In order to reduce potential for over-supervision in probation, there should be a standardized process within Colorado Probation among all judicial districts to ensure a transparent, consistent and timely review of each adult case for early termination. Following these recommendations (Appendix A) is a list of technical considerations and areas that will need to be addressed by a working group for this process to be successful. Recommended aspects of the standardized process include: Process Development, Policy and Standards, Structured Tools, Specialized Intensive Programs, Stakeholder Education, Victim Notification, Training, Quality Assurance and Implementation.

[See the "Recommendation Text" for Appendix A: Technical Process Areas to be Addressed.]

Amends and appends multiple provisions of statute related to felony crimes, including revisions of post-conviction review and sentence reconsideration. This recommendation comprises three elements that each include a Description, a Discussion and Proposed Statutory Language for the following:

- ELEMENT 4.1. Mandatory Consecutive Sentencing and Post-Conviction Review [p. 1-4] includes revisions and/or amendments to §18-1.3-406 and §24-4.1-302/§24-4.1-302.5, C.R.S.

- ELEMENT 4.2. Habitual Sentences [p. 4-6] includes revisions and/or amendments to §18-1.3-801 and §24-4.1-302/§24-4.1-302.5, C.R.S.

- ELEMENT 4.3. Extraordinary Risk [p. 6-7] includes revisions and/or amendments to §18-1.3-401, C.R.S.

[See the "Recommendation Text" for the Proposed Statutory Language.]

Amends, appends, deletes and replaces several provisions of statute related to misdemeanor sentencing and offenses. This recommendation comprises three elements with an extensive array of associated statutory revisions and supporting documents:

- Change the misdemeanor sentencing scheme

- Align current misdemeanor crimes

- Reclassify felony offenses

[See the "Recommendation Text" for the complete recommendation and appendix.]

Create, implement, and fund a process that will permit the automatic sealing of criminal conviction records for drug offenses. The State Court Administrator's Office (SCAO), the Colorado Bureau of Investigations (CBI), and each district attorney's office will implement procedures to evaluate cases that qualify for automatic sealing and will automatically seal eligible cases without associated fees, a Motion or a Petition to Seal being filed by the defendant.

 

[See the "Recommendation Text" for a description of the recommended automatic sealing process.]

 

[Statute may require revision to accommodate this automatic sealing process; however, no proposed statutory language was prepared for this recommendation.]

Local pretrial service programs, State Court Administrators' Office and other data repository entities shall gather and submit specific, case and/or person level data elements to the Division of Criminal Justice (DCJ) annually. These data must include distinct performance and outcome measures (the detailed data elements may be found in the FY20-PR#01: ADDENDUM available at the link to "Recommendation Text"). The Division of Criminal Justice in consultation with a statutorily created statewide pretrial services data advisory group (see CCJJ Recommendation FY20-PR#02) will establish the required data elements [Note: The required 1.0 FTE and the one-time appropriation for information technology requirements related to these functions are found in Recommendatiopn FY20-PR#02.].

Amends, appends, or deletes and replaces several sections of statute related to pretrial services and bail/bond. This recommendation combines 14 pretrial and bond-related elements that address:

- pretrial risk assessment (PRA) [ELEMENT 3.1]

- PRA use and data collection [ELEMENT 3.2]

- expansion of pretrial services statewide [ELEMENT 3.3]

- expansion of the use of summons [ELEMENT 3.4]

- bail bond violations [ELEMENT 3.5]

- release conditions [ELEMENT 3.6]

- expedited pretrial release process [ELEMENT 3.7]

- pretrial services funding, standards, assessment and training [ELEMENT 3.8]

- initial bond hearing process and monetary conditions of bond [ELEMENT 3.9]

- public defender and district attorney involvement in bail hearings [ELEMENT 3.10]

- training for pretrial stakeholders [ELEMENT 3.11]

- expedited appeal process [ELEMENT 3.12]

- telejustice program fund [ELEMENT 3.13]

- pretrial community advisory boards [ELEMENT 3.14]

Each "ELEMENT" (3.1 through 3.14) description and Draft Statutory Language can be found in the "Recommendation Text."  

Amend §16-4-103 (3) (b), C.R.S., to require that Pretrial Risk Assessment shall be available and utilized by Judicial Officers in all counties throughout Colorado for purposes of setting bond and establishing conditions of release for felony and misdemeanor level offenses. The court shall not use the results of any such instrument as the sole basis for setting type of bond and conditions of release. Other criteria may include those circumstances contained in §16-4-103 (5), C.R.S.

