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Committee HearingJoint

Joint Budget Committee [Mar 13, 2026 - Upon Adjournment]

March 13, 2026 · Budget Committee · 28,979 words · 5 speakers · 514 segments

Senator Mobleysenator

. Thank you. We are figure setting on the judicial department, starting with Ms. Bickle.

Ms. Bickleother

Good morning. So this is just the courts and probation sections. And so my tables in here are really just courts and probation. So I will just, you know, point you to page two. Despite my best efforts, we are still looking at a 6.6% increase in general fund. It's really all common policy. Like, that is the whole story here. And you can kind of nibble around the edges, but it's really hard to do anything without common policy. I am also then going to just jump you to page 8 where I show, we don't need to go through all of this now, but I'll just note I do have major differences from the request and I've put those together in a table. But I will mostly then go to the substance and we can work through all those differences as we get to them. So with that, on page 10, we have the IT Capital Judicial Case Management System. So because it's a separate branch, this gets handled in the operating budget discussion instead of the IT Capital, but you did refer it to the JTC. Last I saw, the JTC still had not made a decision on it, though you did get a decision from the JTC on the IT operating request, which I've put in front of you as a handout.

Senator Kirkmeyersenator

Was this what we just got emailed as well?

Ms. Bickleother

Yes.

Senator Kirkmeyersenator

Okay. Yeah. There is another one.

Ms. Bickleother

There were two that you referred to them. They've met multiple times with the department. They seem to be, frankly, quite hung up on the AI costs, and that has sort of derailed it every time. In any case, they have not yet made a recommendation on this one. My recommendation to you on this one, though, is actually against the request, and that's just because there's not really enough information yet. I'm very supportive of this IT capital project. I THINK IT'S CRITICAL FOR THE BRANCH. BUT AT THE MOMENT THEY ASKED YOU FOR 3 MILLION CASH FUNDS BUT AT THIS POINT THEY WORKING WITH AN ADVISORY VENDOR At the moment they asked you for 3 million cash funds but at this point they working with an advisory vendor to put the RFPs together That's going to be the next stage in this entire IT capital project, and they really won't know until the summer even which piece of the project they're going to do first. and they've got 10.7 million of the amount that you previously appropriated that has not, that's not yet committed in any way. So I sort of feel like once they actually know.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. Do they have spending authority for that rolling into next year?

Ms. Bickleother

Yes.

Vice Chair Bridgesassemblymember

Great.

Ms. Bickleother

So I think given that they should be able to get going on the project, if they determine with the advisory vendor that they need to go out for a larger number, maybe you'll see something in June as a, you know, 1331, but I just don't think there's enough information at this point for you to add 3.2 million in cash funds when you don't even know what projects you're going to be doing.

Vice Chair Bridgesassemblymember

Okay.

Senator Mobleysenator

Rep Taggart.

Representative Taggartassemblymember

Thank you, Madam Chair. Just a question. The delta between the 15.3 million and 10.7 is obviously 4.6. What is that $4.6 million going to? Because it seems like a lot of money spent before an RFP.

Ms. Bickleother

Rep. Tiger, that amount is two things. One is their discovery process, which they spent about a year on. And it determined that they had like 30 different systems that needed to be dealt with. And you do have 23 judicial districts. So there was a lot of figuring that out. And then right now it's about a 1.4 million cost with this advisory vendor who's going to help them figure out what are they going to target first, how to formulate the RFPs so that they get the, you know, products that they want. So that's what it's going for. The whole project is supposed to cost about 33 million. I don't know exactly. And it could be, my guess is, it will end up getting spread out over even more time.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Think of Madam Chair. I move staff rec IT cap 1.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Ms. Bickleother

You know, I did want to, as part of this, though, also just point out to you on pages, on page 15, I've given you quite a bit of write-up, but it is really important to note that the source for this is cash funds, but it is going to have real TABOR impacts. I mean, we are looking at, over a couple of years, increases in their cash revenue of $12.4 million. So that's significant and notable, and I do feel like this is worth it. I think their systems really are so archaic that they are not answering the need. And, you know, I think there was this, particularly in probation, there was this look recently about trying to get more information about, like, the impact of probation services. And among the findings were data could not be queried at the individual level And probation staff are currently using nine or ten different systems to track different pieces of client data and the result is poor quality data, duplicate data entry, and limited ability to use the data that exists. And the department's noted, I mean, some of this code goes back to codes invented in the 1950s. I mean, Fortran, COBOL, it's really, really old stuff. Do we see that? Do we see that?

Representative Taggartassemblymember

I thought I was born in the 50s. Taggart's like, here's my car.

Vice Chair Bridgesassemblymember

Thanks.

Representative Taggartassemblymember

Shove it, Bridges, because so was I.

Ms. Bickleother

Anyway, so that's just a note. I want you to think of it, be aware of this. This plane's a lot. Punk. All right, I'm moving to page 17, and I have been told that you, if, I'm going to try and move as expeditiously as possible, so slow me down if there's something you want to talk more about.

Representative Taggartassemblymember

Do we have to do something about 16?

Ms. Bickleother

Sorry?

Representative Taggartassemblymember

Oh, excuse me, yes you do.

Ms. Bickleother

See, I'm moving too fast. 16, part of the request was for the IT cash fund uncommitted reserve waiver request. So if you remember, there's a limit of 16.5% on uncommitted reserves. This is again for this IT capital cash fund. They're trying to build up amounts in that cash fund so that they can spend it for this IT capital project. You can see on page 17, I gave you a replacement page 17 in front of you because I had several different versions of things that were submitted to me. But the bottom line here is that I really do think that they probably need that extended through 28-29 at least when the project's done. SO THE PLACEMENT PAGE SHOWS IT GETTING SPENT DOWN, BUT THIS COULD TAKE EVEN LONGER. THE RECOMMENDATION SAYS GIVEN THIS, THE STAFF RECOMMENDS EXTENDING THE I'M WAITING WITH BATED RECK.

Senator Kirkmeyersenator

IT'S LIKE AN UPWORTHY HEADLINE. WHAT COMES NEXT? CLICK BAIT. DONE. WHAT'S THE RECK? 28, 29.

Ms. Bickleother

Staff recommends these three tips to deal with stubborn belly fat. I'm sorry. There were many typos in this packet. I was working quick. I would say the version that's online has corrected at least some of those minor errors.

Senator Kirkmeyersenator

All right. So through 28-29. Yes.

Ms. Bickleother

The recommendation, and it is in the first sentence, I'd recommend that you extend it until 28-29.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam. I move the staff's enticing recommendation on judicial IT cash fund uncommitted reserves waiver request.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. All right. Next one, judicial officers.

Ms. Bickleother

This is actually not really a request. It was a request. It was just saying, please do continue to annualize the action you took last year, which was the bill to add new judges. There should be 10 new judges and staff that will be coming online in 26, 27. But as part of this the word discussions I think the judicial branch my understanding is has some interest in the JBC possibly playing a larger role in the judge bill process And so one thing you could think about is talking with leadership about whether you want to change the current rule joint rule that says that judges' bills will be introduced on the first day of session, because it makes it hard for you to, for that to interact very well with the budget. So you could either just remove that or work with leadership to remove it, or you could think about an alternative deadline that was, like, closer to the long bill deadline. It must be done in the first 60 days. It just might make it a little easier for that, those figuring out how you want to proceed on judge bills.

Senator Kirkmeyersenator

Senator Bobbley? Does anybody know why that's in there? that it has to be introduced on the first day? Like is there some, I don't know. I didn't notice anything last year, but if there's no reason for it.

Ms. Bickleother

Maybe it's just to give us ample time to consider it. My understanding is that this has, you know, been around, that requirement has been around for a long time, and it was frankly probably existed when members were here for a lot longer, and the Judiciary Committee wanted to play a big role in figuring out the judge bill components. But it is just, it's a very old requirement, and I don't, it's not clear to me from talking with the department that it has a particularly useful function now.

Senator Kirkmeyersenator

Senator Kirkmeyer. I guess, I don't know why we would change that. The reason I thought it was for the, on the first day, because it has to be done within the first 60 days. has to be through both chambers. And if you remember last year, I think we had to extend that in the Senate for some reason or it was getting extended for some reason. We suspended the rule. Yeah. Yeah. So we have that availability already to do that if they don't. But I thought there's also a requirement that it has to be done the first 60 days so that it does coincide with the budget process and we have the bill through prior to the budget. I will have to look and see if there's another, an additional component.

Ms. Bickleother

Yeah, there was something like that. I don't know.

Senator Kirkmeyersenator

Well, isn't this judges?

Ms. Bickleother

This is solely about the judge bills are required to be introduced the first day of session. But they have to be done within the first 60 days.

Senator Kirkmeyersenator

Yeah, it is. Yeah.

Ms. Bickleother

We have that requirement too because, like we said, we suspended it last year because it was getting down to the wire. I'm sorry if I missed that one as well. Anyway, this was just like do you want, but are you interested in adjusting this? Because they had some interest in your thinking about that. There's also, you know, the other thing kind of obviously is that you really want to, regardless, the judicial branch should understand, it should definitely let you know about any judges' bills it wants in its November 1st request, right? That's either way you want to know about it earlier. I do think that did happen this last time around, but there's sort of, there's no formal requirement, and I don't think there necessarily needs to be, but you just should reiterate that. You need to know that.

Senator Kirkmeyersenator

I mean, it seems. Senator Mobley. Thank you. It seems like it would make more sense, actually, for us to be deciding on the judge's bill while we're doing figure setting and not to have that bill get rushed through before we've actually done our final balancing.

Ms. Bickleother

Sure.

Senator Kirkmeyersenator

Then we just need to go change our rules. All right. Well, we can all bring that up with our leadership, I suppose. I don't know. I have to check. I don't know if that's in statute or not. Let me just add this question.

Ms. Bickleother

It's just rules, right?

Senator Kirkmeyersenator

It's just rules. Because we suspended the rules, so it must just be rules. So we should probably have that discussion about changing the rule, I guess.

Ms. Bickleother

But that's not why I raised my hand. I would like for us to consider that we would pause this. I'm not saying that we would have to run a bill and take back what was happening last year, but in appropriations in the Senate, we had this discussion, and that's why it also said subject to available appropriations, the bill increases. So I took that to mean that we, you know, if we approve the judges, we could still pause or push it out a year if we wanted to. And so I would suggest that we really think and consider that we pause this, because we don't have the money. And we're cutting everywhere else, and we can't afford to keep letting departments or branches have increases. I mean, we just can't. Everybody has to take a cut, and I don't see any place where we're getting cuts here. And this is going to increase substantially. So I know the law is that once it's passed, then there's a two-thirds thing. I'm not saying repeal the law or change the law. It passed. It happened. But now subject to available appropriations, I think we can push it out a year or even, you know, three-fourths of a year, something of that nature, and have it start at the very end of the next year so that we have some savings here. And that's my suggestion. Any takers?

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. I'm 100% behind that, and I actually, I think, in briefing, asked the department to consider it and to do it on their own as compared to us. And I know that they desperately need this, but as you point out, Ms. Bickle, they get hit with a $32 million increase for common policy. And that number alone, and you layer something like this on top of it, It's just, how do we do this? So I know I raised it. I didn't know that we could do it as a pause, but I think it's a reasonable approach. This would require us to pass legislation to undo this? No. Or is it just a reduced appropriation?

Ms. Bickleother

Legal services, and I would say, Senator Korkmeyer, my initial read of it as well was, like it says, subject to available appropriations. So you can just reduce the appropriation. Legal services has been very clear that no, they do not feel that you can just not appropriate. They feel that you actually must run a bill and get two-thirds passed in both houses in order to change those provisions.

Senator Kirkmeyersenator

Senator Kirkmeyer. Well, I'm not sure how the question was posed to legal services. But anyways, in the analysis on page 18, it talks about that the district court judicial officers are 90% staffed, that the judicial officers, the county court judicial officers are 86.4, and the appeal judicial officers are at 70.8. So hence why I was suggesting maybe we don't, we appropriate funds in 26-27, but we don't start that until like, you know, September or whatever, whatever is three of the year and then they can figure out all their stuff and they know that the appropriations isn starting until the end of the year But they still getting appropriated and I think that we can do that Because it was very clear and we had this discussion about available appropriations in appropriations in the Senate side

Ms. Bickleother

So I think we can do that. We're still appropriating in 26-27. We're not saying they're going to get less judges. We're not repealing any of that. We are just saying the appropriations doesn't start until a certain time in 26-27. I believe that we can do that.

Senator Kirkmeyersenator

Senator Mobley. Plus, there's nowhere for them to sit. Exactly.

Ms. Bickleother

And they haven't even filled all their other staff. Ms. Bickle. I do believe that the law that's been passed does say July 1st for the new judges. I am more than happy to engage with legal services around this again, but they were fairly clear that they didn't see this as an option. Maybe there's some possibility in terms of the judge's staffs, you know, but I think minimally the judges themselves, legal services thinks you would actually need to run a bill.

Representative Taggartassemblymember

Rep Taggart? Thank you, Madam Chair. I don't know what the question was. We have members, at least one member of the judicial, of the courts here. I would again ask them if they would consider, so we don't have to do legislation, whether they would consider what Senator Kirkmeyer has talked about in a different introduction date. Maybe it's January 1 that we get a half a year. I don't know what the Senator was thinking about from a timing standpoint, but they help us out by just being a partner with us in this. Because we need some savings.

Senator Kirkmeyersenator

Well, from my perspective, this is already law, but they made it there R1, understanding the budget situation that we are in to say this is still our top priority. And Ms. Bickle will see how the rest of these items go is not recommending that we approve. There are two, and there are other requests for staff in here that are also not recommended by our staff. So I think that from the, and, you know, we heard in the hearing our Chief Justice came and reiterated that this item is their top priority. and I think we had an understanding of our budget situation when we passed it, which is why it was cut so significantly in the Senate to begin with, to give them the lesser request that they ultimately got. So I am in favor of doing nothing and allowing this to go forward. I don't know where everybody else is at. If you want to take a vote on defunding it, Rep Brown? Thank you, Madam Chair. I was convinced in the hearings and in the data that the department presented about sort of the caseload, if you will, of the courts, about how complex these cases are getting, how much time it's taking, and without sufficient resources, that means people are waiting longer and longer perhaps in jail for the adjudication of their cases And so I think for me this is something that we sort of have to do And, you know, I'm not convinced that reversing this policy would be in the best interests of Colorado at this point. Yeah, I mean, it is a, I was flipping a minute ago, but, and I don't know where they're going to sit, but it is a core function of government, and we can't starve one branch and tell them they can't do their job. And so, I just, I don't think that we should be revisiting that. I just want to say first of all, I'm not saying to revisit the legislation or the policy or the fact that there were this number of judges that were argued over pretty strenuously and we finally, I don't know that I ever actually agreed, but finally got to something different. That's fine. What I'm saying is to, it says in there, and we had this discussion in appropriations, we talked about availability of appropriations for year two. And we talked about whether or not if it was available, did we have to do year two? I'm not saying that they wouldn't get their new judges. I'm just saying maybe we cut it either at quarter time or half time. They could still get their judges. They could still get all of the other people, even though they haven't even filled all their other staff positions, but they could still get all their people still in 26, 27. I'm not saying going back on any of that. It's just when does the appropriations become available and how does that help us in this budget setting?

Ms. Bickleother

I think you could definitely ask for, say, midyear reporting about how quickly they had brought folks on. I mean, as I said, it feels to me like at least the judicial officers themselves probably need to be July 1st, but these judicial officers did come with a bunch of other related staff, so maybe those won't all start July 1st, and we could certainly ask, and if you get to kind of mid-year and it really seems like they're not bringing them on quickly enough, you could take some related savings potentially. I'm kind of making this up and I think I would, you know, if you really wanted to go that way, I will come back and I'll have a discussion with the department and come back. Okay.

Senator Kirkmeyersenator

Thank you, Madam Chair. I think great idea. Maybe we could go the other way because we're used to truing up on things. So maybe we could appropriate for half a year and then true up and see where they're at instead of having to essentially have what would be like almost like a negative supplemental. We would just true up. Maybe we could do it that way.

Ms. Bickleother

I am happy to come back. I'll talk a little bit more with the department. I don't know what the history has been in terms of how quickly when they have new judges, the staff for those new judges come on. Let me get a little more information. I'll come back to you.

Senator Kirkmeyersenator

Okay.

Ms. Bickleother

Okay so those anyway this is if I come back more on that one and should we move on to R2 that on page 18 Okay. So R2 was a request for additional, 10 additional FTE, 8 trial court legal research attorneys, two Court of Appeals staff attorneys. So I am recommending refinance of a couple million dollars of general fund with judicial stabilization funds. I'm not recommending the new FTE. And I think there's a reference in the title there to footnote, but actually I'm ending up recommending a request for information after going through a few different iterations with the department about this. So this is on page 19, you have the information about the new staff that they were looking for. So they're looking in the appeals court. They were looking for two attorneys. You know, it meant to some extent I feel like these requests reflect the fact that, yeah, they started out with the judge's bill with wanting 30 new judges, and in the end the General Assembly provided them 15, and they're sort of trying to figure out other ways to help relieve pressure on the courts. And so, for example, they wanted originally three new appeals court judges, and they got none, and so they're asking for two staff attorneys that might assist appeals court judges. The, you know, similarly, I would say with the legal research attorneys, this would be, there's currently 26 of those, so this would be like a 30% increase actually in legal research attorneys assisting the courts and assisting judges. I think these are fine ideas in a different budgetary environment. I would recommend them, but it feels like this is something you don't have to do, and I was anticipating you would probably have to move ahead with the judges' bills, and so I have not recommended these new staff. The other piece here is sort of what is the status of this cash fund. And there's a pattern that is, I want to give kudos to department staff. They've really worked to make kind of their cash funds operate in a way that's more consistent with standard government practice. But that in and of itself seems to have created some patterns that I think are going to need to be addressed. And if you look at the chart on page 20, you'll see in 2019, I think they were, they had something they were doing that involved moving funds around so that they always ended up spending everything and the appropriation matched, the revenue matched the expenditures. that time you can see as they've changed the management those gaps have grown and in particular we're ending up with this appropriation that is well above the revenue, that is well above the level of expense. And I think a lot of what's happening is that you're appropriating out funds to the judicial districts that are, or that they're distributing to the judicial districts that are majority general fund, like 85% general fund and maybe 15% cash funds, there's a natural pattern of reversions in the 4% range most years where there's just turnover, and so people are gone For a month or two, it takes a couple months to fill a position. And those reversions are getting treated entirely as cash funds. So then the cash fund grows, and then there's more cash funds to appropriate. My initial response to this was, well, we should enforce proportional reversions. If they have 85% general fund, well, they should be reverting 85% general fund. The problem is that we're now far enough down this pathway that there is a great deal of cash funds that they're assuming are never going to get used. They use them to establish positions in the judicial districts knowing that there will be reversions, so they're kind of like empty spending authority. So if you started to take all that away and put, have them revert more to the general fund, you would quickly run into a problem where you needed more general fund in your appropriations. So I don't, I have not figured out exactly what the right solution to this is, which is why I'm going to recommend an RFI. I don't have the exact language yet, but I feel like, you know, this does need to be addressed. but I don't want to put in a footnote and start requiring reversions to the general fund, and then you need to fill in general fund in their annual appropriations. That seems like it would be a worse outcome than you've got right now. So I am recommending the part of their request that said do a two-year exchange of cash funds and general fund. they have enough money that you can do a temporary refinance. But I think hopefully we can get this overall picture cleaned up. You know, page 21 has more of these actual numbers. You can see the growing balance of that judicial stabilization cash fund. And you can see that for the moment, you are, you know, you're still in a situation where the balance is exceeding the appropriations, but not by a whole lot. And actually, I think the department would say, if you included their POTS allocations, which are not spelled out in great detail in the long bill, they might be even more kind of over-appropriated. Like, well, you're definitely appropriating more than there's revenue to this fund. So, suffice it to say, I'm recommending take the exchange of money, the $1.5 million for two years, and then hopefully we'll start to clean this up. We'll figure out a pathway for cleaning up the situation.

