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.
FY20-DR01 CREATE AND IMPLEMENT A PROCESS FOR AUTOMATICALLY SEALING CRIMINAL CONVICTION RECORDS FOR DRUG OFFENSES [BUDGETARY]
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.]
Recommendation Text
Votes
Status
Related Bill
FY20-DR02 SUPPORT A PUBLIC HEALTH MODEL OF DEFLECTION [POLICY]
Fund public health interventions that strengthen community resources and expand alternatives to filing criminal charges against adults and youth with substance use issues who are at risk of justice involvement. By aspiring to a public health approach — which redirects adults and youth with substance abuse issues engaging in behaviors that can lead to incurring criminal charges from the justice system entirely — this recommendation shifts priorities in funding upstream, supporting the still inadequate system for care coordination and treatment. Recognizing that funding diversion programs that are post-arrest continues to inadvertently reinforce the justice system as the point of intervention for many adults and youth with substance use disorder treatment needs, notwithstanding potential for co-occurring mental health needs, true alternatives are still needed to avoid the justice system operating as a healthcare system of intervention and care.
To facilitate this approach, implement the following:
- Priority #1: Provide funding and improve access to coordinated treatment provider and care coordination systems so that adults, youth and families can access services, interventions, supports, and treatment modalities within their community, leading to a decrease in call volume for first responders and reliance on the justice system as a point of intervention and to improved community wellness.
- Priority #2: Continue to improve training and to enhance service provider collaboration with law enforcement including but not limited to expanding co-responder and law enforcement diversion programs and deflection models that also include the critical component of care coordination, treatment when and where necessary and community engagement. Without community supported and appropriately funded alternative case management and treatment options, first responders will continue to be left without options that match the complexity of needed care.
- Priority #3: Continue to increase post-arrest diversion opportunities to create multiple "off-ramps" from criminal and juvenile justice system entanglement and prioritize programs using a harm-reduction approach to address the underlying needs of individuals, the community, and victims.
Recommendation Text
Votes
Status
FY20-OP01 ESTABLISH A STATEWIDE ENTITY TO COORDINATE STRATEGY REGARDING DANGEROUS DRUGS [STATUTORY; BUDGETARY]
Implementation Unknown
Establish a narcotics enforcement entity, the Dangerous Drugs Coordination Council ("the Council"), that facilitates and coordinates the sharing of information among law enforcement agencies across the state. The Council, to be housed in the Colorado Department of Public Safety, will provide a structure for collaboration, information sharing, and efforts to support local law enforcement agencies.
The Council:
- will coordinate strategic responses to emerging illicit drug trends, regardless of the drug type involved
- will orchestrate the implementation of an emergency medical service tracking and reporting system, the Overdose Detection Mapping Application Program (ODMAP)
- requires one full time employee (FTE) to coordinate the meetings and meet the analytical needs of the entity. The position will be housed in the Colorado Department of Public Safety where it can benefit from the work of the Colorado Information Analysis Center (CIAC)
- shall include at a minimum, representatives from the following:
> 1 Police Chief, rural district
> 1 Police Chief, urban district
> 1 Sheriff, rural district
> 1 Sheriff, urban district
> Colorado District Attorneys' Council
> Colorado Attorney General's Office
> Colorado Coroners Association
> Colorado Drug Investigators Association
> Colorado Dept. of Health Care Policy & Financing
> Colorado Dept. of Public Health & Environment
> Colorado Dept. of Public Safety
> Colorado Bureau of Investigation
> Colorado Information Analysis Center
- to facilitate coordination and collaboration, shall invite important Federal partners and stakeholders that include, but are not limited to, the following:
> U.S. Attorney's Office
> U.S. Homeland Security Investigations
> U.S. Postal Inspection Service
> U.S. Drug Enforcement Administration
> Rocky Mountain High Intensity Drug Trafficking Area
> Federal Bureau of Investigation
> Bureau of Alcohol, Tobacco, Firearms and Explosives
[No Proposed Statutory Language was prepared for this statutory provision.]