The following points are offered as basic implementation guidance for the selection, use, and administration of and training on pretrial risk assessment to all Colorado counties and jurisdictions in order to set bond and establish conditions of release for felony and misdemeanor level offenses:

- The Colorado Pretrial Assessment Tool (CPAT) shall be the recommended assessment tool; however, any jurisdiction may utilize an alternative assessment tool to improve pretrial decision making subject to the approval of the Chief Judge of the Judicial District.

- The State Court Administrator is responsible to compile an inventory of approved pretrial risk assessments available and authorized for use in Colorado.

- Any alternative tool approved by a Chief Judge must be empirically developed/validated and consistent with setting the type of bond and conditions of release; however, this does not prohibit a jurisdiction from utilizing additional assessment tools to advance pretrial decisions.

- Any individual authorized to administer pretrial risk assessment for the Court, shall receive introductory training.  

- The Office of the State Court Administrator (SCAO) in consultation with the Colorado Association of Pretrial Service Agencies (CAPS) shall develop and provide standards for training and fidelity measurement of the Colorado Pretrial Assessment Tool (CPAT).  

- If an alternative pretrial risk assessment tool is approved for use by the Chief Judge of a judicial district, the SCAO shall also review and approve any training protocol and plan to ensure measures are in place to measure assessor fidelity to the instrument.  

- In order to preserve neutrality in the assessment process, prosecutors and criminal defense attorneys shall not be authorized to administer a pretrial risk assessment for purposes of setting bond and establishing conditions of release.

Amend §16-4-106, C.R.S., such that pretrial services programs shall exist in all counties in Colorado and the Colorado General Assembly shall create a state formula funding program to incentivize local jurisdictions (counties) to develop and support pretrial programs and services. Jurisdictions without pretrial programs shall be prioritized to receive funding. The recommendation includes these additional elements:  

 - On or before July 1, 2021, pretrial services programs shall be established within each of Colorado's counties. Counties may directly provide pretrial services or enter into agreements with other municipalities, counties or other entities to provide such services.

 - The Office of the State Court Administrator in consultation with the Colorado Association of Pretrial Service Agencies (CAPS) shall develop minimum standards governing the operation of pretrial service programs.   

 - Any pretrial services program established pursuant to this recommendation shall, at a minimum:

 -- provide the Court with an empirically developed and validated pretrial risk assessment for the purpose of setting bond and establishing conditions of release,

 -- provide research-based supervision services to mitigate pretrial misconduct, such as court date reminder notification, and

 -- align with legally- and evidence-informed practices found in the CAPS standards.

Modify §16-4-106, C.R.S., such that pretrial services shall exist in all counties in Colorado and amend §13-6-201 (1) to conform.  A county identified as Class C or D pursuant to §13-6-201, C.R.S., may opt out of state formula funding for the provision of pretrial services and may instead, request that the state judicial department utilize formula funding to provide services on behalf of counties within a judicial district. The recommendation includes these additional elements:

- The judicial department may directly provide services, establish inter-governmental agreements, or contractual agreements necessary to provide services upon request by counties and only upon approval of the Chief Judge of a judicial district.

- In these instances, judicial districts are authorized to use state appropriations to provide pretrial functions upon formal written request by a local government and upon approval of the Chief Judge in each judicial district.

- State judicial shall assure that pretrial services conform to the standards of the State Court Administrators Office and adhere to the underlying purpose of pretrial justice.

Modify §16-4-102 and §16-4-103, C.R.S., to establish, through a locally-determined research-based administrative order, an expedited screening process for persons arrested for an offense committed in that jurisdiction which shall be conducted as soon as practicable upon, but no later than 24 hours after, arrival of a person at the place of detention, allowing for the immediate release of certain low/medium risk persons. If a person does NOT meet the criteria for release as determined by administrative order, the person SHALL BE HELD until the initial court appearance. Also, in §16-4-109, C.R.S., expand the definition of "bonding commissioner."

For individuals who do not meet the criteria for expedited pretrial release (see Recommendation FY19-PR #06), revise the following statutory elements (in §16-4-104, -107, & -109, C.R.S.) related to the initial bond hearing process, including the considerations of the conditions of monetary bond:  

- Assess the person for risk before the hearing, require the court to consider financial circumstances of persons when setting bond, and presume release on bond without monetary conditions unless no reasonable non-monetary conditions will address public safety and flight risk [Element 7.1].