Senator Kirkmeyersenator

Thank you, Madam Chair. Ms. Bickle, I appreciate what you're saying. I just think it is not a good practice to receive general fund appropriations and then revert them to cash. And I understand we've got to figure out where we are today, but I think we need to stop that practice because that eliminates transparency for us when that starts to happen because we just see it then as a cash fund. And we all know that some cash funds start by general funds, But I just don think that a good practice and whether it needs legislation or something but going forward did that practice end

Ms. Bickleother

Rep Taggart, again, I agree with you, but when I actually started mapping out what that would mean, what it would mean is in the near future you would be needing to give them significantly more general fund. because right now what we have is this circular pattern where they're allocating out cash funds, and then that's kind of empty spending authority. I went down several different options. That's why I had a potential footnote on there, and then I was like, I cannot create a bigger problem for you next year. We need to figure out how to solve this, but I think it's going to require some serious methodical work, and I totally agree. I THINK WHAT I WOULD LIKE TO SEE IN THE FUTURE IS PROPORTIONAL REVERSIONS. THAT SEEMS LIKE THE RIGHT THING TO BE DOING.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES. THANK YOU, MADAM CHAIR. I MOVE STAFF RECOMMENDATION ON R1 JUDICIAL OFFICERS. R2. R2. TRIAL AND APPELLATE COURT PROGRAMS. ARE THERE ANY OBJECTIONS? THAT PASSES ON A VOTE OF 6 TO 0.

Senator Mobleysenator

Okay, R11.

Ms. Bickleother

This was a request from the department. So now this is page 22. And the department, you had a discussion. I did a briefing for you. You had a discussion with the department about kind of what to do generally about the cash fund situation in the department. The department has a ton of different cash funds. So just moving to the discussion on page 23, you know, I do think cash funds are really important in sort of stabilizing judicial expenses and when you've got downturns. It's a lot of money. There's a couple hundred million in cash fund appropriations. Those funds come from many different sources. There are things that look like user fees that are like that are like, you know, you're filing for divorce, you have to pay a user fee. There's other things that look like punitive fines on offenders. There's other components that are charges to offenders, but they're really designed to provide services for offenders. You've, like, many different types of things here. And they are subject to TABOR, so they drive out general funds. So for some things, if it seems like bad policy, well, you're not actually gaining anything from it. You sort of asked the department about, do you want to, where do you want to go from here? Because I'm not recommending there the conversation that you had last year, which was, let's just let them choose which funds to increase and do it by no more than the increase in population and inflation. I think you should be making deliberate decisions in this area. And the question is, if you're going to do that, like, how are you going to choose which fees you would address? So it seems to me a process is needed. That process could involve various kinds of advocates on different sides. I think maybe you need an advisory board. Exactly what that should look like right now, I don't know. And it's going to, the department said they were willing to work with you, but didn't, in the hearing at least, give you a lot of detail on exactly what they thought that should look like So there an argument that a bill would be a good idea I mean if you would like to go that way I would be willing to help you with it You could put this off and work on it more next year. I don't think it's an immediate problem, but it is a sort of structural problem that is, I think, worth thinking about and, you know, engaging in.

Senator Kirkmeyersenator

Thank you, Madam Chair. I move to staff REC R11. Well, is the REC just, I mean, I don't want to do a bill.

Ms. Bickleother

I think fine if they want to, if there's some work group, but I also agree that I don't think we should just turn this over to the judicial branch and that probably a lot more information is needed before somebody's going to consider adjustments.

Senator Mobleysenator

Okay, so, so, no bill is great with me. I would say maybe even, let's, maybe even an RFI is not necessary at this point.

Ms. Bickleother

I can talk with them, we can do an RFI if you would like, to sort of flesh out some ideas that they might have about how to go forward. That would, like, that, or I can just try and work with them more in the interim and see if I can come back to you with something that is more fleshed out that you could consider, be it for a bill or some kind of a process for how to move this forward.

Senator Mobleysenator

I like the last choice. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. So do we just deny their request? Is that what we should do here?

Senator Mobleysenator

So that in essence we'll deny the request and you'll work with them without an official reply?

Ms. Bickleother

Yeah, I think that that works fine.

Senator Mobleysenator

I move to deny department request R11. Are there any objections? THAT PASSES ON A VOTE OF 6 TO 0. OKAY. GREAT. I ADMIT I WAS A LITTLE WORRIED YOU WOULD WANT TO GO FOR A BILL, AND I WOULD NEED TO FIGURE OUT WHAT THAT WOULD LOOK LIKE, SO FINE BY ME. R14 IS A, LIKE, VERY MINOR TECHNICAL THING. THEY'RE BASICALLY ASKING TO SHIFT MARIJUANA TAX CASH FUNDS BEING IN ONE LINE ITEM TO BEING IN A DIFFERENT LINE ITEM, MOVING IT FROM THE ONE MILLION IN THE TRIAL COURT, TAKE THE MARIJUANA TAX CASH FUNDS OUT OF THE TRIAL COURTS PROGRAM LINE ITEM AND PUT THEM INSTEAD IN THE CORRECTIONAL TREATMENT CASH FUND LINE ITEM. THERE'S A NET ZERO IMPACT HERE. THERE'S LEGAL AUTHORITY TO USE THOSE FUNDS IN EITHER LINE ITEM. I, but I think it's fine to shift them into a line item that's more related to services. I, it's, so I have recommended this request. I would note though that if you do this, then if there happens to be an opportunity, you might eliminate the statutory authority for doing marijuana tax cash funds in the trial court's line item. I think that goes back to, you know, something in the early 2000s, in the early 2021s, there was a bill that created reductions for some fee revenue related to DOR, revoking driver's licenses. That needed to be filled in. Marijuana tax cash fund was available. So that was what went into that bill. AND IT THAT THERE ALSO LEGAL AUTHORITY TO USE MARIJUINE TEX CASH FUNDS FOR THIS BUT AGAIN IT I DON THINK IT makes a big difference either way I think it fine to go with the department request which is the staff rec Okay, and should we approve that, would you just follow up with Mr. Catlett? Should we have an MTCF bill that that would be appropriate for? I would imagine we will.

Ms. Bickleother

Yes, I would be happy to do that.

Senator Mobleysenator

I don't think it's worth its own bill, but if there's an opportunity. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec then, R14. Are there any objections?

Senator Mobleysenator

That passes on a vote of 6-0. Okay. Also, R17, another pretty technical thing. The department would like a separate line item for the Office of Dispute Resolution. The relevant statute seems to go all the way back to like the 80s and the early 90s, but the department would now like to more clearly separate this function. So it's a net zero breakout of a line item. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec R17.

Senator Mobleysenator

Are there any objections? That passes on a vote of six to zero. SO THE NEXT ITEM, THE DEPARTMENT DESCRIBED, THERE'S REALLY THREE DIFFERENT PROGRAMS. THE DEPARTMENT IDENTIFIES AS PASS-THROUGH REQUESTS. THAT IS, THEY'RE ESSENTIALLY FORWARDING THE REQUESTS THAT COME FROM OTHER ENTITIES. THERE'S THREE PARTS TO THIS. ONE IS THE DISTRICT ATTORNEY MANDATED COSTS LINE ITEM. ANOTHER IS THE CORRECTIONAL TREATMENT BOARD. And the other, another is the Sex Offender Management Board. And so particularly the Correctional Treatment Board and the Sex Offender Management Board, funds can get used in various ways and those boards make recommendations on how they would be used. And so I am recommending the components of their request related to the offender treatment services AND THE CORRECTIONAL TREATMENT CASH FUND EXPENDITURES, BUT, WHICH ARE ALL REDUCTIONS, INCIDENTLY. BUT, AND I'M, ON THE DISTRICT ATTORNEY MANDATED COST, THERE WAS A REQUEST FOR 314.184 GENERAL FUND INCREASE, AND I AM RECOMMENDING AGAINST THAT. YOU HAD A HISTORY OF REVERSIONS, THERE WERE CUTS, THE DISTRICT ATTORNEYS HAVE SET KIND OF A FORCEFUL LETTER saying we need more money, but I simply have not seen evidence that they actually have justified why there needs to be an increase in this specific line item. So, and obviously you've got general fund constraints, so I think you could ask them to continue to operate within the money that they have right now. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff initiated abuse discrepancy between. No. Oh, did I? R19. Page 25. Pass through request. Pass through request. It's at the bottom of the page. It turned way too far. All right. Thank you. I move R19 pass through request.

Senator Mobleysenator

Are there any objections?

Senator Kirkmeyersenator

The record staffer. Staffer.

Senator Mobleysenator

That passes on a vote of 6-0. So now getting to page 29. I have been thinking a lot about kind of how you deal with this issue that you get very different numbers from what shows up in the governor's assumptions for the balanced budget versus what you get from the from the judicial branch the other independent bodies frankly the i don't know that the legislature is a big player here but also the legislature operates independently um so i think it is reasonable for you if you are willing to sponsor a bill that says that you are going, that the governor's office, it sets certain assumptions for the governor's office, says you must assume at least the base budget annualizations, meaning stuff that's been done in prior years where there's a, the JBC or the General Assembly has said what the second year impact should be, and common policies, and that you should assume those, plus some other increment that's sort of consistent with what you've done for other agencies. That's the piece that would be governor's assumptions. And so what that would address is problems like the one we had this last year where the governor's office simply did not include the second year impact of many, many bills, including the judicial officer's bill in the budget request. That just was not built into the base. So at least if you can ensure that the base numbers are correct, we can, that is a, will reduce discrepancies. Then the governor will have some assumption about increases that different entities get, and those entities will come up with their own separate requests for whatever they're requesting. those two things they don't need to, all of those more discretionary items can come November 1st, and they don't need to necessarily be in communication about them, but this would at least reduce the degree of discrepancy. I have had conversations with the judicial branch agencies. agencies, I forwarded an initial concept here to a bunch of, to the other independents. I haven't yet had a chance to talk with Ms. Mollis, but which would, if we wanted to include the General Assembly in this. This seems to me fairly basic though, and I know every independent entity is extremely sensitive about anything that feels like it impinges on their independence and authority. And I just want to reiterate again, what I am thinking about here is not intended to do that. It is intended to allow them to ask for whatever they want, but to at least make sure that our base budget figures match between the governor's office and all of the independent entities. And that requires better communication than we have had so far. So that's where I would like to go with this. Senator Mobley.

Senator Kirkmeyersenator

So we talked, and I have had outreach from some of the independent agencies, and they really don't want to do this. And I think it's a separation of powers issue, And I also think it's that they feel like they're already doing a good job of communicating, but that the executive branch isn't necessarily using the numbers that they give them. And I don think that they thought that the timelines were workable for them given when they get access to whatever information it is they need And so I be hard to put my name on a bill that would do something that they have multiple lines of opposition to.

Senator Mobleysenator

The judicial branch is opposed to this, or who is opposed to this?

Senator Kirkmeyersenator

Some of the independent agencies.

Senator Mobleysenator

I'm missing what they're opposed to.

Senator Kirkmeyersenator

They don't want to have to coordinate with the governor's office over their budget requests.

Senator Mobleysenator

I think they, I didn't read that, Ms. Bickle.

Ms. Bickleother

I mean, what this would do is it would say you at least need to coordinate about your base budget So the governor's office knows what your base budget is, and also so you know exactly what the governor's office is asking for for common policies that would apply to you. And I know that agencies say, yes, we have good communication, but obviously we're, even though I, there's no bad will here at all. It's just somehow this communication has not been working that well. I know that, and there's issues about the format. And I will say the initial draft I distributed said, you know, you should submit something based on kind of deadlines and formats provided by the governor's office. At this point, I'm totally backing off that. My suggestion is that you can have the format negotiated between the governor's office and the agencies. and either you have deadlines negotiated between the governor's office and the agencies or you just put in statute that they're going to provide base budget information by early September. So then the governor's office has no control over that. And you're just going to take steps to try and ensure a better flow of information between all the parties so you have less discrepancy between what's coming to you from different sources. And I'm totally open to any other suggestions.

Senator Mobleysenator

If you will authorize a bill draft, possibly we can get to something that more people can live with. I do understand this great anxiety about governor's office impinging, but base budget should be base budget. Director Harper.

Senator Kirkmeyersenator

Thank you, Madam Chair. Craig Harper, JBC staff. The one thing that I would note kind of in response to the independence concern is, as Ms. Bickle has reiterated, it wouldn't be any showing to the hand of what they were going to request. I think the source of frustration this year was we've had particularly big disconnects every year since I've been director. I don't know about before that between the governor's assumption and the judicial request. Prior to this year, I think it was really decision item based, which would go to the independence concern that if what's driving that big disconnect is the governor is assuming a 5% increase. but the agencies are asking for what would amount to a 10% increase through decision items. I think that's the separation of powers issue. The reason that this one was particularly frustrating is that the big change was entirely publicly available information. In fact it was the fiscal note for the judge bill that the level of information that that the piece that was missed is the governor office didn annualize the judges bill So we not asked I don think the request is to ask for preliminary sharing of anything that at the truly at the discretion of the agency Now, granted, I suppose judicial could have come in and said, please don't annualize the judges bill. Obviously, they went the opposite way and put an annualization as R1 to your previous discussion, so that is not where they came out. But the issue that Ms. Bickle is pointing to is really the information is already public. If it was legislation, then it's the fiscal note. That's how we annualize bills, and because that's what you all are basing your decisions on. if it's a decision item, then it would be the annualization in the figure setting packet or wherever it's reflected. So it should be publicly available. The frustration this year was really based on this information. Again, in prior years, it's been a different animal that I don't think we could have addressed without judicial telling the governor's office, hey, we're actually requesting double what you're expecting. And that's not what Ms. Pickle is proposing. Senator Mobley. So I understand that, and I guess if it's publicly available, can we run a bill that just says the executive branch has to do a better job of figuring out what's out there and what they should be putting in the request? Because that's where the thing fell down. And so if that's the problem, then let's fix that problem. I feel like we just stirred up a little bit of a hornet's nest on this other with this bill idea that feels like if it's already all out there, then why would we need to do it? Except for that somehow the governor's office doesn't seem to be able to get it into their budget.

Senator Mobleysenator

Ms. Bickle?

Ms. Bickleother

I mean, I would just say my impression is that there's, while everybody says they work well together, there's clearly been some miscommunication in both directions and coming from different people. I would also note that in terms of the scale of the requests coming from the other agencies, if you look on page 31, it already says in law that all these separate entities are supposed to use the state agency budget submissions as guidelines for the submission of their budget to the JBC. So there is something in law already that they should be trying to sort of align to some extent with what's happening in the other agencies. It's not like there's no comment about that. In any case, it's entirely up to you if you want to do this, but I really was trying to begin, make some inroads on a problem that seems frustrating to the committee as well as to staff.

Representative Taggartassemblymember

Rob Taggart. Thank you, Madam Chair, and thank you, Ms. Bickle. I was just running a calculation, and if we go back to your concept of base, and not taking into account whatsoever, well, that's not totally true. If I just look at the common policy situation and add the $4.9 million that has to do with the judges, that a 7 increase And the governor unless I have forgotten since November 1st said all other agencies would be 1 if I recall It was a relatively low number. And so I agree with you. I don't think we should be asking the departments to put their requests out there. They have every right to present those the way that they're presenting those. But the common policies and prior year is part of the base, and it needs to be in this because he gets up there and tells the world that he has a balanced budget, and we sit here knowing full well he doesn't. And it's just really odd. Senator Kirkmeyer.

Senator Mobleysenator

So have we ever done it where the judicial branch comes in the same time the governor comes in and presents their budget request to us?

Senator Kirkmeyersenator

I mean, they're a separate branch. And you want to know what else would be great is if the legislative branch had to do the same thing. Sorry for those of you. But I mean, why not? It's three separate branches. I get it. You know, in the county, we had to hear from everybody. We'd get their stuff. We'd put it together. You know, and everybody played well together and respected each other. Apparently that's not happening here. So why don't we just request everybody give us their budget on request by November 1st, just like the governor, that it has to be balanced, and that they've got to present to us on the same day the governor does. And then we have them all right at the same time. I don't know if we can make the legislative branch do that, but it would be great.

Senator Mobleysenator

Ms. Bickle.

Ms. Bickleother

I mean, so, Madam Chair, everybody does submit their budget requests on November 1st. We don't, you don't invite them in. Does the legislative branch? That Director Harper can talk to, but all the other electeds and the judicial branch all do submit on November 1st. It's just you end up with these gaps between them, and I'm just trying to figure out, can you get them a little closer? But the judicial presentation is sometime after the governor's presentation. So let's just both do it on the same day, and then we'll have all the information, and we'll reconcile it and be the adults in the room. That's my thought.

Senator Mobleysenator

The challenge for us, and maybe I wasn't following, is that what happens is, well, I don't know. Because as Ms. Bickle said, everyone says they get along, but clearly there is a disconnect here. Because what ends up happening is the governor presents a budget, and it doesn't recognize costs that should be part of that calculation, which means that it's on us to try and rectify a difference that, in my opinion, should be built in from the start. And it just makes everything harder. So I am open to this, but it doesn't sound like we have unanimity here about doing that.

Senator Kirkmeyersenator

Senator Amable. So what we talked about was, you know, we can go to drafting, but I'm not going to support the bill if it doesn't make the independent agencies comfortable. Just to put that on the table.

Senator Mobleysenator

Okay. Well, Rep Taggart.

