Each entry includes a link to the original "Recommendation Text", its Commission member "Votes", and its implementation "Status", and, where applicable, any "Related Bill" connected to the recommendation. If the "Recommendation Text" link is not available, please see the relevant
annual report for the full text of the recommendation.
FY13-CS03 ELIMINATE COLORADO'S EXTRAORDINARY RISK STATUTE
Partial Implementation
Colorado's Revised Statutes pertaining to Crimes of Violence, Extraordinary Risk Crimes, and Aggravated Ranges are complex, convoluted and often duplicative. The CCJJ Comprehensive Sentencing Task Force recommends the following changes:
- Eliminate Extraordinary Risk (18-1.3-402(10)) and move child abuse (18-6-401(1)(a);(7)(a)(I) and 18-6-401(1)(a);(7)(a)(III) and 2nd and subsequent stalking (18-3-602(3)(b)) to the Crime of Violence Statute (18-1.3-406) and strike 18-3-602(5) as follows:
If, at the time of the offense, there was a temporary r permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person prohibiting the behavior described in this section, the person commits a class 4 felony. In addition, when a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentence imposed for the violation pursuant to this subsection (5) shall run consecutively and not concurrently with any sentence imposed pursuant to this section 18-6-803.5 and with any sentence imposed in a contempt proceeding for violation of the court order.
2. Change Crime of Violence and mandatory minimum (18-1.3-401(8)) ranges to set to the minimum of the presumptive range.
3. The upper end of the sentencing ranges for Crimes of Violence mirrors the current upper end ranges in the statute.
Recommendation Text
Votes
Status
Related Bill
FY13-CS04 EXPAND THE AVAILABILITY OF ADULT PRETRIAL DIVERSION OPTIONS WITHIN COLORADO'S CRIMINAL JUSTICE SYSTEM.
Implementation Complete
The Comprehensive Sentencing Task Force recommends enhancing the availability of pretrial diversion options throughout the state, as well as developing appropriate funding alternatives, by:
1. Replacing the existing deferred prosecution statute (C.R.S. 18-1.3-101) with the three statutory sections proposed below.
2. Amending the Victim's Rights Act to ensure victims are able to provide input to the pretrial diversion decision.
Recommendation Text
Votes
Status
Related Bill
FY12-CS01 REMOVE WALKAWAY ESCAPES AS ELIGIBILITY FOR HABITUAL CRIMINAL SENTENCING
Implementation Complete
Add the following subsection to CRS 18-1.3-801:
(2.6) THE PROVISIONS OF PARAGRAPHS (1.5) AND (2)(A) SHALL NOT APPLY TO A CONVICTION OF FELONY ESCAPE PURSUANT TO SECTION 18-8-208(1), (2) AND (3) OR FOR A CONVICTION OF ATTEMPT TO ESCAPE PURSUANT TO SECTION 18-8-208.1(1), (1.5) AND (2) UNLESS THE PLACE OF CUSTODY OR CONFINEMENT IS A CORRECTIONAL FACILITY AS DESCRIBED IN SECTION 17-1-104.3 OR FROM INSIDE A COUNTY JAIL FACILITY OR FROM TRANSPORT IN PHYSICAL CUSTODY.
Recommendation Text
Votes
Status
Related Bill
FY11-CS01 TO REDUCE "DESIGNER CRIMES"
Implementation Complete
Require that Legislative Council provide additional information in fiscal notes provided to the general assembly when a bill creates a new criminal offense, increases or decreases the crime classification of an existing criminal offense, or changes an element of an existing offense in such a way that the offense would create a new factual basis for the offense. The additional information provided in the fiscal note would include:
1. The unique elements of the proposed crime;
2. Whether the offense proposed in the legislation can already be charged under current law;
3. Whether the crime classification and potential penalty proposed in the bill is appropriate given other offenses of a similar type; and
4. The anticipated prevalence of the behavior the proposed legislation is intended to address.
Recommendation Text
Votes
Status
Related Bill
Recommendation TASK FORCE: ComprehensiveSentencingTF