- Require the filing of felony charges within three days, excluding Saturdays, Sundays and legal holidays, unless good cause is shown [Element 7.2].

- Require reconsideration of monetary and/or non-monetary conditions of bond in both felony and misdemeanor cases (a second look) when good cause is shown and expand the definition of bonding commissioner [Element 7.3].

- Create an expedited docket for cases where the defendant is in custody on a monetary bond that he/she has not posted [Element 7.4].

To improve adult pretrial-related services throughout the state of Colorado through education and improved data collection, this recommendation proposes the following:

- Request the State Court Administrator's Office (SCAO) to establish, identify, and develop a core curriculum around the best practices of pretrial and the pretrial process to disseminate to participating stakeholders;  

- Encourage major pretrial stakeholders to participate in new hire and regular pretrial training via the SCAO curriculum. The major stakeholders recommended for inclusion are: Colorado District Attorneys' Council (CDAC), SCAO, State Public Defender, Alternate Defense Council, Pretrial Services, and law enforcement;

- Recommend the SCAO have primary oversight over curriculum development and maintenance, dissemination, and follow-up of individual stakeholder training protocols;

- Recommend the SCAO implement evaluation protocols assessing the effectiveness of pretrial process through appropriate and data collection procedures.

Append §16-4-104, C.R.S., to clarify in statute that a person is entitled to counsel at the initial bail setting hearing. Clarify that counsel shall have adequate time to prepare for an individualized hearing on bail. Retain language that the district attorney has the right to appear and pretrial information shall be shared.

Amend 13-3-101(11), C.R.S., to require that on or before July 1, 2020, the state court administrator shall develop and manage a statewide court date reminder system that:

 - reminds criminal defendants to appear for their scheduled court hearings in the county and district courts of the state (Note: Denver County and Municipal Courts may be excluded from this requirement.), and

 - includes a convenient and regular process to update defendant contact information and provide multiple contact options with the capability to reach all defendants using current (for example, reminders sent by text, email, and/or phone call) and emerging technologies.

Update orders of collateral relief in statute to: 1) Allow eligible individuals to request an order of collateral relief after the time of sentencing; 2) Eliminate duplicative statutory language regarding orders of collateral relief; and 3) Create an order of collateral relief in the Children's Code. Encourage the judiciary to develop a mechanism that will allow the identification of instances when orders of collateral relief are requested, granted, or denied.

Judicial districts should implement evidence based decision making practices regarding pre-release decisions, including the development and implementation of a standardized bail release decision making process.

Examine DUI evaluation studies from other jurisdictions and evaluate Colorado DUI courts.

If Colorado DUI court evaluation findings show positive outcomes, DUI courts should be expanded by developing demonstration projects that have local stakeholder commitment and adequate funding. When appropriate, funding sources for DUI courts should be actively explored by local officials.

Minimize court review hearings and appearances to reduce docket overload and interruptions to the offender's employment. Educate judges and probation officers on the necessity of prioritizing support for the offender's employment since research shows that stable employment is linked to recidivism reduction. This does not apply to specialty courts or dockets.

Resolve new county court cases as soon as possible because unresolved cases may interfere with the success of district court probation.

Each judicial district should be encouraged to establish a bond commissioner and process that give authority to the specially trained commissioner or their designee to undertake an individual assessment of the accused and set bonds and/or summonses as appropriate.

Each judicial district should be required to conduct an inventory of the services and resources, including available housing and the capacity of those resources, to address the needs of offenders reentering the community. This information should be paired with an analysis of the risk/needs of offenders released from the Department of Corrections. Re-entry service gaps must be identified, along with the costs to fill those gaps. Using this information, a plan should be developed that identifies the appropriate parties to provide services and a funding scheme. Inventory reports should be provided to the Division of Criminal Justice, which will forward the information to the Commission.

Draft legislation to permit judicial districts to develop a percentage bond-to-the-court (see HB 08-1382), as is provided by the federal court system. Such percentage bond does not eliminate other types of bonds.*

When courts use the percentage bond-to-the-court, per Recommendation L-7, and the court plays the role of the surety, it shall retain a percentage of the bond.

Before any refund to the defendant at the conclusion of the case, the bond held by the court shall be applied according to the priority of payments per C.R.S. 18-1.3-204(2.5).*