Representative Taggartassemblymember

Could I just ask a question, Madam Chair? do you think the independent agencies would be okay with the base numbers and not talking about any other requests, but just, you know, the common policies in prior year are already public numbers. Do you think they would object to that? Senator Bobbley?

Senator Mobleysenator

I think their objections were multifaceted, and I don't want to speak for them. I just,

Senator Kirkmeyersenator

you know, was asked if I could bring their concerns to the table. And so if we want to draft a bill and Ms. Bickle can work with the independent agencies and if everybody gets to a good place then I would be happy to support it, but if not I wouldn't. So and that's how what we had discussed too, so. All right. Well let's move to draft then if the rest of the group is fine with THAT AND TRY TO WORK THIS OUT BECAUSE I THINK THIS IS VERY

Senator Mobleysenator

REASONABLE. AND WE'VE HAD THESE DISCUSSIONS ABOUT HOW IT SHOULD BE KNOWABLE AT THE POINT IN TIME THAT THEY HAVE TO MAKE THIS SUBMISSION. YES, AND MADAM CHAIR, I WOULD JUST NOTE, I MEAN, THERE'S SOME VERY STRANGE THINGS THAT HAPPEN WHERE THE AGENCIES FEEL THAT THEY HAVE SUBMITTED ALL OF THE INFORMATION AND THEN IT'S STILL NOT CLEAR TO ME IF THE GOVERNOR'S OFFICE isn't able to access it because it's in a separate piece of the system that they're not supposed to access or they've chosen not to access it. There's sort of repeated things like that, and that's why even though it seems like this should not be that challenging, it has been. So if you're willing to go to draft, we'll see if there's some version of this that people can live with because this seems to me very commonsensical to just make sure that everybody is clear on what the base is by a date certain, and that there's communication. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move to go to draft on staff initiated, reduced discrepancy between judicial request legislation. Are there any objections?

Senator Mobleysenator

That passes on a vote of 5-0 with Brown excused. Okay. So now we're moving to page 31, which is annualization correction to a request from last year, which was the probation officers. You provided an increase. It was described as addressing the Aurora domestic violence changes in the Aurora municipal courts, that they were no longer going to prosecute domestic violence offenses and that that was going to shift costs to you and to the state. It was hard to say that that was inappropriate because almost no other judicial districts were doing that, prosecuting domestic violence in their local courts. So you added staff, but I went back and I checked, carefully checked all the records, and I think the department had misunderstood what your action was, or at least the second year impact of your decision. So I'm recommending correcting that. You added, as I understood it, 8.8 FTE who were kind of staggered over the course of the year. AND SO THAT DOES NEED TO BE ANNUALIZED, BUT YOUR ACTION LAST YEAR DID NOT INCLUDE ADDING ADDITIONAL STAFF IN 26-27. SO I NOT INCLUDED THAT IN THE FIGURES HERE I DID ALSO WANT TO NOTE BECAUSE IT WAS A LITTLE TROUBLING THAT ALTHOUGH THE REQUEST WAS ABOUT AURORA DOMESTIC VIOLENCE I did also want to note because it was a little troubling that although the request was about Aurora domestic violence in the end because they felt so short across the system probation actually just put those additional staff through its model and so those staff were actually distributed throughout the state I just needed to point that out to you since that was not the rationale presented for your action. You didn't even put into Aurora.

Senator Kirkmeyersenator

You put throughout the state. Madam Chair, may I ask a question?

Senator Mobleysenator

Yes. Senator Kirkhweir.

Senator Kirkmeyersenator

I just want to make sure I heard that correctly. They got an additional staff, and we had said whatever that was, And then we had said we were going to do another 12.2 kind of maybe, or wait, and 12.2, 12.5 staff. That's what they got. And they got it. And instead of putting it in Aurora where they said the impact was, they put it throughout the state. Is that what you said?

Ms. Bickleother

Ms. Bickle. So, Senator Krookmeyer, in the end, what they got was 8.8 FTE. They thought they were getting more, but in fact, what you gave them was 8.8 FTE based on staff added in 2526. But yes, it is true. They ended up using those, putting them through their probation model, and therefore they did put staff in some other districts as well. Senator Kirkmeyer.

Senator Kirkmeyersenator

Thank you, Madam Chair. Do we know how many actually staff were put into Aurora or into Arapahoe County?

Ms. Bickleother

Ms. Bickle. I would have to look. One or two. One or two? I mean, I do not know exactly, and I will have to ask them, so I don't know. So off the top of my head, I did know.

Senator Kirkmeyersenator

I appreciate the information. I don't know why we'd give them any more FTE.

Ms. Bickleother

So your recommendation is to add an additional 5.6, or am I missing something, or to reduce down to 5.6? My recommendation is the second year impact of what you did last year, right? They had expected you would be adding more staff this year, and I said, no, that wasn't what your action was. but they have presumably hired these staff already in 2526. There's 8.8 FTE that were added in 42526, so this is the second year impact, and my figures are a correction to their number. So it is more money, but it is quite a bit less than they had requested.

Senator Kirkmeyersenator

And if we don't annualize?

Senator Mobleysenator

I don't know how they would handle that. I MEAN, MY ASSUMPTION IS THAT THEY HAVE IN FACT ADDED THESE NEW STAFF. AND TO BE FAIR TO THEM, I ACTUALLY THINK PROBATION IS UNDER STRESS AND THEY DO NEED ADDITIONAL STAFF BASED ON THEIR STAFFING MODELS. MS. YES, SENATOR COUTWARE.

Senator Kirkmeyersenator

TO BE FAIR TO THE WHOLE BUDGETING PROCESS, YOU TELL US YOU NEED IT AND WE GIVE IT TO YOU BECAUSE YOU'RE TELLING US IT'S WHAT YOU NEED FOR THE INCREASE FROM THE AURORA MINISTABLE DOMESTIC VIOLENCE CASE STUFF THAT'S GOING ON. AND INSTEAD OF TELLING US THAT YOU REALLY ONLY NEEDED MAYBE TWO, LET'S JUST EVEN GIVE THE BENEFIT OF THE DOUBT THREE, YOU WENT AHEAD AND HIRED 8.8 AND PUT THEM OTHER PLACES IN THE STATE. I THINK THAT'S REALLY DISINGENUOUS PERSONALLY AND IT REALLY KIND OF TICKS ME OFF. SO I'M NOT GOING TO GIVE THEM THE BENEFIT OF THE DOUBT. IF THEY NEED IT, STAFF IN OTHER PLACES, WHICH THEY'VE COME IN SEVERAL TIMES AND WE'VE ADDRESSED THINGS. SO I THINK DOING IT BEHIND THE SCENES KIND OF THING JUST REALLY TICKS ME OFF So I looking for where do I cut five staff basically someplace or the funding for it I certainly don want to annualize it and reward them for that type of behavior That how I feel

Senator Mobleysenator

Thank you, Madam Chair.

Senator Kirkmeyersenator

Move to reject department request. Oh, no, it's a staff initiated. Well, what is it actually?

Ms. Bickleother

It's a correction to their annualization. What I would recommend, if you would like to, in effect, make them come back, say that your motion is no annualization for this additional staff last year, and either nothing will get added or they'll come back and have a further conversation with you about it, which I think would be really appropriate just to, I was not, I brought this to your attention because it disturbed me as well. But I can understand both sides of this, so I think it would be good if they would come in and talk to you.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move no annualization to FY2526 R3 probation officers.

Senator Mobleysenator

Is there any objections? That passes on a vote of 5 to 0 with Brown excused. So now we are moving to page 33. So I'm proposing some work for at least one of you, if you would like, and potentially myself. If during one of the frustrations with this assignment, one of the challenges is that you, bills pass, courts respond to them, then they come in with a staffing model that says we don't have enough judges to cover to deal with the cases that have come. And so I've been asking the department, you know, since the summer sort of, are there things that we could do that would be good government and that would reduce caseload potentially? And one of the things that bubbled up pretty dramatically, I thought, was eviction law, because there's been a lot of change to eviction law lately, and apparently it is mechanically in two separate pieces of statute which create a nightmare for everybody, Plaintiffs, defendants, and judges, because everybody's having difficulty interpreting what the law actually is. And it's driving a lot of time and workload. And I had suggested to you during briefings that you might want to talk to your colleagues. Thus far, there does not appear to be anybody sponsoring a bill in this arena. I think it's a highly technical bill to put these two different pieces of statute together. AND I WONDERED IF ANY OF YOU WOULD BE WILLING TO SPONSOR A BILL ON THIS TOPIC THAT WE COULD WORK ON OVER THE SUMMER. I APPRECIATE YOU BRINGING THIS UP. I SHARED YOUR BRIEFING WITH SOME COLLEAGUES ACROSS THE STREET. I WOULD SAY IT IS ACTUALLY FAR BEYOND HIGHLY TECHNICAL. AND THAT THIS WOULD BE FAIRLY SIGNIFICANT STAKEHOLDING THAT WOULD BE REQUIRED TO ENGAGE I, you know, I'm not here to stop anybody from trying to run legislation,

Representative Taggartassemblymember

but just sort of all the folks that would be involved here with the courts and the landlord lobby. And it's quite a lot, actually, I think. Ms. Bickle?

Ms. Bickleother

Madam Chair, I totally agree, which is why I was really hoping somebody else would pick this up. But I was kind of hoping that maybe you could at least get a draft done over the summer and hand it off to somebody else if nobody on the committee was really interested in it to deal with that stakeholding But at least you could start the initial process of what does it look like when we push two pieces of statute together and sort of get the ball rolling on it.

Representative Taggartassemblymember

I agree. I don't think it's really appropriate as a committee bill because there is inevitably going to be a lot of stakeholding and political issues, AND THAT IS GENERALLY OUTSIDE THE SCOPE OF THIS COMMITTEE.

Senator Mobleysenator

OH, I'M JUST WONDERING IF THERE ARE ANY TAKERS, NOT I. I HAD MY FINGER ON MY NOSE FROM THE BEGINNING. OKAY. WELL, MS. BICKELE, APPRECIATE THE OFFER. I SEE NO TAKERS TODAY, BUT I WILL BRING IT UP TO MY COLLEAGUES ACROSS THE STREET AGAIN THAT THE SUGGESTION HAS BEEN MADE AGAIN, IF ANYBODY IS INTERESTED IN TAKING IT.

Ms. Bickleother

And that there's a willing part? What for you guys? I don't know.

Senator Mobleysenator

Okay.

Ms. Bickleother

I work for all members, but it's easier for me to participate if it's a JPC bill. I have no special expertise in this area. This was mostly to get legal services engaged expeditiously.

Senator Mobleysenator

Okay. Okay, next item, page 34. Oh, wait, Rep Taggart.

Representative Taggartassemblymember

Sorry. Thank you, Madam Chair. This was one of the concerns, obviously, that was expressed by not what the end effect, But the worry from my caucus was that with all of the landlord bills, that something like this could happen because they came about very, very quickly over these last two or three years.

Senator Mobleysenator

Are we on the last one? Is he volunteering?

Representative Taggartassemblymember

Well, no, don't put me there. Thank you.

Senator Mobleysenator

I'm not putting you there.

Representative Taggartassemblymember

I don't think it would surprise that somebody with an R behind their name might get involved in this. But I would only get involved if one of the major attorneys on the D side would work with me on it. Because I don't want it to come across that I'm trying to kill past legislation. rather that we're trying to blend them together so we don't drive the court system completely crazy. So I throw that out there. If you're talking with your folks, if there is somebody that's willing to work with me, I would do that. But if they're not, I don't want to be out there on an island because I'll get accused of trying to change the legislation, and that would not be my motivation.

Senator Mobleysenator

Well, how about this? When we find ourselves back across the street, we can chat with some of our colleagues together and you can get a sense of where they're at on this. I know you've got enough to do, so I have a little bit more detail. I think if we just showed them this, that Ms. Bickle has already presented that will give you enough of a, I shared the briefing that Ms. Bickle did with folks. So I mean, I think they were familiar and had thoughts.

Representative Taggartassemblymember

Thank you.

Senator Mobleysenator

So moving on to the RFI on competency data. You know, this is, sorry. It's an RFI. That's all this is. This is, as you know, a tremendously difficult, complex area that you and everybody else has been working on for quite a while. You've got a data hub thing going on with competency data as well. Well, bottom line is I have been in the court system has been helpful in giving me whatever data they could about from their data systems about things like what are the sources of the different offenses that are ending up putting people into incompetent to proceed proceedings. And if you go to page 36 and particularly page 37, and you note that CR is a criminal case, JD is juvenile, M is a misdemeanor, and T is traffic court, this sort of shows, like particularly on page 37, what are the unique cases with incompetent to proceed filings. And, you know, there is a significant chunk of those that are misdemeanors and even some traffic offenses. And you've got an enormous problem with the clog of people on the competency waiting list. And all I'm, the department has been cooperative in trying to work with me just to bring you more data and to bring more data generally to this question so we can start to address it. And so all this request is, is it's digging in a little more on some data they gave me that they think they can pull out of their systems but they think will take some time. The one change to this request would be that right now it says, do the data show the impact of the competency diversion programs yet? and the department says they really won't be ready for that in the fall. They just won't have the data for that purpose. So I would strike that one sentence, but I think otherwise this is something the department is willing to work on that I think will contribute to the ongoing discussions in this area. I'm sorry, it's late. You good with this? Senator Mobley?

Senator Kirkmeyersenator

Yes, I'm great with this. But I do also want to make sure that we're pulling in the data from the hospitals. Because, and I know that's in there, but I just want to plus that up. Because what we're not seeing is somebody who's cycling five times through a hospital stays and then ends up in the criminal justice system and then ends up back in the hospital system and then back in the criminal justice system. And so this thing that we all refer to as the churn is hard to, I don't think that the Judicial Department is coordinating, and I think it hard to do And so I love to have information on this and with HICPF too because I think that HICPF actually has a lot of the data that we need and they been reluctant to share that, but almost everybody who's on the competency wait list when they're not in jail is on Medicaid, so a lot of that data does live with HICPF.

Ms. Bickleother

MS. BICCLE. MS. So there's multiple different things going on, which includes in particular this project I think you might talk about in Mr. Thompson's presentation, where the DU Evaluation Action Lab is a data hub project to try and pull data from multiple sources. The courts are going to end up being part of that. Their data systems are so old, though. Mostly what they're going to have is static data. So I've been in contact with both parties, and this is particularly directed to the court system, but it will hopefully ultimately move into that work that's being done with the action lab, which is where the HICPA or whatever data would be collected.

Vice Chair Bridgesassemblymember

All right. Vice Chair Bridges. Thank you, Madam Chair. I move staff-initiated RFI and competency data.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5-0 with Brown excused.

Ms. Bickleother

Madam Chair, it's past noon.

Senator Mobleysenator

What would you like to do? I was thinking if everybody is okay, we'll go maybe another 20 minutes, then we'll take an hour of a break, and then we'll come back. Is that all right?

Senator Kirkmeyersenator

Yep.

Senator Mobleysenator

Okay. Okay. 20 more minutes. Okay. So page 37 is departmental indirect cost adjustments. And I think this is an area that's going to continue to need ongoing work. At this point what I've recommended is the department's request for indirect cost adjustments, which drive more general fund, but I have offset that at least in part with money in the indirect cost excess recovery fund. So you still are going to have about a $400,000 increase based on their analysis that they'll be collecting less indirect costs, but I've done what I could to offset that.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you. Madam Chair, I move staff rec departmental indirect cost adjustments.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5 to 0. With Brown excused. So now we're through all of the ones that dealt with multiple divisions, and we're finally at the first division, which is the Supreme Court and Court of Appeals on page 39. Let's see how far we can get. Okay. There's a couple of relatively minor ones here. There's R18 is a true up of law library reappropriated funds. These are monies that come from the Department of Law. They're willing to pay. It's like a $33,000 increase. All right.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move Staff Rec R18.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5-0 with Brown excused. R20, Office of Attorney Regulation Council pass-through. This is continuously appropriated funds, and the attempt is to make the amount more accurate.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move Staff Rec R20.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5-0 with Brown excused.

Vice Chair Bridgesassemblymember

Vice Chair Bridges I move base appropriation and light item of detail for Supreme Court and Court of Appeals unless there anything you want to draw our attention to Great All right Are there any objections

Senator Mobleysenator

That passes on a vote of 5 to 0 with Brown excused. All right. So now we're jumping to Division 2, which is the State Court's administration, where there's a lot of other decision items as well, but some larger than others. So R4 is on page 45. AND SO THIS IS FOR, THEY WERE ASKING FOR FTE, THREE FTE FOR JUDICIAL RISK MANAGEMENT, ONE FOR TO INCREASE STATE'S PROBATE COURT CAPACITY. MY RECOMMENDATION IS AGAINST THOSE, GIVEN STATE BUDGET CONSTRAINTS. AND, YOU KNOW, ONE THING I'LL JUST NOTE ABOUT THIS, THIS IS STATE COURT'S ADMINISTRATOR'S OFFICE IS HUGE AND IT'S GROWN A LOT. SO IF YOU GO TO PAGE 47, You can see since 2019, there's actually been a 43% increase in FTE in the main kind of general administration line item. Now, the dollars have not gone up as much, but that's still a pretty impressive increase. And I've also included on pages 47, 48, 49, more information about all these different divisions and sections in the state court administrator's office. The vast majority of those are in a single line item, though some are also in a separate line item. So you've got general oversight. You've got court services, human resources, 45 staff, financial services, 71 staff. Okay. Anyway, there's a lot.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec R4.

Senator Mobleysenator

Thank you. Are there any objections? That passes on a vote of 5-0 with Brown excuse.

Vice Chair Bridgesassemblymember

Madam Chair. Yes, Vice Chair Bridges. I think the summary you have here is that normally this is fine, but they've got 350 FTE and like this is a tough year. And some reversions.

Senator Mobleysenator

And vacancies.

Vice Chair Bridgesassemblymember

And vacancies, yep.

Senator Mobleysenator

One of the interesting things about this department is it actually sticks to your FTE requirements, even though the courts are what has said that FTE are actually not something that you appropriate, but they actually stick to it. So, but they can still, even if they were sticking to it, if there's a vacancy, they could choose to reassign a position. And if this is the most important thing they're working on right now, move, change of position. Okay. Okay. R6 is ITS infrastructure. The R5. I'm sorry, did I just miss it? Yes, I did. Well, except for there's not really an R5 request. It was like an info-only request saying that they would be, you know, for 20% of their staff, looking at this process by determining how they compare to market rates. And, you know, I've just noted, please remember our budget. Like, maybe we're not going to be able to get to market rates. R6, ITS.

