Capital letters indicate new material
to be added to existing statute.
Dashes through the words indicate deletions
from existing statute.
This is supplied as an informational item
only.
This is NOT an official publication of
the Colorado State Legislature.
First Regular Session
Sixty-first General Assembly
LLS NO. 970061.01 JBB
HOUSE BILL 971001
STATE OF COLORADO
BY REPRESENTATIVE Pankey;
also SENATOR Powers.
ENGROSSED
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE PAYMENT OF COSTS BY CRIMINAL OFFENDERS,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires state prisoners who possess electrical appliances
to pay a monthly utility fee to offset the department of corrections'
utility expenses. Directs the executive director of the department
of corrections to establish the monthly utility fee in an amount
not to exceed $2 and to report annually to the joint budget committee
and the office of state planning and budgeting on the amounts
collected and costs incurred.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
1 of article 1 of title 17, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
171113.5. Electrical utilities
charge to state prisoners. (1) THE
EXECUTIVE DIRECTOR SHALL ESTABLISH BY RULE A REASONABLE UTILITY
FEE, NOT TO EXCEED TWO DOLLARS PER MONTH, FOR ELECTRICAL UTILITIES
THAT ARE USED BY STATE PRISONERS WHO ARE CONFINED TO ANY CORRECTIONAL
FACILITY. THE DEPARTMENT SHALL CHARGE EACH STATE PRISONER WHO
POSSESSES AT LEAST ONE ELECTRICAL APPLIANCE THE MONTHLY UTILITY
FEE. THE DEPARTMENT SHALL DEDUCT THE UTILITY FEE QUARTERLY FROM
THE STATE PRISONER'S ACCOUNT.
(2) THE FOLLOWING STATE PRISONERS SHALL
BE EXEMPT FROM THE PAYMENT OF UTILITY FEES:
(a) INMATES AT THE DENVER RECEPTION AND
DIAGNOSTIC CENTER WHO ARE NOT PERMANENTLY HOUSED AT THE FACILITY;
(b) INMATES WHO ARE MENTALLY ILL PERSONS
AS DEFINED IN SECTION 2710102 (7), C.R.S.;
(c) INMATES WITH DEVELOPMENTAL DISABILITIES
OR OTHER DISABILITIES; AND
(d) INMATES AT THE SAN CARLOS CORRECTIONAL
FACILITY.
(3) THE DEPARTMENT SHALL USE THE MONEYS
COLLECTED PURSUANT TO THIS SECTION TO OFFSET THE DEPARTMENT'S
UTILITY EXPENSES. THE EXECUTIVE DIRECTOR SHALL REPORT THROUGH
THE DEPARTMENT=S
BUDGET EACH YEAR TO THE JOINT BUDGET COMMITTEE AND THE DIRECTOR
OF THE OFFICE OF STATE PLANNING AND BUDGETING ON THE MONEYS THAT
ARE COLLECTED AND SPENT PURSUANT TO THIS SECTION.
SECTION 2. Appropriations - appropriations in
the long bill to be adjusted. For the
implementation of this act, appropriations made in the annual
general appropriation act to the department of corrections for
the fiscal year beginning July 1, 1997, shall be adjusted as follows:
(1) The cash fund appropriation to institutions,
utilities subprogram, shall be increased by one hundred eleven
thousand three hundred twenty-three dollars ($111,323).
(2) The general fund appropriation to
institutions, utilities subprogram, shall be decreased by one
hundred eleven thousand three hundred twenty-three dollars ($111,323).
SECTION 3. Effective date.
This act shall take effect on September 1, 1997, except that,
if a referendum petition is filed against this act or an item,
section, or part of this act within the ninetyday period
after final adjournment of the general assembly that is allowed
for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution, then the act, item, section,
or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation
of the governor.