attorney for the 9th Judicial District; and,
• Seth Ryan, District Attorney for the 7th Judicial District

Committee members asked about cost of living challenges in resort areas. 

Emily Hansen, Senior Legislative Budget and Policy Analyst, Joint Budget Committee Staff, summarized a memoradum about competency services within the Colorado Department of Human Services (Attachment A).

Alfredo Kemm, Chief Legislative Budget and Policy Analyst, Joint Budget Committee Staff, presented information about competency, including staffing, diversion, beds, and other related topics (Attachment B). 

Committee members asked questions about the consent decree and fines for non-compliance.  Discussion followed about diversion opportunities for this population. 

Leora Joseph, Director, Office of Civil and Forensic Mental Health, Colorado Department of Human Services, presented about behavioral health services, the competency consent decree, competency in other states, court orders and waitlists for competency, psychiatric beds, staffing, and systemic solutions.  Her presentation slides may be viewed here:  https://leg.colorado.gov/sites/default/files/images/legislator_presentation_0.pdf.

Committee members asked questions about beds and funding.  Discussion ensued about diversion and removing the criminal justice system as the competency focus.  Further questions were asked about strategies and solutions in other states.  Discussion followed about reasons for the increase in individuals being found incompetent and competency orders. 

Additional inquiries were made about competency terminations followed by ones about the budget. 

District Attorney Bullock discussed modifying the competency process. He also mentioned services for those found incompetent for criminal proceedings but not dangerous enough for mandated treatment.

James Karbach from the Office of the Colorado State Public Defender discussed the consent decree and ways other states address the competency crisis.  He also stressed the need for a transformative approach to stop the competency cycle. 

The committee discussed upcoming legislation and initiatives.