Representative Taggartassemblymember

Wait, Rep Taggart. Thank you, Madam Chair. I'm just curious how they got to this 80-20 situation. I'm used to seeing it broken down and equal. Maybe it's a third, a third, a third. Maybe it's 50-50. It doesn't normally go over a three-year period, but 80-20 just seems like it leaves that 20% in a very odd position, or whatever it's worth.

Senator Mobleysenator

I mean I don know exactly why that happened but obviously there were a lot of there was many changes throughout state government to staff salaries for 24 and I think they just scooped a lot of their staff into that process but couldn maybe complete it for the final 20 but that is really a guess Okay. R6 ITS infrastructure, this is a major increase in IT expenses. It is something that you have now gotten a letter from the JTC saying, yes, they support this. It addresses inflation. It includes putting audiovisual on an actual life cycle plan in the courtroom, so they're replaced every nine years. It includes lots of license costs for collaboration platform, data center, hardware refresh, which would be a more temporary increase, but their hardware is outdated as well, and increased costs, platform costs for managing cybersecurity threats. So the table that begins on page 52 shows you both their base expenses and what are the components of the increase and how much money those are. The one item that I'll just note, they do, for the data center refresh, they say it's multi-year spending authority and it was a little unclear to me. Are they looking for a roll forward footnote? If they are, I'll come back to you with clarification on that one.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. If JTC delayed the vote, do we think we should wait for it?

Senator Mobleysenator

They've now, that was one of the handout I gave you, actually. They finally voted, I don't know, yesterday maybe to approve this. When this went to print, they hadn't taken the vote.

Vice Chair Bridgesassemblymember

Yeah, great. Then I move staff recommendation R6 ITS infrastructure.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5 to 0 with Brown excuse. R7 is the statewide judicial security plan. This is really the action that you took during supplementals where you even moved this up a little bit early. You added a cash-funded term-limited position to assist the Chief Justice with working with counties and other parties to really address county security needs. So there's a second-year impact of that,

Vice Chair Bridgesassemblymember

and I'm recommending that. Vice Chair Bridges. Thank you, Madam Chair. I move Staff Rec R7 statewide judicial security plan, which is to keep it cash funded, not to move it to general fund.

Senator Mobleysenator

Great. Are there any objections? That passes on a vote of 5 to 0 with Brown excused. R8, the car center operations and controlled maintenance. A department did a lot of good work figuring out who's paying how much for this. You know, there's about $28 million a year that goes into paying for the COPs for the judicial center plus the ongoing maintenance and operations. And there was work last year to spread that more accurately to different parties. There's additional true up this year. And the department is also taking some money out of the Justice Center maintenance fund. There's some reserve there. The bottom line, once you're done on net, is you get savings across multiple agencies of 1.6 million general fund. That's in part because of who's occupying the building and changes to that because we have the Department of Law moving in while you have the Office of the Public Defender moving out of the building. I think Mr. Thompson will be talking to you perhaps more about that, but bottom line is I recommend AND THE UPDATED FIGURES THEY'VE PROVIDED. AND THOSE GRANT TOTALS ARE SHOWN ON PAGE 57. SO YOU HAVE THIS YEAR A SAVINGS OF 1.6 MILLION GENERAL FUND ACROSS ALL AGENCIES. THE FOLLOWING YEAR IT FALLS TO A SAVINGS OF ABOUT 1.2 MILLION. BUT I THINK THEY'VE DONE THE NECESSARY WORK TO FIGURE OUT THE COSTS. NEW SPEAKERS. NEW SPEAKERS. That passes on a vote of 5-0 with Brown excuse. Okay. Yes, we are now to your favor. Oh, there's the chairs. I think I'm ready to roll. Madam Chair? Well, does any... I'm ready to roll. Madam Chair? Well, does any... Ms. Bickle, the quick and dirty.

Ms. Bickleother

You know, bottom line, I followed your lead on supplementals, and so I'm just recommending the IT equipment, and I'm further recommending that you fund it with the IT cash fund if it's all going to be IT. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move Staff Rec R9 slash BA1. Are there any objections?

Senator Mobleysenator

That passes on a vote of 5 to 0 with Brown excused. Our 10, page 64, just making sure I'm getting through it all, this is an incredibly minor technical correction to a bill that you passed last year for the department, but I talked to the reviser of statutes and I said it's not quite technical enough for them to take on and it is it looks like a change that actually needs to happen so I'm recommending you sponsor this legislation they've requested that makes a very small change to a bill you passed last year.

Vice Chair Bridgesassemblymember

Thank you Madam Chair I move our attend staff rec. Are there any objections? I don't want another bill next year to fix something else that we miss in this bill.

Senator Mobleysenator

Alright that passes on a vote of five to zero with Brown excused. I loathe the bills that are corrections for previous bills. R12, language interpreting and translation services. This is, you know, something that is required in various pieces of law. A lot of it is following federal law. The department request was for $2 million for and growing over multiple years. The staff recommendation for is just under $1.5 million based on somewhat more constrained forecast and also a lot of uncertainty about out years. So I think you just increase the base now and you'll revisit it next year.

Senator Kirkmeyersenator

Senator Kirkmar. Yes, thank you, Madam Chair. I noticed they didn increase FTE here which is good news But is there a way we could just increase only by a million dollars instead of even 1 I don know where the 2 million came from

Senator Mobleysenator

So, you know, you can choose what number you want, and maybe they would need to transfer money into this line item. I'm not sure how they'd handle it if they didn't have enough money for this function, which, what this line item does, it does include staff and it includes a lot of contract interpreters and that money and most of those staff are located out at the judicial districts and are addressing translation demands. And so they're following, you know, they're trying to follow law to ensure that translation services are always available when needed for different kinds of court services, which is indeed law. and so you could choose a lower number and it might be that they would come back with a supplemental, you know, once they know more. But it seems like the midyear data is terrible, I'm just going to say, because I tried to make an adjustment based on the midyear. So this was my best estimate of what the figure should be.

Senator Kirkmeyersenator

Well, I mean, I understand there probably needs to be some kind of increase, but how come their cash fund didn't increase?

Senator Mobleysenator

So I'm looking at page A11.

Senator Kirkmeyersenator

So that's why I was asking if maybe they could put more cash fund in. Because their cash fund is only at like $135,000 and they didn't increase it. So I don't know where that's coming from.

Senator Mobleysenator

So Senator Kirkmeyer, this ties in. The cash fund is still that judicial stabilization cash fund, which is the one we were discussing earlier that has interesting challenges to it. THEY'VE ALREADY PROPOSED AND YOU'VE ACTED ON A 1.5 MILLION EXCHANGE BETWEEN CASH FUND AND GENERAL FUND, WHICH IS BASED ON WHAT WE CAN TELL SORT OF WHAT'S VIABLE IN THIS SPACE. I DON'T PERSONALLY I DON'T THINK IT WOULD MAKE A LOT OF DIFFERENCE YOU COULD CALL IT CASH FUND, BUT THEN WE'RE STILL GOING TO BE IN THIS PROBLEM WE HAVE WITH OUR CASH FUNDS.

Senator Kirkmeyersenator

MADAM CHAIR, COULD WE JUST GO WITH THE MILLION AND THEY CAN ALWAYS DO A COMEBACK AND TELL US WHY THAT DOESN'T WORK.

Senator Mobleysenator

THAT'S FINE. OK, GREAT.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGETS. Thank you, Madam Chair. I move a million and come back if they need it for R15. 12.

Senator Mobleysenator

Oh, that's right, R12. I'm sorry. I flipped the page again. Are there any... For the translation services. Are there any objections? That passes on a vote of 5 to 0 with Brown excused. Okay. So now R16, the... What page are you on R15? I'm sorry. R15 is on 70. I'm trying to move too quickly. No, you're right. I just want to know. Sorry. You're not in order sometimes. That's right. So page 70. Thank you for catching me. Yes, page 70. There was a request from the department to increase the family violence prevention grants by $150,000 based on reserves that had built up in the cash fund that, in this case, is specific to that program. And my recommendation, and to spend that over several years, my recommendation instead is to do a general fund offset for that $150,000. So that would keep total program funding exactly where it is, but you would save some general fund for at least a few years.

Senator Kirkmeyersenator

May I ask a quick question? Thank you. So why can't this be funded out of the Prop KK dollars? Family violence justice grants. Wouldn't that make sense?

Ms. Bickleother

Ms. Pickle? I don't know. I don't know enough to be able to answer that question. I have raised an option at the end of this packet about like do you maybe want to turn this whole thing into a spa But failing that I can see where Prop KK dollars would fit in I truly don know enough

Senator Mobleysenator

Could we approve the reduction right now and then see about Prop KK?

Senator Kirkmeyersenator

Maybe talk a little more later about it? Well, I'm happy to hear more about it.

Senator Mobleysenator

Thank you, Madam Chair.

Vice Chair Bridgesassemblymember

I think any conversations about Prop KK funding are extremely delicate and need to involve folks across the street. But I would say for R15, I move staff right.

Senator Mobleysenator

Okay. And then can we get a list of what's coming out of Prop KK and how the waterfall effect works? Well, there's no waterfall because they're short. So it's only going to the victim services piece, and it's not even the full 30 that it was supposed to get. And there's nothing in there about prevention. Yeah. Something I asked about. But so these are family violence justice grants. So. Okay.

Senator Kirkmeyersenator

We can move on, but could you also tell me when these grants started? I mean, you don't have to do that.

Ms. Bickleother

Yeah. I mean, how these grants started. I mean. When did they start? They started in 1999. And what the program does is it provides civil legal services to indigent residents who are victims of family violence. And the money is, most of it is being done by Colorado Legal Services, which provides legal services in almost every county. So the money gets spread around the state. Then it gets, the department gets billed based on actual services provided. So I would say, just having dealt with the Department of Ed before, it's kind of nice that it's actually really all over the state. Okay.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move staff rec R-16.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5-0 with Brown excused. If only more people would get divorced. This is R-15. That was R-15, yeah. Sorry, I may have said 16. I meant 15. Okay, R-15. We're turning on to, yeah. All right, good. The next item is R-16, though. That's on page 72. and this is the grants to the underfunded courthouses. You do about $3 million a year, get spent on them. You cut, but they've had a buildup of money in that fund, which is its own fund, and with projects that were expected to happen and then didn't happen, it looks like, excuse me, you could drop the general fund appropriation down by $500,000 AND STILL DO $3 MILLION A YEAR FOR THE NEXT SEVERAL YEARS BECAUSE OF THE MONEY THAT'S SITTING IN THE FUND. SO THAT'S MY RECOMMENDATION. AND IN ADDITION, THE DEPARTMENT HAD ASKED YOU FOR EXTRA SPENDING AUTHORITY BECAUSE OF ISSUES WITH GETTING MONEY OUT THE DOOR, AND I'M NOT RECOMMENDING THAT BECAUSE I THINK IT'S JUST GOING TO CONFUSE THE PICTURE THAT THERE'S ACTUALLY $3 MILLION PER YEAR IN GRANTS. BUT I AM RECOMMENDING INSTEAD A FOOTNOTE THAT WOULD ALLOW ROLL FORWARD FOR THESE PROJECTS, JUST LIKE YOU DO FOR ALL KINDS OF LIKE BEST GRANTS AND OTHER THINGS THAT ARE CAPITAL TYPE PROJECTS, WHICH THESE ARE. SO ON PAGE 73, I HAVE A FOOTNOTE RECOMMENDATION THAT WOULD ALLOW FOR ROLL FORWARD FOR PROJECT GRANTS. AND I THINK THAT WILL SOLVE THE PROBLEM THAT THEY WERE TRYING TO SOLVE WITH EXTRA SPENDING. THANK YOU, MADAM CHAIR. NOW I MOVE R16 STAFFER ARE THERE ANY OBJECTIONS That passes on a vote of 5 which round excused BA technical corrections which I recommend they really pretty minor to more accurately reflect the spending authority That's page 74 and 75. Okay, Vice Chair, I move staff rec BA-3 technical corrections. Are there any objections? That passes on a vote of 5-0 with Brown excused. Then we've got one more technical correction, and we can stop whenever you want. That is the department's health-life dental request was built in a way that added a double count of a lot of money. And so I just want you to be aware that I've taken out the double count. It would be, no matter what, it will not require this extra 3.4 million to restore the 2526 HLD. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff initiated correct department HLD request. Are there any objections? That passes on a vote of five to zero with Brown excused.

Senator Mobleysenator

So now we have a staff initiated proposal to reduce profession, to eliminate paying for professional licenses. So this is a real thing. It's like a cut to staff, to benefits. I THINK FOR SOME STAFF. I THINK IF YOU WANT TO DO THIS, IT WOULD BE APPROPRIATE TO DO IT ACROSS OTHER AGENCIES AS WELL. THERE'S APPROPRIATION IN LAW. THERE'S APPROPRIATION IN THE PUBLIC DEFENDER'S OFFICE WHERE, IF YOU WANT. YOU KNOW, THIS WAS JUST LIKE LOOKING FOR CRUMS. WHAT'S A NO FOR NOW? DON'T WANT TO DO IT? OKAY. FOR NOW. WE'LL SEE. WELL, DO YOU NEED US TO TAKE ANY ACTION ON IT? I DON'T THINK. I THINK YOU CAN JUST SAY YOU'RE NOT TAKING ACTION. OKAY. GREAT. Line item detail? Okay. Yep. Anything to point out? No. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move line item detail and base appropriation for State Court's administration. All right. Are there any objections? That passes on a vote of 5 to 0 with Brown excused.

Senator Mobleysenator

Okay. So the joint budget committee will stand in recess until 1.30. What date are we on now after that? With that, you're jumping to Division 3, which is 101. 101, thank you. Yeah. You get to it. Move right along. Okay. Any way the way.

Senator Kirkmeyersenator

Are you going to this?

Senator Mobleysenator

Huh?

Senator Kirkmeyersenator

Are you going to this chairs meeting?

Senator Mobleysenator

No.

Senator Kirkmeyersenator

All right, I'm not going there. Miss, by the time I get there, it'll be. I mean, it's always painful. And like, it's never helpful. So are we going to talk about the fact that Robert? This is this afternoon. Do you have a bill up? Yeah, I'm probably, I don't like to vote for any of that crap, but I mean, we can't afford to give him any more increases. So I don't know where... Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. . . Thank you. Thank you.

Senator Mobleysenator

We are continuing figure setting for the Judicial Department. We're on page 101, Ms. Bickle?

Ms. Bickleother

Correct. So this is the trial courts division. A couple of decision items here. You've already addressed some of the larger ones at the front of the packet. ON PAGE 102 WE HAVE R13 COURT COSTS JURY APPOINTED COUNCIL AND REIMBURSEMENTS FOR VACATED DECISIONS AS I BELIEVE THAT SUPPOSED TO SAY THE DEPARTMENT WANTS AN INCREASE IN THIS LINE ITEM THAT IS FOR THIS WHOLE COLLECTION OF DIFFERENT COSTS THAT ARE MANDATED BY to say The department wants an increase in this line item that is for this whole collection of different costs that are mandated by state and federal law They have pointed out here that of the total, the biggest component is court-appointed counsel, and of that, a good chunk of it is getting driven right now by the required 5% increase in attorney rates. technically the judicial branch is not under that law that says you have to increase for a court appointed counsel by 5% but they the Chief Justice aligns with what's happening in all the other agencies which seems appropriate but I Mr. Thompson is going to be talking to you later about that whether you want to make a change to that required 5% a year increase, and if you do, then I would align with that in this budget as well. So you've got currently an $11 million base budget with that $10.7 million general fund. If you want, sort of there's more description of what these different components are on page 104. And in particular, there's a big table on, so on page 104, you've got information on all the different types of attorneys and non-attorneys that are engaged in the court appointed counsel. A lot of this is for, there's mental health counsel, There's all different types of counsel that are involved. It does not involve like criminal cases, so it's not court-appointed counsel for defendants in criminal cases, but they end up with actually there's a whole lot of civil cases where there is, so for example, probably for mental health issues where the court appoints counsel and so this line item pays for that related counsel costs. So like the big pieces, you've got indigent parties and a whole bunch of different kinds of civil cases. A lot of dependency and neglect cases involve some kind of representation in this area. Juvenile relinquishment, adoption, et cetera. So apparently, attorneys for all extreme risk protection orders get a court-appointed counsel also paid out of this line item. So, and this is not... Senator Motley's got a question.

Senator Kirkmeyersenator

Just to, does this include like ORPG and...

Ms. Bickleother

No.

Senator Kirkmeyersenator

So that's all separate too.

Ms. Bickleother

It does not.

Senator Kirkmeyersenator

That's totally separate.

Ms. Bickleother

Because those are all not...

Senator Kirkmeyersenator

Correct.

Ms. Bickleother

Those you're going to be discussing this afternoon.

Senator Kirkmeyersenator

But the same thing, right, that we're talking about,

Ms. Bickleother

which is that they're applying that increase that would be presumed in the other independent branches with those attorneys.

Senator Kirkmeyersenator

That's correct.

Ms. Bickleother

So, yeah, for that 5%. So this particular request has many different parts to it. So part of it, two-thirds maybe, is for counsel, costs of one kind or another. That's partly attorneys. It's partly other kinds of support people, investigators and so forth. And then you've got another piece that's a bunch of, just a collection of different required costs, which I've got a whole table showing. But since the majority of this is attorney costs the attorney costs the chief justice applies that increase to as well consistent with what the 5 increase consistent with the 23 to 27 requirement And that is the one that applies to all those other entities, too. So what's applying to the non-attorney? There's no legal requirement related to the non-attorneys. It's just linked to that 5% for the attorneys?

Senator Kirkmeyersenator

Correct.

Ms. Bickleother

Okay.

Senator Kirkmeyersenator

There's nothing in this that is not relative to the 5% assumption?

Ms. Bickleother

There is. So if you look at the table at, here, hang on, look at the table on page 102. So you'll see the components of this request, which is an increase of $1.3 million. You've got court-appointed counsel growth excluding the 5% attorney rate increase, but you combine those two things together, really, to see what's the whole amount that is court-appointed counsel. So that's upwards of $1 million. And then you have these other services which are not court-appointed counsel. So the grand total is $1.3 million, and about a million dollars of that is related to different kinds of counsel and of that counsel a piece, a big piece, is the growth of the attorney rate increase. So if you didn't do the attorney rate increase, you would still have court-appointed counsel growth of approximately $600,000 and growth in these other categories of about $300,000. I had several people who brought this one up to me and they wanted to make sure that we didn't sponsor legislation to change it and say absolutely no increase. But the thing is the hourly must be increased annually by no more than $5 each year.

Senator Kirkmeyersenator

Yeah.

Ms. Bickleother

Until we reach a certain thing.

Senator Kirkmeyersenator

Correct.

Ms. Bickleother

But it doesn't mean we have to increase even at all. So I'm going to defer questions on this one to Mr. Thompson because he said he was going to be talking to you about that potential law change. I was just going to align with whatever you decided with respect to the change in that law change if you want to do a law change.

