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JBC seeks legislation to set guardrails for CBI DNA retesting and address evidence backlog
Summary
The Joint Budget Committee asked JBC staff to draft legislation to establish spending guardrails, reporting and authority for external contracting to address DNA retests and a backlog of unprocessed sexual‑assault evidence at the Colorado Bureau of Investigation.
The Joint Budget Committee discussed a multi‑million dollar appropriation originally provided to the Colorado Bureau of Investigation (CBI) to cover district‑attorney reimbursements and DNA retesting related to a high‑profile public‑integrity review. JBC staff reported uncertainty about how the appropriation had been used and said better fiscal guardrails and transparency were needed.
Alfredo Kim, JBC staff, told the committee the original roll‑forward request covered $7.4 million in general fund appropriations from FY 2023‑24, split roughly between DA reimbursements ($4.4M) and DNA testing/reimbursements ($3.0M). Staff reported the CBI’s expansive quality review completed in December 2024 identified about 1,003 affected cases; staff said actual retests sent to external labs numbered 37 to date with an average external lab cost of about $1,600 per case, while internal retesting using CBI staff had cost roughly $482,000 for about 11 internal retests (an average that staff described as unusually high per case). JBC staff concluded the original appropriation was substantially larger than demonstrated needs and recommended tightening spending and establishing clearer expectations.
Committee members voiced urgency about the backlog of untested sexual‑assault kits and slow turnaround times for kit processing. Members asked how quickly external labs could be used to reduce turnaround time and what that would cost. JBC staff recommended a legislative approach that would (a) authorize specific spending for external contract labs to accelerate backlog work, (b) establish clearer appropriation amounts for retesting and DA support (for example, staff suggested $1 million per year per entity as a starting point), and (c) create reporting and guardrails on internal vs. external testing. Representative Serota moved that staff draft a bill to set those guardrails and provide authority to spend on backlog reduction; the motion carried 6 to 0.
Why it matters: Staff said the appropriation made in 2023‑24 was overgenerous relative to actual testing and reimbursement needs and that internal retesting practices risk diverting analytical capacity from other backlogged evidence, including sexual‑assault kits. The committee asked staff and the department to produce an expenditure plan and to craft statutory language enabling targeted use of contract labs and reporting requirements.
