Colorado budget writers quietly gave Gov. John Hickenlooper’s administration the authority to spend $3 million to stave off closure of a Burlington private prison that is struggling as its inmate population declines.

The last-minute move angered some lawmakers Thursday and drew criticism about spending tax dollars to benefit a private, for-profit prison — angst that is now jeopardizing the $25.8 billion state budget ahead of Friday’s deadline for passage.

The cash infusion would increase how much the state pays Corrections Corporation of America to house inmates, allowing the company — the largest of its kind in the country — to keep open Kit Carson Correctional Center in eastern Colorado.

Hickenlooper’s administration said the closure of a prison in a rural community would have serious repercussions.

The governor’s budget director, Henry Sobanet, said he understood why the request was sparking criticism, especially when the budget is tight, but that “given the seriousness of a potential closure in a rural community,” the governor’s office found it necessary.

But Democratic lawmakers and critics of the private prison system are skeptical about the request.

“They have a pattern of threatening to close prisons, to declare an emergency to get a bailout from taxpayers,” said Christie Donner, director of the Colorado Criminal Justice Reform Coalition. “This is Chapter 2 of the same crap.”

It’s the second bailout for CCA in recent years after lawmakers gave the company $9 million in 2012 to keep the Burlington facility open.

CCA officials informed the Hickenlooper administration in mid-March that they may close the prison — which employs 130 people — amid negotiations on the annual contract that starts July 1.

CCA officials did not provide an interview, but in an emailed statement characterized the negotiations as an “ongoing conversation.” Spokesman Jonathan Burns said the company is working toward a “flexible solution” to keep three viable prisons in Colorado. CCA has two besides Burlington — in Las Animas and Olney Springs. In all, there are 24 state prisons.

The $3 million would come from $5.7 million set aside in the state budget for the Department of Corrections in case the prison population increases faster than current forecasts.

If the prison closes, the state will need to find housing for its 580 inmates — and most would probably go to other CCA facilities, meaning the company would still get state money for housing the prisoners without the overhead of operating an additional prison.

The administration is considering a recommendation to eventually stop sending inmates to the Kit Carson facility. But with state forecasts showing an increase in the prison population the near future, now is not the right time, lawmakers said.

“If we allowed it to close today, we would probably need that capacity sometime before we could fully implement this (realignment) plan,” said Sen. Pat Steadman, a Denver Democrat and veteran budget writer. “This is the only big employer out there. Most of those workers would leave Burlington and the prospect of reopening it would be difficult and expensive.”

The economic impact in a rural community is driving the quick action from lawmakers. “It is basically the only non-agricultural industry on the Eastern Plains,” said Sen. Kent Lambert, a top Republican budget writer from Colorado Springs. “It’s hard to have this transition with no notice on closing it. It’s not so much what you do, it’s when you do it.”

The Hickenlooper administration’s conversations with CCA took place in the background as lawmakers crafted the final budget bill but the request only came at the very end as a six-member conference committee reached a final deal Wednesday.

“We have known about this for a little while, but yesterday was the first time members of the caucus have heard about the problem,” Steadman said.

Senate Democrats are particularly angered by the request and the frustration spilled into a caucus meeting Thursday.

“I’d love to make a stand,” said Sen. Rollie Heath, a Democratic leader. But, he added, “I don’t think this is where you do it.”

“I think it’s a game changer,” said Sen. Andy Kerr, D-Lakewood.

The Senate approved the budget bill in a 30-5 vote, with four Republicans dissenting, but if Democrats join the opposition it may threaten the spending measure’s passage.

If the private prison company doesn’t get the money, argued Sen. Irene Aguilar, D-Denver, it’s not the Democrats’ fault if the facility closes — it’s the Republican leaders who refuse to consider a bill to reclassify the hospital provider fee, which would open more room for spending in the budget.

“I don’t want us to lose jobs in Burlington,” she said. “We have other money available, but the only reason we don’t have it available is because they signed a pledge to the Koch brothers.”

Her remark references opposition to the hospital provider fee bill being led by Americans for Prosperity, a conservative advocacy organization backed by the billionaire businessmen David and Charles Koch.

GOP Senate President Bill Cadman took offense to Aguilar’s suggestion about the ties between the party’s opposition to the bill and the lobbying from the Koch-backed group.

The Colorado Springs lawmaker suggested that Aguilar, a doctor, opposed the money because it is going to a Republican part of the state. “Apparently, the Hippocratic oath doesn’t prevent a doctor/senator from lying to the public,” he said in a statement. “The $3 million of prison funding is already included in the $27 billion budget for 2016-2017; this is a fact.”

Sen. Nancy Todd, D-Aurora, echoed the idea and put the onus on the governor’s office.

“They are the ones that have been pushing for the hospital provider fee from the beginning, so how hard are they fighting?” she asked.

The discord forced the Senate to layover the budget conference committee report until Friday — the self-imposed deadline for passage in both chambers. The delay may force lawmakers to request an extension, which is permitted.

In 2012, as prison populations in the state declined for the first time in 40 years and CCA warned it might shut down a prison, Colorado lawmakers guaranteed the state Department of Corrections would pay the company for 3,300 inmate beds. Donner called the arrangement “padding the budget” and “gouging taxpayers.”

The 3,300-inmate guarantee was in place until June 2013, and the number of inmates in CCA prisons hovered just above 3,300 until then.

After the slaying of corrections chief Tom Clements by a paroled inmate in March 2013, prison populations rose in the short term. But in the last year, Colorado’s inmate population has dropped by about 1,000 people.

“One of the impacts of reform is that your prison population will decline, and that’s a good thing,” Donner said.

When Colorado contracted with its first private prison in 1993, companies told lawmakers they were a zero-risk investment and that the state would pay only for the beds it needed, she said.

Earlier this week, CCA announced it had purchased Correctional Management Inc., a private company that runs seven halfway houses in Colorado with 605 beds.

Jennifer Brown: 303-954-1593, jenbrown@denverpost.com or @jbrowndpost