Senator Kirkmeyersenator

I'm just trying to understand what is driving the other increases here

Ms. Bickleother

that is separate from the linkage to the $5 per hour.

Senator Kirkmeyersenator

Is it case growth or it's case growth?

Ms. Bickleother

Yeah, it's utilization is my understanding.

Senator Kirkmeyersenator

Right, there's bills that are coming in from the court saying

Ms. Bickleother

the court has appointed counsel for various kinds of counsel

Senator Kirkmeyersenator

for indigents and civil cases or if we jump to,

Ms. Bickleother

And then, like, if you go to, so page 104 shows some of the different kinds of counsel. 2.5 million is mental health counsel. 1.4 million is other counsel. So you've got all these different kinds of counsel that is 6.8 million. And then on top of that, if you go to page 105, you have these other types of costs. So some of those are, like, jury costs. I don't know, lunch for juries or other costs related to juries. sometimes it expert witnesses in certain kinds of competency provisions So it these I think most of this used to be called quote unquote mandated costs but it a bunch of different items Okay.

Representative Taggartassemblymember

Ruth Haggart. Thank you, Madam Chair. I get a little bit confused, and I realize the $5 per hour and the 5% are more or less equal right now. But it is $5. It was that was it is $5. Okay. Okay. Yeah. That's my that was just a typo. Okay. Okay. Yeah, but it would be an also an approval for the other things that are outside of the $5 increase. What is the total of that, Ms. Bickle?

Ms. Bickleother

Of what you call what used to be mandated costs?

Representative Taggartassemblymember

Yeah, just going to page 102.

Ms. Bickleother

So what's in the staff recommendation right now is the full $1.3 million.

Representative Taggartassemblymember

Because I figured that if you were going to change the law on that $5 increase,

Ms. Bickleother

you would have to decide you wanted to do a bill,

Representative Taggartassemblymember

and you would do that during Mr. Thompson's presentation.

Ms. Bickleother

So I will align with whatever you decide, but it would, it's, right now, the numbers I have are 1.3 million. I would reduce that by 430,000 if you proceed with that legislation or some version of it. Any questions?

Senator Kirkmeyersenator

Senator Kirkmeyer. Are you giving an increase per hour then to the Court of Courtenay Council and the non-Court?

Ms. Bickleother

Right now the total numbers include the increase for the court appointed counsel and the rest

Senator Kirkmeyersenator

of this increase as I understand it is really driven by caseload.

Ms. Bickleother

Maybe there's some rate increases but there's not sort of a formal rate increase built into

Senator Kirkmeyersenator

this.

Ms. Bickleother

It's just like sometimes you're paying for, I don't know, a mental health competency witness,

Senator Kirkmeyersenator

representative and it may be

Ms. Bickleother

No, we're not increasing

Senator Kirkmeyersenator

an hourly rate.

Ms. Bickleother

It's not even

Senator Kirkmeyersenator

FTE. It's like things that they have

Ms. Bickleother

to procure.

Senator Kirkmeyersenator

But all of this

Ms. Bickleother

in the chart on page

Senator Kirkmeyersenator

102

Ms. Bickleother

On page 102, the court appointed

Senator Kirkmeyersenator

the attorney rate

Ms. Bickleother

increased the non-court

Senator Kirkmeyersenator

appointed counsel.

Ms. Bickleother

That's all the

Senator Kirkmeyersenator

$5 an hour increase.

Ms. Bickleother

Opposite.

Senator Kirkmeyersenator

The $430 is the $5 increase.

Ms. Bickleother

The other ones are essentially what used to be some apparently referred to as mandated costs,

Senator Kirkmeyersenator

but basically they have to procure services.

Representative Taggartassemblymember

Like what example did you just give, Ms. Bickle?

Ms. Bickleother

Okay, I got it.

Representative Taggartassemblymember

It's just the one thing. It's going up on five bucks. Okay.

Ms. Bickleother

Various kinds of like expert witnesses in a mental health case.

Representative Taggartassemblymember

Okay.

Ms. Bickleother

Okay.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES. THANK YOU, MADAM CHAIR. I MOVE STAFF REC R13. ARE THERE ANY OBJECTIONS? WELL, OKAY. BUT I THINK WE'RE NOT DOING THE FIVE. WE'RE JUST... WE ARE BASICALLY PUNTING ON THAT, AND MS. BICCLE WILL REFLECT WHATEVER WE DECIDE ON THE REST OF THE THINGS THAT ARE IN THE INDEPENDENCE. SHE WILL REFLECT THAT HERE. SO IF WE DECIDE THAT WE WANT, BECAUSE IT REQUIRES A BILL. SO IF WE DECIDE LATER WE'RE GOING TO RUN A BILL, JUST TO SPEND THAT INCREASE, THEN... OR TO GIVE A LOWER THAN THE FIVE. Yes, then she would reflect that here to match. Although is it.

Senator Kirkmeyersenator

Senator Mowgli. Is it possible that we can lower it without running a bill because it says...

Ms. Bickleother

You could lower it down to 10 cents without running a bill.

Senator Kirkmeyersenator

More than $5 each year.

Ms. Bickleother

We have to give an annual increase.

Senator Kirkmeyersenator

We don't change the law.

Ms. Bickleother

It says the hourly rate must be increased annually by no more than $5 each year.

Senator Kirkmeyersenator

Okay, so we could pick a different number without running a bill.

Ms. Bickleother

Yes.

Senator Kirkmeyersenator

Okay. Yes. Okay. Okay.

Senator Mobleysenator

So motion on the table is staff rec. Are there any objections? That passes on a vote of six to zero. Do I have any motion? And then I think we're just at the line item detail for the trial courts. Okay.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move line item detail based appropriation staff recommendation, trial courts. Are there any objections? That passes on a vote of 6-0.

Senator Mobleysenator

What page now, Ms. Biffle?

Ms. Bickleother

We are now jumping to page 110. And this is probation and related services. So R3 was the probation program's request. The department has requested 12.5 FTE. and it had also proposed that in addition, so the new staff were to be funded with cash funds and then in addition it was proposing a tradeoff between general fund and cash funds of basically 1.5 million. So my recommendation is no new FTE, but do do a temporary refinance of 1.5 million for approximately two years. Exactly how long that refinance will last will depend a lot on what's going on with these cash funds because this cash fund has some similar challenges to the last one discussed. So on page 111 you'll see the discussion of the request for FTE. I, in fact, do think that they could use additional FTE. I don't think, if we believe these caseload models, then it sure looks like they really need additional FTE and their FTE are under stress. Their calculation is that to go up to full staffing would be 321.5 FTE. And so what they say is we're just trying to bite off a little bit each year. and I think that would be totally reasonable, but this is not the year to bite off even a little bit, so I have not recommended it.

Senator Kirkmeyersenator

Senator Kirkmeyer. I'm good with staff recommendation. The reason I say that is not only for the other reasons you had, but do we all recall what we just heard about with the Aurora Municipal Court deal? Okay, great. Yeah.

Vice Chair Bridgesassemblymember

All right, Vice Chair Bridges. Thank you, Madam Chair. I move staff record three. Are there any objections? That passes on a vote of 6-0.

Senator Mobleysenator

Now we're, this might be your last decision item. Page 114, BA2, Offender Treatment and Services.

Ms. Bickleother

So the department had requested as a supplemental and budget amendment increases from the Offender Services Fund for Offender Treatment and Services There You did part of their request During supplementals, there was a sort of fund source change, and you reduced general fund. My recommendation for this year is you kind of continue that, so you're going to be offsetting. You've eliminated any general fund in this line item, and you've increased what are called cost recoveries for the offender services. And then, but I am recommending partially the request for an increase from the offender services fund for offender treatment services. So I'm recommending $500,000 increase on that. I'm recommending it for now on a temporary basis because of uncertainties about the situation in this cash fund. But I think I might not have done the best job during supplementals explaining the need for this fund and the need for these services, so I'm going to try this again. There's a $50 per month amount that offenders are supposed to pay when they're on probation. That money is then mostly used in this line item to provide services for offenders, and particularly services for those offenders who cannot pay for their own services. So, and the department frames it, I think, correctly as they are using the funds to ensure that probationers are not revoked from probation just because they can't afford the cost of their services. And so you can see a bunch of these different requirements that proportioners, depending on what their crime is, may be required to do. You know, your analysis, right? Drug testing, substance abuse treatment, domestic violence treatment. There's a whole list of different things that may be part of somebody's, what they're required to do to not be prevent from probation. The department distributes this money to the different judicial districts. The judicial districts have a fair amount of flexibility in terms of their use of the funds, but the funds do need to be used for these services. So some provide services on a sliding scale. They've got variations, but they do have to be used for these particular types of services. If you go to page 116, you can see the major ways that this money is spent for offender services. So adult sex offender assessments, domestic violence treatment, drug treatment services, substance abuse treatment, all of those things are the kinds of things this money goes for. There's been, because their data systems are in such terrible shape, they really cannot say that spending a dollar on this is, you know, guaranteed to provide X outcome because the data just is terrible. But they do, from this study that they did recently, we at least know more about how the money is getting used. So moving to page 117. Sorry.

Senator Kirkmeyersenator

I just have a question about that because it looks like everything is going down, except for not everything.

Ms. Bickleother

A lot of stuff is going down.

Senator Kirkmeyersenator

And then just these outliers like drug testing is up 43%.

Ms. Bickleother

I assume you just talking to us today about the yellow stuff Is that right Well not really I was kind of highlighting where some of the bigger dollar amounts were was really what I was focusing on The pattern of expenditure is really interesting, and I can explain that to you. Apparently what happened is word sort of spread. There was a change to law that allowed essentially taper, intercept of tax refunds and Tabor refunds to be captured into the cash funds for offender services. That drove up the amount of money that was available for a while. And everybody thought, oh look, there's a whole lot of money. Then the law changed temporarily and the local agencies overspent by a lot because they thought there would be more money than there was. It was just very poor communication with the local judicial districts. They overspent and they ended up, the department actually needed to transfer like $3 million into this line item to keep it whole. Then they were all told, you cannot spend. You are overspending, stop it. At which point the spending went down again. So it's pretty clear that they're able to spend every dollar that you send to them, but it does need to be accurately communicated to them how much money they are allowed to spend. So the, but there is a real use for this money. It is serving the needs of probationers. And interestingly to me, like some of what this study showed, so the districts are giving about, there's about $438 to about $1,100 per probationers that districts are receiving. Rural districts get more. There, about 75 to 90 percent of probationers are getting some benefit from this money. Offenders must pay costs that are not covered by this. And so across the, there was six judicial districts where this, there was research done. In those, districts' clients surveyed 52 percent of probationers reported paying for services out of pocket. and of those, the majority, 58%, said that they paid up to $100, in other words, less than $100 a month. The other 42% were spending over $100 per month out of their own pocket. So, you know, the effort here is to particularly help clients that really can't afford this. Again, lots of different policies around judicial districts, But in addition to this money that is being provided through the Offender Services Fund and some other treatment funds, probationers are paying out of their own pockets as well.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move Staff Rec. BA.2. Are there any objections?

Senator Mobleysenator

That passes on a vote of 6-0. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

And then I think we're just, we've got line item detail. Thank you, Madam Chair. I move line item detail and base appropriation staff recommendation. probation and related services. Are there any objections?

Senator Mobleysenator

That passes on a vote of 6-0. Next we've got on page 125 footnotes and RFIs.

Ms. Bickleother

And I think in addition to this list I did want to note there that new footnote on page 73 for underfunded to allow roll forward for underfunded courthouses So this list in addition to that And I would also note that some of these figures like if you do salary survey for example the numbers in footnote 53, which identify the salary levels for all the different judges, will go up. Right now what we've got, so this is sort of a tentative figure. IT'S WHAT WE HAVE IS THE 25-26 SALARIES AND THOSE EITHER IF THEY'RE GOING TO STAY FLAT OR WHATEVER YOU END UP DOING FOR THE REST OF STATE GOVERNMENT THIS THESE FIGURES WILL ADJUST AS WELL UM

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGESS THANK YOU MADAM CHAIR I MOVE LONG BILL FOOTNOTES AND RFI STAFF REC EVEN THOUGH WE HAVEN'T TALKED ABOUT THE RFI'S OKAY ARE THERE ANY OBJECTIONS THAT PASSES ON A VOTE OF 6 TO 0

Senator Mobleysenator

All righty. So now I just wanted to point you to the additional balancing options discussion, which is on page 130.

Ms. Bickleother

I'll just point out, as I did at the bottom, like this is very much being driven by common policies at this point. And I have options for you that, you know, will give you some additional millions of dollars, but they're not going to even approach that number. And so here on page 131, you've got some, I have, we've already talked about the court-appointed counsel rates, but in addition, you could cut the underfunded courthouses grants, another $500,000, which would drop the amount available for that grant program from $3 million to $2.5 million. You could reduce or eliminate appropriations for the Family Violence Justice Grant Program. You could reduce or eliminate appropriations for the Eviction Legal Defense Program.

Senator Kirkmeyersenator

Senator Kempner? You know. Thank you, Madam Chair. I like, first one I like is that, it's like one, two, three, we already talked about the Violence Grant stuff and the other ones. The, reduce the General Fund Appropriations to the Eviction Legal Defense Grant Fund, and I think we should do it by $400,000. And hopefully this is correct. But we are doing apparently $1.1 million of general fund, and that becomes reappropriated funds. And then we're adding in this year a request to add in $400,000 of cash funds. So I'm wondering why we can't reduce our general fund by $400,000. I'm looking on A9, where it says Eviction Legal Defense Grant Program.

Ms. Bickleother

Did I miss something?

Senator Kirkmeyersenator

Maybe I did. Let me see. Well, you have a reduction of $220,000.

Ms. Bickleother

But I'm looking at it and traditionally, like in 24, 25,

Senator Kirkmeyersenator

they actually did $1.1 million of grant programs. And I'm asking if we can't just leave it the same at 1.1 million using $400 of cash funds and $700,000 of general fund essentially.

Ms. Bickleother

And I, you know, and that is totally your prerogative. I THINK THAT'S TOTALLY VIABLE. AND I JUST WANTED TO NOTE THAT THE 400,000 THERE, I THINK, IS, YOU KNOW, RESERVES IN THE CASH FUND. I DON'T ACTUALLY KNOW HOW MUCH IS BEING SPENT OR IS AVAILABLE THERE. THIS IS JUST BECAUSE THE STRUCTURE IS YOU'RE TAKING AN APPROPRIATION OF 1.1 MILLION GENERAL FUND, YOU'RE STICKING IT IN THE CASH FUND, AND THEN THEY'RE SPENDING OUT OF THE CASH FUND OVER TIME. SO THAT'S WHY THERE'S ANY CASH FUND AMOUNT THERE, I BELIEVE.

Senator Kirkmeyersenator

SO THEN WE, SENATOR KIRKMIER. SO WE COULD REDUCE OUR GENERAL FUND APPROPRIATION THEN BY 400,000 AND THEY'D STILL get 1.1 million for grants, same as what they got last year?

Ms. Bickleother

I do not, what I would need to check on is exactly how much is available from a cash fund perspective, because that's the piece I'm not sure about, but you certainly can drop the general fund if you wish to.

Senator Kirkmeyersenator

Well, I don't. Well, you have 220. Reprov. Yeah, I appreciate the, we're obviously going to have to be creative, and we're also going to have to continue to make some significant cuts. I don't know that I'm ready to do this just today.

Senator Mobleysenator

I think these eviction legal defense programs are really important, and I wouldn't want to do anything that would weaken it, especially in a time when we may be facing a recession and evictions may go up.

Senator Kirkmeyersenator

Senator Kirkmeyer. So what I'm saying doesn't weaken it. it just keeps it the same as what they actually spent the previous year. That doesn't feel super clear to me, actually. So if Ms. Bickle, you want to sort of investigate what are these reserves or whatever.

Ms. Bickleother

Yeah, I'm happy to investigate and come back and figure out what the story is with the cash funds and how much is getting spent and so forth.

Senator Kirkmeyersenator

Senator Kirkmeyer. You're good with what? And on the correctional treatment cash fund, I think we should do that. I mean, I don't know why we maybe couldn't go for more, but I think we should do that. It's still more. Well, I guess I don't... Senator Babbley? I don't recall what that's used for. I'm sure it's in here. I just don't know. So is this to provide treatment for people who are in corrections?

Ms. Bickleother

SENATOR AMOBULA, I'LL BE HAPPY TO SHARE WITH YOU THE REPORT. ON PAGE 134, YOU CAN SEE IT'S USED IN A BUNCH OF DIFFERENT DEPARTMENTS TO SUPPORT CORRECTIONAL TREATMENT. AND YOU BASICALLY HAVE A BOARD THAT DECIDES HOW TO ALLOCATE IT AND THEN SOME OF IT GOES TO CORRECTIONS AND SOME OF IT GOES TO HUMAN SERVICES AND SO FORTH. I WAS NOT KNOWING, QUITE FRANKLY, ALL OF THE DIFFERENT PROGRAMS IT WAS SUPPORTING WELL AND

Senator Kirkmeyersenator

And knowing the challenges that you've had in the Department of Corrections with getting people out of corrections based on whether they have access to treatment, I didn't, I was a little cautious about this, but it's partly because I don't, I can't pretend that I know all of the programs very well, but I can give you what I've got on it. Okay. I mean, the total is 25 million?

Ms. Bickleother

has dropped some and but yeah it's if you look on page 135 so statute requires a minimum appropriation to the fund of 11.7 million and there's also fee revenue deposited there and that seems to be 6 million below the current general fund plus marijuana tax cash fund amounts of 17.7 million that were appropriated in 26 and are requested in 27. So I think there's space under current law for you to reduce this. It is just a question of, you know, you have a board that's making decisions about where this money goes. It's a collaborative board, I hope, of, you know, of people who should have expertise in this area and therefore hopefully know, have a sense of the best places to send it. If you interested in this one though what I do is I will go to the different departments and I will get more detail on the line items in which the correctional treatment cash fund money is spent Basically, what happens is you make the initial appropriation in the judicial department, and then it gets spread out to all of these other departments. Okay.

Senator Kirkmeyersenator

Well, I'm happy to look at it. You know, maybe we can come back to these options at the end. I'll find it.

Senator Mobleysenator

Reverend Brown, did you have a question?

Senator Kirkmeyersenator

I'd like to. No. Okay.

Senator Mobleysenator

All right. Okay. Anyway, that's the story.

Ms. Bickleother

There's a bottom line. There's a little bit of stuff you can do, but it's really the whole ball of waxes come on policies, I think.

Senator Mobleysenator

All right. Thank you, Ms. Bickle.

Ms. Bickleother

Thank you.

