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.].

In §16-4-106, C.R.S., create a statewide pretrial services data advisory group staffed by the Division of Criminal Justice with a sunset of five years from legislation enactment. The data advisory group must include representation of pretrial stakeholders, including the State Court Administrators Office. The Division of Criminal Justice is the central repository for all pretrial services data (see CCJJ Recommendation FY20-PR#01). One (1.0) FTE is required for staffing the statewide pretrial services data advisory group and for pretrial services data management, analysis, and annual reporting and an additional one-time appropriation will be necessary to meet the information technology requirements.

Create a strategic planning committee composed of municipal, county, and state representatives with expertise in criminal justice and behavioral health data systems, governance structures, privacy laws, and related issues, and that it is supported by sufficient resources to develop a cross-agency data collection and information sharing system.