Senator Mobleysenator

Tab two with Mr. Thompson.

Senator Kirkmeyersenator

Yeah. Thank you. FOREIGN MINDS OF THE JURICAL DEPARTMENT. I WILL JUST GO AHEAD AND JUMP INTO PAGE ONE. ON PAGE ONE THERE'S THE BEGINNING OF THE TABLE THAT SUMMARIZES ALL OF THE JUDICIAL DEPARTMENT. AS MS. BICKLE POINTED OUT, HER OVERVIEW TABLE ONLY HAD HER SECTIONS IN IT. SO THIS IS CLOSER TO WHAT YOU SHOULD EXPECT TO SEE WITH YOUR FINAL DECISIONS IN THE LONG BILL NARRATIVE. On page three is just the parts of the independent agencies and judicial that I'll be making recommendations on today. And you'll see at the bottom of the table on page four that it's about an increase of 7.1% general fund. I don't think it's really worth the committee's time to go through the major differences between the requests right now, since I'll be discussing them individually. So let's jump into the first one on page five. That's staff initiated one, adjust the child welfare for legal representation line item. This is a line item that exists in the Department of Human Services, and it reflects the Title IV E funds that are flowing through DHS that ultimately end up in OCR and ORPC. For the past couple years, we've been over-appropriating, over-estimating the appropriation to that line item to encourage these agencies to use more of it. And I think during that period of time they have, the committee's approved recommendations that increase the Title IV-E funds appropriated to those agencies. And so my recommendation now is to make sure that the appropriation in DHS matches the amounts that are being appropriated in these two entities.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move staff rec, staff initiated one. Are there any objections?

Senator Mobleysenator

That passes on a vote of 6-0. All right. And now to get back to the discussion that you guys were just having,

Senator Kirkmeyersenator

this was about the attorney rate increase for court-appointed counsel. This is the staff pause attorney contractor rate increase and the recommendation is to run legislation that would temporarily pause for one or maybe two years The requirement that this rate increases by no by up to five dollars per year That if the committee were to take my recommendation, the savings would be estimated to be about four point seven million general fund. AS CAME UP DURING THE DISCUSSION WITH MS. BICKLE, I DO AGREE WITH AGENCIES INTERPRETATION THAT IF WE INCREASE THIS APPROPRIATION BY ANY AMOUNT, EVEN JUST A DOLLAR, THAT IT WOULD FULFILL THE STATUTORY REQUIREMENT THAT IT INCREASE EVERY YEAR. AND SO I GUESS I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS THAT ARE STILL LINGERING FROM THE PREVIOUS DISCUSSION. Why anywhere between $1? The language of the law says that it must increase, but it doesn't say it must increase by $5. It says it must increase by up to $5. Right, so why a dollar? So a dollar is any increase. Well, so is 10 cents to... Yeah, I think he's just saying why a dollar. Well, no, he wrote here between $1 and the total requested. I was asking, so you're not specific to a dollar? Sure. Madam Chair, that's a great question. And one reason I wouldn't go down to a penny calculation is because in the long bill, we don't have any appropriations that have cents attached to them. It's all full dollar amounts. And so that's why I'm at the $1 figure. Good reason. Well, but in the long bill, there would be a sum total, not a per person amount. So my argument is that $1, not $4.7 million, not a $1 increase. Got it, got it. Divided among all of those people. Right. Senator Mobley. So this $4.682 million doesn't include Ms. Pickle's numbers. Correct. So it would be a little bit more than that, depending on what we did. Okay. Let's just pick a number out of the air. Maybe somebody wanted to put some numbers in a hat.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move the staff rec is that we choose or the staff rec here is? The staff rec is that you run legislation. So I would say that you would reject staff recommendation and approve an increase of X dollar amount. I move to reject staff recommendation and instead mark the increase at $5. Total. Isn't that what we were talking about? Oh, $5 total? Five is the max. So that's like a penny? Total for the line item. Yeah, for the line item. A total increase of $5. Which is essentially zero, but without running legislation. Okay, I guess I...

Senator Kirkmeyersenator

Senator Mobley. Do we have any information about what this does? Like, do these agencies worry that they won't be able to get attorneys? I don't know. I DON'T WANT TO DO NOTHING, ESPECIALLY IF WE'RE NOT GOING TO DO NOTHING FOR ALL THE OTHER EMPLOYEES. MAYBE WE ARE. MAYBE IF WE WAIT UNTIL WE GET THE COMMON POLICIES RECOMMENDATION AND DECIDE WHAT WE'RE DOING FOR EVERYBODY ELSE, BUT IT JUST DOESN'T QUITE FEEL RIGHT TO SAY, I DON'T KNOW. THANK YOU, MADAM CHAIR. THE STAFF RECOMMENDATION IS ZERO. SO THIS IS ESSENTIALLY ZERO. AND I THINK IF WE DISAGREE WITH STAFF REC, THEN THAT'S A DIFFERENT CONVERSATION TO BE HAD. but the staff records that we run legislation and set it at zero and stop the requirement that we increase by any amount moving forward And so I hear you on this but it is a tough year And this is million that we don have And I inclined to go with staff recommendation except that running legislation seems a step too far on this. And I feel like maybe I misinterpreted, but when I heard from a couple of these independent agencies, what they really don't want us to do is change the statute. I heard that too. But I got a sense of we understand this is difficult and you have to make difficult decisions this year. So I took that to mean they were somewhat understanding if they didn't fund this. They're still shaking their head yes back there.

Vice Chair Bridgesassemblymember

So we're just going to increase total appropriation by five bucks. Thank you, Madam Chair. In case my motion was unclear, which sounds like it was, total appropriation for that line of $5, not $5 per person, which would be the full $4.682 million. Okay. And we don't have to worry about that being there's no increase next year because we're not running a bill. Correct. Yeah. Yes, the same thing next year. Yeah. We'll have to revisit it. If we're in this situation next year, it might also be $5 total again. Okay. All right. Are there any objections?

Senator Mobleysenator

That passes on a vote of 6 to 0.

Senator Kirkmeyersenator

And Madam Chair, next year it will show up just as an annualization again for that bill, but we might be talking about it again, so you know what to look for.

Senator Mobleysenator

Okay, so that moves us on to page 7.

Senator Kirkmeyersenator

This is a combined request from the State Public Defender and Alternate Defense Council related to the CBI DNA misconduct. THIS IS A REQUEST FOR $2 MILLION GENERAL FUND SPENDING AUTHORITY. THE APPROPRIATION WOULD APPEAR IN THE PUBLIC DEFENDER'S BUDGET, BUT IT IS BEING ACCESSED BY BOTH THE PUBLIC DEFENDER AND ALTERNATE DEFENSE COUNCIL. THEY ALREADY HAVE AN AGREEMENT IN PLACE THAT ALLOWS THIS TO HAPPEN, AND IT IS BASED ON WHERE THE CASES ACTUALLY END UP. UNLIKE TYPICAL REPRESENTATION OF INDIGENT CLIENTS WHERE THE STATE PUBLIC DEFENDER USUALLY GETS ABOUT 80% OF THE CLIENTS AND ALTERNATE DEFENSE COUNCIL USUALLY SEES ABOUT 20% OF THOSE. IT'S KIND OF FLIP-FLOPPED FOR THESE CASES BECAUSE THE PUBLIC DEFENDER REPRESENTED A LOT OF THESE CASES WHEN THEY INITIALLY WENT THROUGH. AND SO WE'RE SEEING THAT IT'S IMPACTING THE ALTERNATE DEFENSE COUNCIL COSTS MORE, BUT THAT DOESN'T CHANGE MY RECOMMENDATION THAT THE APPROPRIATION SHOULD APPEAR IN THE STATE PUBLIC DEFENDER'S OFFICE. I'M ALSO RECOMMENDING THAT THE FUNDING BE APPROVED BECAUSE THE STATE PUBLIC DEFENDER AND ALTERNATE DEFENSE COUNCIL ARE ALREADY GETTING THESE CASES IN. THIS IS A REALLY CONSERVATIVE ESTIMATE FOR HOW MUCH IT'S GOING TO COST. I WOULDN'T BE SURPRISED IF WE'D SEE A SUPPLEMENTAL RELATED TO THESE. BUT WE'RE TRYING TO JUST GIVE THEM SOMETHING TO GET STARTED ON WORKING THESE CASES. OKAY. I SEE THE I. JUST SEEING. AT SOME POINT. So staff rec is to approve the request.

Vice Chair Bridgesassemblymember

Correct. Yeah. I move. Yeah. The recommendation. You can go staff rec. It's a conservative number and we'll probably get a supplemental. Yeah. I move staff rec OSPD R2BA1.

Senator Mobleysenator

Are there any objections?

Senator Kirkmeyersenator

Can we take it out of a CBI cash fund? That's what I said. That's what I was saying. Oh, I will... Madam Chair, Senator Mobley just reminded me, I did look into whether or not we could fund this through the risk management program at all. It would require statute change to get there because it's not an activity that is allowed under the statute, but it could be. I would still stick with my recommendation because to me, I think it's really important that it's transparent, THAT THIS FUNDING IS BEING SPENT BY DEFENSE COUNCILS BECAUSE OF THIS PROBLEM. IF IT WENT THROUGH THE RISK MANAGEMENT PROGRAM, IT WOULD KIND OF JUST GET PUSHED INTO PUBLIC SAFETY'S RISK MANAGEMENT LINE ITEM, AND YOU WOULDN'T REALLY BE ABLE TO DISTINGUISH IT FROM ANY OTHER OF THE RISK MANAGEMENT PAYMENTS THAT THEY'RE TAKING. WE COULD GET INTO THE DETAILS OF IT, BUT IT WOULDN'T BE IN THE LONG BILL EASILY DECIDED. And so this recommendation keeps it in its own line item in Public Defender that we can always point to and be like, this is what's funding the impact of Missy Woods for Defense Counsel. And we're sure that this is what's funding the defense for the Missy Woods Defense Counsel stuff. This is the start, he said. No, but I mean, we're sure it's just going to that additional increase. Because at some point that should drop off. Yeah, unlike the domestic violence docket issue, this is in its own line item that is specifically for this purpose. Okay, perfect. Thank you.

Senator Mobleysenator

Okay, thank you. All right. So that will take us to... Sorry, Rep Taggart's got a question.

Representative Taggartassemblymember

Thank you, Madam Chair. I'm comfortable with this, but I guess I'm not comfortable for the future, and I understand the transparency and maybe we can figure something out, but the purpose of risk management funds, in my humble estimation, are for things like this. And if we need to change statute, not right now, but in the future, I think we should look at that because that's what risk management funds are for. It is for a mistake, albeit this is a big one. And I would hate to just push that aside for the future.

Senator Kirkmeyersenator

Senator Mobley? Yeah, I don't disagree with Rep Taggart. We should look at that. But I think we are going to have a lot of opportunities in the future to... God, I hope not. I think we are. It sounds like things are only going to get worse. But that might be something we could try to figure out going forward. Okay.

Senator Mobleysenator

In the meantime, we've voted. Yeah. Okay. So I'll move us on to informational issue on page nine.

Senator Kirkmeyersenator

Last year, a bill was run to set up an e-discovery task force, which met over the summer and submitted its report to me in the legislature in January. At this time, I'm recommending the committee not take any action on it, but I am planning on working with the stakeholders over the interim to come up with some legislative options. I think there's some low-hanging fruits that are out there that we can use to tackle some of the rising costs of e-discovery. AND ONE OF THOSE THINGS IS REQUIRING A STATEWIDE CONTRACT WITH PROVIDERS OF THE BODY CAM AND OTHER SURVEILLANCE FOOTAGE. I JUST WITH THE LATENESS OF THE REPORT AND THE REPORT WAS PROBABLY CLOSE TO 100 PAGES LONG I didn have a chance to read the whole thing before I could get to you guys And so I want to have some time over the interim to work with agencies to come up with those legislative priorities. And the Office of Public Defender had what seemed like the nearest time frame that something needed to change. And as long as we get something going during supplementals next year, it won't impact their ability to contract.

Senator Mobleysenator

Okay.

Representative Taggartassemblymember

Rep Taggart. I just want to say thank you. This was something I pressed pretty hard on last year, and I'm really pleased that it's moving along because these costs are going up exponentially, and if we can find a statewide solution that can flatten that curve a little bit, that's wonderful.

Senator Mobleysenator

ALL RIGHT, SO I DON'T NEED ANY ACTION ON THAT ONE, BUT WE'LL CONTINUE MY WORK ON IT AND HAVE SOMETHING FOR YOU A BRIEFING. SO THAT TAKES CARE OF ALL THE DECISION ITEMS THAT IMPACT MORE THAN ONE AGENCY. SO NOW WE'RE ON TO THE OFFICE OF THE STATE PUBLIC DEFENDER. before I jump into the decisions items for the state public defender I wanted to flag the last sentence of my first part of this narrative the OSPD currently neither contracts with lobbyists nor maintain one on staff however employees assigned other duties often reply to legislative inquiries and testify on bills related to OSPD's work I've included this type of description in every of my agencies because it had come up during supplementals and so I just wanted to make sure that everybody saw those. I'm so sorry. We're on page 11. Page 11, and it's the third paragraph that I was just reading. Yeah, my apologies for not getting us to the right page. So at every division, every independent agency, I have a little quip about how they're spending or not spending on lobbyists. MOVING ON TO PAGE 12, THAT TAKES US TO THE PUBLIC DEFENDERS R1. THIS IS STAFF FOR THE AURORA DOMESTIC VIOLENCE DOCKET. THE AGENCY HAS REQUESTED ABOUT $1.1 MILLION GENERAL FUND AND 11.8 FTE THAT ANNUALIZES TO 1.3 MILLION IN 12.9 FTE TO ADDRESS THE INCREASED WORKLOAD DUE TO REPRESENTING CLIENTS IN THE 17TH TO 18TH JUDICIAL DISTRICTS RELATED TO DOMESTIC VIOLENCE. CONSISTENT WITH THE RECOMMENDATION LAST YEAR WHICH WAS NOT TO PROVIDE FUNDING FOR THESE AGENCIES IN THE FIRST YEAR AND REQUIRE OSPD TO ABSORB THOSE COSTS LAST YEAR I'M RECOMMENDING that the committee stagger beefing up the OSPD's FTE for the 17th and 18th judicial districts. So my recommendation is to approve about 560,000 general fund and 5.9 FTE in 2627 and getting them up to the 12.9 FTE for 971, 130 in the following year.

Senator Kirkmeyersenator

Wow.

Senator Mobleysenator

Senator Mobley.

Senator Kirkmeyersenator

I just, I'm curious what is that, how does that work? Like if you have all these cases and then you don have the attorneys to work the cases then are you starting to stack up cases so that you create a backlog And then I don know is that that just feels like maybe that short I not sure because you have to then hold on to all the data around that case for that much longer and all the things that go with it. And it's harder then to run the case when all the witness testimony and all of that is kind of old and So I'm just curious about that, whether that actually saves us money.

Senator Mobleysenator

Mr. Thompson.

Senator Kirkmeyersenator

Thank you, Madam Chair. Senator Mobley, I mean, it saves us money in that we're not appropriating funding for it. But you're right that it will stack up cases. There's speedy trial issues that may arise. SO SOME OF THOSE CASES, IF DEFENDANTS DON'T AGREE TO WAIVE THEIR SPEEDY TRIAL RIGHTS, MIGHT HAVE TO GET BUMPED UP IN FRONT OF ONES THAT HAVE ALREADY BEEN PENDING. I MEAN, THERE'S ISSUES BEHIND THIS ONE. IF IT WASN'T THIS YEAR, I WOULD HAVE RECOMMENDED APPROVING THE REQUEST. BUT I FELT LIKE I NEEDED TO GIVE THE JBC OPTIONS THAT WERE NOT FULLY INCREASING WHAT'S BEING REQUESTED. SO I, DO YOU HAVE A QUESTION? I'M JUST TRYING TO UNDERSTAND. THESE FOLKS ARE RELATED TO JUST THE AURORA, THE NEW, OKAY. BUT WE HEARD THAT THEY ONLY USED THE TWO, THEY ONLY HIRED TWO JUDGES. PROBATION OFFICERS. PROBATION OFFICERS. IS THIS, HOW WELL DOES THIS MESH WITH WHAT THEY HAVE DONE IN TERMS OF STAFFING FOR THE COURT?

Senator Mobleysenator

THANK YOU, MADAM CHAIR.

Senator Kirkmeyersenator

AFTER LEARNING MORE ABOUT WHAT HAPPENED WITH THE PROVED INCREASES LAST YEAR, I THINK IT MIGHT BE WISE TO ALSO ATTACH A FOOTNOTE TO THIS APPROPRIATION THAT SPECIFIES THAT THESE ARE FOR THE AURORA FOR THE 17th AND 18th JUDICIAL DISTRICT RELATED TO AURORA DOMESTIC VIOLENCE. BECAUSE OTHERWISE IT WOULD JUST BE GOING INTO THEIR NORMAL OPERATOR PERSONAL SERVICES AND OPERATING LINE ITEMS. AND THEORETICALLY THEY COULD ALSO ACT LIKE THE JUDICIAL DEPARTMENT OR THE PROBATION DEPARTMENT DID AND DO IT. I DON'T GET THE IMPRESSION THAT THAT'S WHAT THEY WILL DO. I sincerely think they need these attorneys in those districts. I assume that's how they're going to do it, but a footnote would probably give us a little bit more assurance.

Senator Mobleysenator

Okay.

Senator Kirkmeyersenator

Thank you, Madam Chair. I move staff recommendation OSBDR1.

Senator Mobleysenator

Are there any objections? Do you want to include the footnote?

Senator Kirkmeyersenator

With the footnote, obviously, yeah.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. Okay, so on to page 13. Rep Brown.

Senator Kirkmeyersenator

Thank you. I think we all know what we're talking about, but just for the record, I will point out that there's a couple of instances where the S and the P for OSPD have been switched. So OPSD. on page 7, page 12, page 13, page 14. But I think it was just something that got copied and pasted. Mr Thompson I just wanted to say that just for the record Thank you I will have to train my AI to better proof for me

Senator Mobleysenator

Okay, so on to page 13. The OPSD, there we go again. The Office of State Public Defender R3 IT True Up on page 13. This is a request for an increase of $955,000 general fund for 2627 and ongoing. TO ADDRESS A VARIETY OF DIFFERENT SOFTWARE LICENSES AND OTHER IT TOOLS THAT THE AGENCY USES. I'M RECOMMENDING THAT THE COMMITTEE AGAIN STAGGER THIS FUNDING OVER TWO YEARS, PROVIDING ABOUT $500,000 GENERAL FUND EACH YEAR. THESE ARE THINGS THAT THEY NEED AND THEY'RE HAVING TO GO INTO THEIR REGULAR OPERATING COST LINE ITEMS TO FUND THEM. But again, given the budget situation, I'm giving the JBC options to not fully fund it all at once.

Senator Kirkmeyersenator

I guess I just would ask the same question. Then will we come back in year two and still be then behind? And I get this is a little bit different, but it just seems like we're still going to end up in a situation where they'll never be able to get caught up. They'll never be able to true up because every year they'll still be behind. But maybe that's just the way it always is. I don't know.

Senator Mobleysenator

Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec OPSDR3.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. All right. Moving on to page 14, we got the OPSD BA2 admin and appellate lease. This is a request for $492,000 general fund. It increases over time as the contract changes. So moving on to page 15, during the Department of Law's presentation, I made a gentle recommendation that we approve this request then before I had been able to do a full analysis, but now I've been able to complete a full analysis and I stand by that original recommendation. So I'm still recommending that the committee approve the request, but the table at the bottom of page 15 shows what the corrected and actual contractual costs will be and the square footage rated rates based on those contractual rates. and so throughout the life of the loan, the square footage rate is a little, throughout the life of the loan after the second year, the square footage rate is a little bit more than you might be able to find either in the judicial building or in capital complex, however, which is closer to like $20 a square foot. However, OSPD is seeking about 57,000 square feet of space. I checked in with Mr. Dermody and really there's only one building that gets close to having that much square footage and that's the Centennial building. And we all know that we don't know what's going to happen with the Centennial building. And even if we were to move them into the Centennial building, it would really need a lot of work just to make it into functional legal office. The space they're currently in that would continue to occupy does not need any additional modifications to the space. It already serves their needs. And I really do think it's a good deal for the state to allow them to continue to occupy this space. recommending the committee approve the request.

Senator Kirkmeyersenator

What's the parking situation there?

Senator Mobleysenator

It's a good question. I mean, there's a lot of transit down there because it's right across from Brown Palace. And I mean, I think it's surface law. That is the one question I did not ask was parking, though.

Senator Kirkmeyersenator

Just it's been a persistent. Yeah, I know that I pay, you know, I pay for parking out of my own paycheck. and I assume a lot of other state employees do too. So I'm not sure if that should really come into consideration here.

Senator Mobleysenator

Touche. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. If something were to happen to that building, the one that we can't do anything with. The Centennial Building. The Centennial Building. Is it insured?

Senator Mobleysenator

I mean, we could go find the guy who did judicial.

Vice Chair Bridgesassemblymember

Jeez.

Senator Mobleysenator

I moved staff rec OSPDB to admin and appellate lease. Are there any objections?

Senator Kirkmeyersenator

Good public defenders are defending that guy now.

Senator Mobleysenator

The vote is six to zero. All right, moving on to 16, I finally have an OSPD BA3 judicial officers correction. This is a request that is an increase of 204,000 general fund. and it was related to Senate Bill 25024 and some of the utilities and lease spaces costs were left out of it. A reminder that the lease space costs here are different than the lease space costs we just talked about. They're more about the satellite offices that house the public defenders in local jurisdictions and so I'm recommending that the committee approve the request.

Senator Kirkmeyersenator

Thank you, Madam Chair. I move OSPD BA 3 staff rec.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. Sure. That takes us to the line item detail. I did want to flag one thing in the line item detail for you, but I have to find it. So we are moving on to page 30 real quick. This is the attorney registration line item. Based on your action with Ms. Bickle, I am not going to reflect this negative 177, 174.

Ms. Bickleother

That was for professional licenses.

Senator Mobleysenator

Since you guys did not adopt Ms. Bickle's recommendation, that just flows through. So I don't need a decision there. Just wanted to flag it for you.

Representative Taggartassemblymember

Rep Taggart. Thank you, Madam Chair. On this particular one, I wrote a note to myself on page 26 and going over to 27.

Senator Mobleysenator

And you highlighted it, don't you?

Representative Taggartassemblymember

I did.

Senator Mobleysenator

The mic is yours, Rhett Taggart.

Representative Taggartassemblymember

It's been a long week.

Senator Mobleysenator

Geez.

Representative Taggartassemblymember

I didn highlight page 27 We can because we care There is still a appropriation for the Ralph Carr What's that all about?

Senator Mobleysenator

I thought they were in a different building. Mr. Thompson.

Senator Kirkmeyersenator

Thank you, Madam Chair. Representative Decker, that is great observational skills. It actually has a simple answer.

Representative Taggartassemblymember

Oh, I underlined it.

Senator Kirkmeyersenator

So technically, the state public defender's office is occupying space in the Ralph Carr Center now. But insurance is paying for the space that they're actually occupying in the 710 space. So they're still paying their appropriation as if they're occupying the space. This amount is for the first six months. And so this is for the beginning of the fiscal year through December. And then in January, when the Department of Law is expected to expand into their old space, the Department of Law is taking over that appropriation. So it's about half a year's appropriation there. And they're not paying anything for their space, but they are paying the $4.99, $4.34 for the pleasure of not paying anything in that other space.

Representative Taggartassemblymember

Thank you, Madam Chair. I move line item detail and base appropriation for OSPD.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. Okay, that takes us on to Page 35, Office of Alternate Defense Counsel It's up to the committee whether or not they'd like me to talk about the lobbyists at each section Or if you just want to read those Yeah, so So in 2425, they had a hired lobbyist that would cost about $40,000. It was paid for from vacancy savings. No contract has been entered into in 2526, but at the time of writing, they were considering hiring one for the second half of the legislative session.

Senator Kirkmeyersenator

Please, no.

Senator Mobleysenator

I didn't. All right. All right. So that takes us on to page 36. This is the R1 caseload increase. The recommendation or the request is for $3.6 million general fund based on their caseload projections and case costs increases. I'm recommending that the committee approve $2 million. I think, I believe that the $3.6 million is the right amount. Again, I am trying to cut these hairs as short as possible. AND SO I SHARED THIS RECOMMENDATION WITH ALTERNATE DEFENSE COUNCIL AND THEY WERE COMFORTABLE TAKING THE STAFF RECOMMENDATION FOR THE $2 MILLION INCREASE, KNOWING THAT THAT MIGHT DRIVE A SUPPLEMENTAL REQUEST NEXT YEAR, BUT I'D RATHER NOT HAVE EXTRA GENERAL FUND DOLLARS NOT BEING SPENT SOMEWHERE AND HAVE TO DO A SUPPLEMENTAL CHANGE THAN OVERAPPROPRIATE.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES. THANK YOU, MADAM. THANK YOU, MADAM CHAIR. I MOVE OADCR1. STAFF REC. ARE THERE ANY OBJECTIONS?

Senator Mobleysenator

That passes on a vote of 6-0. And then line item. I move line item detail and base appropriation staff rec for the same. Are there any objections? That passes on a vote of 6-0. Madam Chair that will take us to OCR OCR currently neither contracts with a lobbyist or maintains one and they respond to legislative inquiries with other full staff What page? 48, yes. I will get back into the rhythm of telling you what page number we're on. No, you're fine. So their first request is on page 49. THIS IS A REQUEST TO REDUCE THEIR COURT APPOINTED COUNCIL LINE ITEM BY 871,000 GENERAL FUND. I CHECKED IN WITH THEM TO SEE IF THEIR UPDATED PROJECTIONS HAD CHANGED THIS AT ALL AND THEY'RE STILL FEELING PRETTY GOOD THAT THIS REDUCTION IS SOMETHING THAT THEY CAN TAKE. I'M RECOMMENDING THAT THE COMMITTEE APPROVE THIS CHANGE. I GO INTO KIND OF ALL THE DIFFERENT COSTS AND DRIVERS THAT ARE OCCURRING AND THEN ON PAGE 51, There's a summary chart that shows caseload trends by type since 2002. Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec for the OCR R1.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Vice Chair Bridgesassemblymember

Vice Chair Bridges. Thank you, Madam Chair. I move line item detail and base appropriation for OCR.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. So now we'll move on to the Office of Respondent Parents Counsel, which is on page 61. ORPC neither contracts with a lobbyist or maintains one. They also do respond to legislative inquiries with FTE that are assigned other duties. THEIR FIRST REQUEST STARTS ON PAGE 62. THIS IS R1BA1 ALIGN APPROPRIATIONS WITH ESTIMATES. THIS IS A REQUEST FOR NET REDUCTION OF 720,000 TOTAL FUNDS, INCLUDING 770,000 GENERAL FUND. A SUMMARY OF THE REQUEST AND RECOMMENDATION CAN BE SEEN ON THE MIDDLE OF PAGE 62. I'M RECOMMENDING THE COMMITTEE APPROVE THE REQUEST. This had come up in other places, but I haven't talked about it at all in my document. But there are some questions about whether a recent Supreme Court decision was factored into the request to reduce by this amount. And ORPC only had one month of data after that Supreme Court decision. IT'S THE RMP DECISION THAT BASICALLY SAID THAT GUARDIAN AD LITEMS AND COUNCIL FOR YOUTH DO NOT HAVE THE AUTHORITY TO OBJECT TO A DISMISSAL THAT'S IN A DEPENDENCY AND NEGLECT CASE. PRIOR TO THAT DECISION, GUARDIAN AD LITEMS BUT NOT COUNCIL FOR YOUTH HAD AUTHORITY TO OBJECT TO THOSE THAT WAS GRANTED THROUGH A 40-YEAR-OLD APPEALS CASE. NEVER, IT WAS NEVER SOMETHING THAT WAS STATUTORILY GRANTED. AND WHEN COUNCIL FOR YOUTH WERE CREATED THREE YEARS AGO, THEY WERE NOT EXPRESSLY GRANTED THAT AUTHORITY. And so based on the Supreme Court decision and the little bit of data that the ORPC had, they did not factor those changes in because they believed that that was already what was happening. And so I recommending that we approve the requested change noting that if any statutory changes grant that authority to guardian ad litems or counsel for youth it will likely drive a cost in ORPC Rep Brown Thank you Madam Chair So just to reiterate your analysis is that the department did not submit these reductions because of the RMP decision, but that you do believe that if we are to sort of fix the court decision, if you will, that it will drive some additional costs in ORPC?

Senator Kirkmeyersenator

Correct. Do you have any idea what the amount of the... Yes, and actually why do you think it would drive more cost if the reduction had nothing to do with that court decision

Senator Mobleysenator

AND THEN IF WE CHANGE STATUTE TO GO BACK TO ALLOW FOR THAT TO CONTINUE, WHY WOULD THAT CHANGE A COST? COUNCIL FOR YOUTH NEVER HAD THE AUTHORITY TO DO THIS. THEY WEREN'T GRANTED IN STATUTE. THE ONLY ENTITIES THAT WERE GRANTED THAT AUTHORITY PRIOR TO THAT DECISION WERE GUARDIAN ADLITEMS. COUNCIL FOR YOUTH HAVE ONLY EXISTED FOR THREE YEARS. I think that there's also a question of how guardian ad litems are advocating on behalf of the best interest of the child. Council for Youth are advocating on their client based on their client's wishes. So I think that there's a very likely chance that if council for youth are allowed to object to these dismissals, that it's going to have a higher volume than the guardian ad litems ever saw, because the guardian ad litems were always looking out for the best interest of the youth. And I think that not every youth is looking out for the best interest of himself.

Senator Kirkmeyersenator

Rob Brown. Thank you, Madam Chair. Thank you, Mr. Thompson. Isn't this a very rare situation that we're talking about here, and I think it's something in the, like, 15-ish cases, right? So how in the world? That doesn't seem like that would drive a significant amount of costs, even if I take you at your word, which I don't know that I do, not that you aren't a good analyst, just that I don't know that I agree with it. I just don't see how that's a significant amount of money.

Senator Mobleysenator

And thank you, Representative Brown. ORPC reached out to their contractors and opened a survey for three days when they got this fiscal note, and they got some responses, but obviously you're not going to get a fully comprehensive list of responses in that three days. 88% of the responses believe there would be some cost increase. I really think that the fiscal note process is where that actual dollar amount is going to be figured out. So I don't have an estimate for it now. You're right that it is very low volume. But also in this survey, just as an example, objections were raised in, I don't know, 20 counties. These preliminary hearings were provided in two counties, and like 10 counties allowed the guardian ad litem to prosecute the trial after the objection. And that's another question that really comes up with these counsel for youth objecting to the dependency and neglect dismissal is who is going to prosecute the dependency and neglect case at that point in time? because the county has already said we don't believe there's a case. So, yeah, thank you.

Senator Kirkmeyersenator

So one of the things that I'm struggling with, too, is that ORPC's estimates here don't necessarily seem to jive with OCR's estimates, right? Both of these agencies are involved in these in some case, and my understanding is that OCR believes that there would be a minimal, if not maybe minuscule and absorbable amount of increase. So maybe you can speak a little bit to that, how these two agencies, both of them can't be right, it seems to me.

Senator Mobleysenator

Mr. Thompson. Thank you, Madam Chair. Representative Brown, I think that there is a fundamental disagreement between the two agencies on what the impact is actually going to be. As you can tell, I kind of tend to agree with ORPC. And I think that really where the fundamental disagreement is, is whether or not Council for Youth ever had this authority. I think OCR believes they always had this authority. And I agree with the Supreme Court and ORPC. that they never had this authority. And so there was never costs that were added for ORPCs to contractors to work, dependency and neglect cases that were being objected to by Council for Youth.

Senator Kirkmeyersenator

Red Brown. Thank you, Madam Chair, and thank you, Mr. Thompson. I guess I just am struggling with ORPC's assessment here, especially since it took a court case for whether the, independent of whether the Supreme Court accurately interpreted the law, let's assume that they did, the assumption prior to that, I think, was that youth did have this ability, and so therefore this was already happening. And therefore, it seems to me that not only did they not include it in their reductions, but they also did not, that there seems to be no basis for them to add a cost for something that basically was already happening. So I guess I just fundamentally disagree with that read there, but I certainly appreciate your perspective and your analysis.

Senator Mobleysenator

Yes, and one thing that I just wanted to be clear on was that when we were presented with this particular reduction, because I think what I've been told is ORPC has asserted that this reduction, that they requested it as a reflection of that case. And that what we are clear on is that is not true, not what happened, and if that is something that they are representing, that they should stop doing that. Madam Chair, I double-checked with ORPC earlier this week, and they said absolutely did not factor in the RMP decision into this decrease. Their decision item narrative makes no mention of it. OCR's decision item does mention it, though. And so based on just those facts, I would say that this request does not factor it in.

Senator Kirkmeyersenator

Okay.

Senator Mobleysenator

Thank you. All right. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move Staff Rec ORPC R1BA1.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. That takes us to line item detail. Madam Chair. Representative Brown.

Senator Kirkmeyersenator

As we go into line item detail, I wonder if you could tell me where a department, where ORPC might include a budget for, well, WELL THERE HAVE BEEN I WOULD SAY A CONCERNING THERE A CONCERNING REPORT that I have been given that that ORPC may have flown in an outside a person from outside of the state to testify against legislation in this in the legislature And independent of whether that is allowable legally or not, I wonder if you could point me to the, to the place where that would be covered under their budget.

Senator Mobleysenator

Give me just a minute to think about it. It would either be in operating expenses as like some sort of, you know, contract expense, or in personal services as a professional contract expense. I think those would be the most likely places that that would show up. They also have the parent advocates line item that really helps the parent advocates. I don't know if this person could have been considered a parent advocate, AND MAYBE IT COULD COME FROM THERE. THAT'S REALLY MY TAKE ON IT. BUT IT REALLY IS A GUESS FOR ME AT THIS POINT IN TIME. OKAY, THANK YOU.

Senator Kirkmeyersenator

I MIGHT ASK YOU TO INVESTIGATE THAT A LITTLE BIT MORE. I DON'T KNOW IF WE NEED TO INCLUDE A FOOTNOTE. IT CERTAINLY IS APPROPRIATE FOR AN AGENCY TO COME TO THE LEGISLATURE AND VOICE THEIR OPINION. I WOULD NEVER WANT THEM TO DO THAT. IT IS ALSO CERTAINLY IMPORTANT FOR FOLKS, FOR THE AGENCY TO WORK WITH FOLKS WITHIN STATE. I think what I object to is the idea that an agency might be using state funds to fly in people from outside of the state in order to testify on particular pieces of legislation, especially when we have remote testimony in our committees. So I might be interested in some sort of footnote that would indicate that that was not acceptable for this particular agency.

Senator Mobleysenator

WELL, MAYBE WE CAN APPROVE THE LINE ITEM DETAIL, AND IN THE MEANTIME, MR. THOMPSON, YOU MIGHT CONFIRM WHETHER OR NOT THAT EXPENDITURE WAS MADE, AND IF IT WAS, THEN WE CAN REVISIT THE LINE ITEM DETAIL. Madam Chair, if we went down the path of the footnote, I would probably recommend putting it on the agency line item instead of a specific line item because then it would apply to all the line items. But I'll do some more investigation and put together a comeback on that for you guys. And I would encourage, like if I have been given incorrect information and the agency would like to clarify publicly either with me personally or on the record, I would certainly welcome that. So I apologize if I misunderstand what has gone on, but just want to make sure that we are using our state dollars appropriately.

Vice Chair Bridgesassemblymember

All right. Vice Chair Bridges. Thank you, Madam Chair. I move line item detail and base appropriation for ORPC.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0. So that takes us to the Office of the Child Protection Ombudsman on page 74. In 2526, OCPO did allocate $20,000 general fund from its operating budget to hire a contract lobbyist. It also relies on the Ombudsman and Deputy Ombudsman to fulfill any needs arising from the General Assembly. THE OFFICE OF CHILD PROTECTION OBUDSMAN DID NOT MAKE ANY BUDGET REQUESTS THIS YEAR, AND SO IT'S JUST ANNUALIZATIONS AND LINE ITEM DETAIL. THANK YOU, MADAM CHAIR. I MOVE LINE ITEM DETAIL AND BASE APPROPRIATION STAFF REC FOR OFFICE OF THE CHILD PROTECTION OBUDSMAN ARE THERE ANY OBJECTIONS THAT PASSES ON A VOTE OF 6 TO 0 For Office of the Child Protection Ombudsman Are there any objections That passes on a vote of 6 Okay, that takes us to the Independent Ethics Commission on page 77. The Independent Ethics Commission currently neither contracts with a lobbyist nor maintains one on staff. They really only have one and a half people working there.

Ms. Bickleother

so you might see the director testifying on behalf of bills that impact his agency. The first request from the Independent Ethics Commission starts on page 77. This is adding .5 FTE investigators to make their whole agency a whopping two FTE. Staff recommends that the committee approve the requested change. I am also recommending approving the typical common policy line items that we don't include with FTE counts this small just because the Independent Ethics Commission budget is so small. I really think that the complaints in running average graphs I put on page 78 kind of tell the story that as more people know about what the Independent Ethics Commission does, IT'S SEEING MORE ACTIVITY IN MORE CASES, AND IT NEEDS MORE SUPPORT. AND SO I'M RECOMMENDING THE COMMITTEE APPROVE THAT REQUEST.

Senator Mobleysenator

VICE CHAIR BRIDGESS.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. I MOVE STAFF RECOMMENDATION IECR 1.

Senator Mobleysenator

ARE THERE ANY OBJECTIONS? THAT PASSES ON A VOTE OF 6-0. OH, I'M SO SORRY. THIS JUST HAPPENED. 5-0 WITH A MOBLE EXCUSED.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR.

Ms. Bickleother

AND ANOTHER SMALL REQUEST FROM IEC, THIS IS ON PAGE 79. THERE ARE TWO IS IT ACCESSIBILITY MAINTENANCE CONTRACT. A COUPLE YEARS AGO THE COMMITTEE APPROVED SOME FUDDING TO ALLOW IECs TO HIRE A CONTRACTOR TO GET THEIR WEBSITE IN ORDER TO COMPLY WITH 211110, THE IT ACCESSIBILITY BILL THAT'S BEEN DRIVING COSTS ALL OVER THE STATE. THAT'S BEEN COMPLETED BUT THERE IS GOING TO BE A MAINTENANCE CONTRACT SO THAT NEW DOCUMENTS THAT GET ADDED TO IT CONTINUE TO MAINTAIN THEIR ACCESSIBILITY. AND SO THAT'S AN INCREASE OF $12,000. AND I'M RECOMMENDING THAT THE COMMITTEE APPROVE THE REQUEST.

Senator Mobleysenator

VICE CHAIR BRIDGES.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. I MOVE STAFF RECOMMENDATION IECR 2.

Senator Mobleysenator

ARE THERE ANY OBJECTIONS? THAT PASSES ON A VOTE OF 5-0 WITH A MOBILE EXCUSE.

Ms. Bickleother

AND THAT TAKES US TO LINE ITEM DETAIL. THEY HAVE TWO LINE ITEMS, AND I DIDN'T HAVE ANYTHING TO FLAG FOR YOU THERE.

Senator Mobleysenator

VICE CHAIR BRIDGES.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. I move line item detail and base appropriation staff recommendation, IEC.

Senator Mobleysenator

Are there any objections? That passes on a vote of 5-0 with a mobla excused. Okay.

Ms. Bickleother

That takes us to the Office of Public Guardianship on page 83. The Office of Public Guardianship currently neither contracts with a lobbyist nor maintains one on staff, but like the other agencies, we'll use existing staff to testify on bills. OPG's R1 is on page 84. It's a request for two guardians to allow OPG to continue its expansion into new judicial districts. OPG is prioritizing the districts that have the most unmet need. and this will allow OPG to go from serving three to five districts It general fund in the first year and in out years Assuming the committee does not want to pause program expansion, I'm recommending the committee approve the request. I think this is a reasonable approach to expansion. On page 85, I've provided a summary of what that expansion plan most updated is to meet the mandate to reach all statewide districts by fiscal year 30. And so they'd be adding two this year, nine next year, and 12 the following year. And so I think what's really important for the committee's decision here is you all, General Assembly needs to be prepared to grant that extra $9 million over the next three fiscal years on addition to what is being appropriated and asked for now, because otherwise it should cause expansion and do that through legislation. NEW SPEAKERS OF THE COST ASSESSMENT. IT'S BECAUSE OF THEIR OFFICE OF PUBLIC GUARDIANSHIP CASH FUNDS. SO THEY CHARGE SOME TO THAT TO PAY FOR ADMINISTRATIVE COSTS. AND SO THERE'S DISCUSSION LATER ABOUT THE INDIRECT COST ASSESSMENT. THIS IS REALLY THE ONLY PLACE IT SHOWS UP. AND SO I JUST FIGURED IT WAS EASIER TO FLAGATE HERE THAN LATER.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES. THANK YOU, MADAM CHAIR. I MOVE LINE OF DETAIL AND BASE APPROPRIATION FOR OPG.

Senator Mobleysenator

ARE THERE ANY OBJECTIONS? THAT PASSES ON VOTER 6-0.

Ms. Bickleother

Getting into the home stretch. This is the, we're on page 88, Commission on Judicial Discipline. This is staff initiated, oh, sorry. First, the Commission on Judicial Discipline does not currently contract with lobbyists or maintain one on staff. On page 89 is staff initiated number three. This is a recommendation to transfer $400,000 from the Judicial Discipline Special Cash Fund to the General Fund. This one cannot be included in the regular, like, general transfers bill, because statute requires that this fund maintain at least a $400,000 balance. It currently has about $462,000 in it. I discussed this request with the agency, and they were comfortable with the committee taking staff recommendation. HAVING ABOUT THAT 62 OR A LITTLE BIT MORE BASED ON INTEREST GIVES THEM THE ABILITY TO INITIATE ANY DISCIPLINE INVESTIGATIONS THAT ARE NEEDED. AND THEN I'VE WALKED THEM THROUGH THE PROCESS OF REQUESTING EITHER A 1331 OR REGULAR SUPPLEMENTAL IF ONE OF THESE BIGGER JUDICIAL DISCIPLINE SITUATIONS ARISES. REALLY THE FUND IS THERE JUST IN CASE SOMETHING COMES UP, BUT BECAUSE STATUTE REQUIRES IT TO HAVE AT LEAST A $400,000 GENERAL FUND BALANCE, I'M RECOMMENDING THAT THE COMMITTEE RUN LEGISLATION TO REMOVE THAT AND ADDRESS THEM ON AN AS NEEDED BASIS.

Senator Mobleysenator

Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff initiated three, the transfer and the legislation.

Senator Mobleysenator

Are there any objections? That passes on a vote of six to zero.

Ms. Bickleother

And we have line item detail for judicial discipline.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move line item detail based procreation staff rec for office of judicial discipline.

Senator Mobleysenator

Are there any objections? That passes on to vote 6-0.

Ms. Bickleother

Next up, bridges for Colorado.

Vice Chair Bridgesassemblymember

The other bridges. Of Colorado, not four. Very different.

Senator Mobleysenator

Anything to note for us?

Ms. Bickleother

17-6. They're continuing to work with all of their districts. Everything in here is annualizations of prior legislation, and they do not have a lobbyist, but again, their staff comes and testifies when needed.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move staff rec line in detail base appropriation, Bridges of Colorado.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Ms. Bickleother

The one other thing, I will flag it here before moving on, but it can take is actually, no, that's in Asia. My bad. We'll move on to the Office of Administrative Services for State Agencies on page 101. OASIA doesn't currently contract with a lobbyist or maintain one on staff. They did not submit any decision items this year, but the one thing I did want to flag... Oh, I do have the staff initiated. So there's the staff initiated for on page 102. This actually kind of came through as an unofficial request from the agency, but this is for a footnote providing roll forward authority of a 25, 20 of two 25, 26 appropriations that total $50,000. This is for the comprehensive study of OASIA that's required by statute that's going to help support continued operation of Asia and prove that it is driving efficiencies, hopefully. And then $30,000 is for, sorry, $30,000 is for that and then the other is for cybersecurity insurance. So I'm recommending that we include this footnote and provide that authority.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. I move Staff Initiated 4.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Ms. Bickleother

Yeah, there is. On page 110, I wanted to just stop real quick. This is where the appropriation for the competency and behavioral health hub is. I'm recommending that it maintain that consistent $100,000 appropriation It's really going to be a couple years until the data starts being able to be used in a meaningful way But since it came up during Ms. Pickle's presentation I wanted everybody to know where that appropriation exists And so we'll move on to page 112

Senator Mobleysenator

Oh, can we misline item detail for OASIA?

Vice Chair Bridgesassemblymember

CHAIR BRIDGESS MR THANK YOU MADAM CHAIR I MOVE LINE OF DETAIL AND BASE APPROPRIATION FOR OFFICE OF ADMINISTRATIVE SERVICES FOR STATE AGENCIES CHAIR BRIDGESS CHAIR BRIDGESS Thank you Madam Chair I move line of detail and base appropriation for Office of Administrative Services for State agencies Are there any objections That passes on a vote of 6 to 0

Ms. Bickleother

Okay, so that brings us to page 112, Office of Judicial Discipline Ombudsman. It's awkward to talk about this one because it's not really a request that was submitted by anybody. OASIA GAVE IT TO US, BUT THEY EXPLAINED THAT THEY JUST FELT THAT SINCE IT WAS A ONE-TIME BUDGET REDUCTION LAST YEAR THAT THEY WOULD ANNUALIZE IT OUT ON BEHALF OF THEM. THIS WAS KIND OF FRUSTRATING FOR ME. I'M RECOMMENDING THE COMMITTEE RUN LEGISLATION TO REPEAL THIS OFFICE. I REACHED OUT TO REPRESENTATIVE BACON WHO FOICED HER CONCERN ABOUT THIS PROGRAM DURING THE BUDGET MEETINGS WITH JOINT JUDICIARY AND I NEVER GOT A RESPONSE. I NEVER GOT A MEETING. SHE'S THE ONLY MEMBER THAT WAS A PRIME SPONSOR OF THE ORIGINAL LEGISLATION THAT'S STILL A MEMBER OF THE GENERAL ASSEMBLY. AND SO I FEEL LIKE MY ONLY OPTION IS REALLY TO RECOMMEND REPEALING IT.

Senator Mobleysenator

WELL, THAT'S FINE. WE CAN STILL REDUCE THE FUNDING. WE CAN, WE COULD RUN THE LEGISLATION IF IT DIES, WE'VE STILL REDUCED THE FUNDING, YES?

Ms. Bickleother

CORRECT.

Senator Mobleysenator

VICE CHAIR BRIDGES.

Vice Chair Bridgesassemblymember

THANK YOU, MADAM CHAIR. I MOVE STAFF RECOMMENDATION. or R1, which includes the legislation to repeal and to zero out the funding.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Ms. Bickleother

I don't know if that's going to be successful, but it's been – I feel like we've communicated that people want this to be stood up. We've done everything we can. They have to do things to stand it up, and nothing's happened. Madam Chair, I would like to clarify since the discussion happened. Should I, would the committee prefer that I make the reduction in the long bill no matter what? Yes.

Senator Mobleysenator

And then whatever happens with the legislation happens with the legislation? Yep. Yes.

Ms. Bickleother

Okay.

Senator Mobleysenator

Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Thank you, Madam Chair. At this point, do we move line item detail and base appropriation?

Senator Mobleysenator

I mean, we're. I think that will confirm what I just asked.

Ms. Bickleother

Staff recommendation. which is zero.

Senator Mobleysenator

Are there any objections? That passes on a vote of six to zero.

Ms. Bickleother

So this is Longville footnotes and requests for information, page 115. I'm recommending continuing most of the footnotes and requests for information. There is the additional one that I talked about in the OASIA office. But other than that, the footnotes are granting authority for many of the independent agencies to move a small amount of funds between line items if they encounter difficulties making their needs met with the current appropriations. BUT ALONG WITH THOSE REQUESTS FOR INFORMATION THAT I REVIEW EVERY YEAR AND I MAKE SURE THAT THEY'RE NOT ABUSING THOSE. AND IF THEY EVER FEEL LIKE THEY ARE ABUSING THEM OR MISUSING THEM FROM WHAT THE COMMITTEE DESIRES, I'D BRING THEM TO YOUR ATTENTION. I NEED TO RECOMMEND DISCONTINUING THAT TRANSFER AUTHORITY OR MAKE SOME OTHER RECOMMENDATION.

Senator Mobleysenator

VICE CHAIR BRIDGESS.

Vice Chair Bridgesassemblymember

Thank you Madam Chair I move Longville footnotes and requests for information Staff rec Are there any objections That passes on a vote of six to zero So I did mention on page 118 the indirect cost assessments Most of the agencies get primarily general funds so don use indirect costs to offset their general fund expenditures except for that one example

Ms. Bickleother

AND THEN ON PAGE 119, THE ONLY ITEM I REALLY HAD EXTRA TIME TO PUT IN HERE WAS TO DELAY THE OPG EXPANSION. BASED ON YOUR VOTE, I DON'T THINK YOU WANT TO TAKE THAT. I WILL BE TRYING TO COME UP WITH SOME OTHER OPTIONS BEFORE WE GET TO REAL BALANCING NEXT WEEK. AND OTHER THAN THAT, THAT'S ALL I HAVE PREPARED FOR YOU, COMMITTEE, AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS.

Senator Mobleysenator

All right. Anything else for Mr. Thompson? All right.

Ms. Bickleother

Thank you.

Senator Mobleysenator

All right. I think we have two short staff comebacks, and then we're done.

Representative Taggartassemblymember

Rep Taggart?

Senator Mobleysenator

Madam Chair, before Mr. Thompson leaves.

Ms. Bickleother

Mr. Thompson.

Senator Mobleysenator

Wait.

Representative Taggartassemblymember

Scott. I just wonder, given the fact that Mr. Thompson brought us to our attention that we're going to take four counties and go to six counties, it's a pilot program. And whether we ought to have an RFI that just kind of summarizes that pilot program to date of how effective has it been?

Ms. Bickleother

MR. THOMPSON. THANK YOU, MADAM CHAIR. I COULD PUT TOGETHER AN RFI FOR OFFICE OF PUBLIC GUARDIANCE THAT KIND OF HAS THE CHECK IN ON WHERE THEY'RE AT NEXT NOVEMBER, AND I'LL PRESENT THAT AS A COMEBACK FOR YOU ALL.

Senator Mobleysenator

OKAY. THANK YOU. ALL RIGHT. MS. KANAGARAJA, WHENEVER YOU'RE READY, TAKE YOUR TIME. Do we have a thing?

Senator Kirkmeyersenator

There's a yellow.

Senator Mobleysenator

Okay, I don't have it.

Senator Kirkmeyersenator

It's in the tab three.

Senator Mobleysenator

Oh, I mean, you have it.

Senator Kirkmeyersenator

Okay, sorry.

Senator Mobleysenator

Thank you. Ms. Kanagaraja.

Senator Kirkmeyersenator

Thank you. Phoebe Kanagaraja, JPC staff here to present a quick comeback from early childhood. We had tabled a vote and a decision on the statewide R6 discontinued child care services and substance use disorder treatment pilot. This is the program that provides mobile child care to parents who are in a substance use disorder treatment program. The question that the committee had asked that staff need to take back is whether the general fund for this program could be decreased without needing a bill. I needed to confirm that statute didn't require any specific level of funding go to this program, and it doesn't. So the committee could decrease some amount of general fund to the program without needing legislation. And so I've listed out the three different options. THE FIRST ONE IS STILL STAFF RECOMMENDATION TO RUN A BILL TO END THIS PROGRAM TWO YEARS EARLY, WHICH WOULD RESULT IN A REDUCTION OF 500 GENERAL FUND THE COMMITTEE COULD ALSO TAKE OPTION TWO WHICH IS TO ELIMINATE ALL GENERAL FUND BUT KEEP THE PROGRAM IN STATUTE BUT THAT DOESN REALLY DO ANYTHING AND THEN OPTION THREE WOULD BE TO TAKE ANY LOWS The committee could also take option two which is to eliminate all general fund to keep the program in statute but that doesn really do anything And then option three would be to take any level of reduction Here I list 50 which is about 250 general fund and keep the program in statute for the next two years The impact of option three, a 50% reduction, is that one of the three sites, the Denver Metropolitan State, would stay open. If Illuminate Colorado, which is the program that runs this, is able to find alternative funding, they would then keep a second site open with whatever money they can find.

Senator Mobleysenator

Anybody have a preference? I don't want to run the legislation. No, it would be two or three. It would be two or three. I just think if they're able to get the grant funding, I would rather leave it there in statute. You think they don't need statute for the grant funding?

Senator Kirkmeyersenator

No, Madam Chair, they don't need. The statute lets them receive state grant funding, but they wouldn't need that section of statute to get the opioid abuse funding that they're looking for. And then statute also lets the department seek gifts, grants, and donations on behalf of this program, which the department is not currently doing. Statute also requires the program to report to the General Assembly annually on its progress. And so really option two just continues their annual reporting to the General Assembly.

Vice Chair Bridgesassemblymember

VICE CHAIR BRIDGES. DON'T MAKE ME CHOOSE BETWEEN TWO AND THREE. ARE WE ON TWO? I MOVE STATEWIDE R6 STAFF REC NUMBER TWO.

Senator Mobleysenator

ARE THERE ANY OBJECTIONS? THAT PASSES ON A VOTE OF 6 TO 0.

Senator Kirkmeyersenator

Thank you.

Senator Mobleysenator

Mr. Dermody.

Senator Kirkmeyersenator

Thank you, Madam Chair. Tom Dermody, Joint Budget Committee staff. The second comeback for you, this was an item that was omitted, intentionally omitted from the Operating Common Policies figure setting that was presented to you on February 5th. Prior to the development of that document, I was informed by the Department of Personnel and the Office of State Planning and Budgeting that there was some confusion and communication difficulties with their federal partners regarding the statewide indirect cost plan. And as such, I didn't have any numbers to present at that point, so I knew I was going to be doing a comeback. Subsequent communications with the department and OSPB has indicated that while they continue to hash out those confusions and communication difficulties with the federal government, we should continue to use last year's statewide indirect cost assessment numbers So this is staff's recommendation to do that. There is no change from the prior year. We'll just use these numbers again.

Senator Mobleysenator

Is that because those people at the federal level got dozed out, or there's just a lot of back and forth?

Senator Kirkmeyersenator

Curious. Madam Chair, my understanding is that there was some personnel turnover at the federal level that caused the inability for our state staff to have open communication with their federal partners on this.

Senator Mobleysenator

Okay. Vice Chair Bridges.

Vice Chair Bridgesassemblymember

Ambassador Dermody. Thank you, Madam Chair. I move the Ambassador's staff recommendation.

Senator Mobleysenator

Are there any objections? That passes on a vote of 6-0.

Senator Kirkmeyersenator

Thank you, committee.

Senator Mobleysenator

All right. Director Harper, anything else for us? Or have we done enough this week?

Senator Kirkmeyersenator

Madam Chair, I think you've done plenty this week. I'd like to thank our staff for what they've put you through over the last several weeks. You have one more day of staff figure-setting presentations. That's Monday. But you are through all of your departmental figure-setting discussions at this point. Monday is Common Policies, and then we will go into comebacks and balancing.

Senator Mobleysenator

but that is it for today and this has been a long week so I hope everyone has a great weekend Okay All right The Joint Budget Committee will stand in recess Okay. Thank you. Thank you.

Source: Joint Budget Committee [Mar 13, 2026 - Upon Adjournment] · March 13, 2026 · Gavelin.ai