Recommendation Text
Votes
Status
FY20-OP03 IMPLEMENT UNIFIED DRUG OVERDOSE REPORTING AND TRACKING [STATUTORY]
Implementation Unknown
Implement and require participation by public safety and public health personnel in the Overdose Detection Mapping Application Program (ODMAP) in Colorado. The Washington/Baltimore High Intensity Drug Trafficking Area's ODMAP is an emergency medical service tracking and reporting system. To facilitate expeditious public health and law enforcement responses to save lives in Colorado, the following entities should be required to implement and participate in this program:
- The statewide ODMAP implementation will require coordination and leadership. The Dangerous Drugs Coordination Council (created in Recommendation FY20-OP #01) will be responsible for directing the implementation of ODMAP, including outreach to rural agencies, and facilitating statewide participation.
- Emergency Medical Services (EMS), Coroners, Law Enforcement & Emergency Departments (ERs)
[No Proposed Statutory Language was prepared for this statutory provision.]
Recommendation Text
Votes
Status
FY14-DP01 ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT (ARIDE) TRAINING SHOULD OCCUR DURING PEACE OFFICER STANDARD AND TRAINING (POST)
Implementation Complete
Revise C.R.S. 24-31-314 (1) to clarify that Advanced Roadside Impaired Driving Enforcement (ARIDE) training should take place during POST (Peace Officer Standard and Training) continuing education and advanced training, rather than during basic academy peace officer training.
The Drug Policy Task Force recommends amending section C.R.S. 24-31-314 as follows:
24-31-314. Advanced roadside impaired driving enforcement training.
(1) On and after October 1, 2013, the P.O.S.T. Board is encouraged to include advanced roadside impaired driving enforcement training in the curriculum for persons who enroll in a training academy for basic peace officer training AS AN ELECTIVE TO BASIC FIELD SOBRIETY TEST (BFST) TRAINING RECERTIFICATION.
(2) Subject to the availability of sufficient moneys, the P.O.S.T. Board shall arrange to provide training in advanced roadside impaired driving enforcement to drug recognition experts who will act as trainers in advanced roadside impaired driving enforcement for all peace officers described in section 16-2.5-101, C.R.S.
Recommendation Text
Votes
Status
Related Bill
FY14-DP02 REVISE THE MARIJUANA OPEN CONTAINER PROVISIONS
Implementation Complete
Revise C.R.S. 42-4-1305.5 as it pertains to open marijuana container and motor vehicles to ensure that the marijuana container is open, has a broken seal, contents are partially removed AND there is evidence of consumption.
The Drug Policy Task Force recommends amending C.R.S. 42-4-1305.5 as follows:
42-4-1305.5. Open marijuana container - motor vehicle - prohibited.
(1) Definitions. As used in this section, unless the context otherwise requires:
(a) "Marijuana" shall have the same meaning as in section 16 (2) (f) of Article XVIII of the State Constitution.
(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails.
(c) "Open marijuana container" means a receptacle or marijuana accessory that contains any amount of marijuana and:
(i) That is open or has a broken seal;
(ii) The contents of which are partially removed; or AND
(iii) There is evidence that marijuana has been consumed within the motor vehicle.
Recommendation Text
Votes
Status
Related Bill
FY10-D01 NO NEW FELONY DUI STATUTE
Implementation Complete
The Commission does not support a statute that creates a new felony for driving under the influence of alcohol and drugs.
Recommendation Text
Status
FY10-D03 SAVINGS REALLOCATED TO EVIDENCE-BASED TREATMENT PROGRAMS
Implementation Complete
Any fiscal savings realized through the implementation of effective reforms shall be reallocated for the purpose of developing and sustaining viable, evidence-based substance abuse treatment programs related to DUI and associated behavioral health problems.
Recommendation Text
Status
FY10-D04 TREATMENT CONDITIONS
Partial Implementation
The court shall order treatment from a Department of Human Services approved provider pursuant to an alcohol/drug evaluation. If treatment is commenced during a period of incarceration such treatment shall be credited toward the treatment required as a condition of probation.
Recommendation Text
Status
FY10-D05 TREATMENT RECEIVED WHILE INCARCERATED TO BE TRANSFERABLE
Cannot Implement
Substance abuse treatment provided while incarcerated must be accepted by private sector providers during post-release treatment. This means that any treatment module completed or treatment level attained by the offender while incarcerated shall not be required to be repeated once released.*
*Reiterates recommendation "GP-17" in the December 2008 Annual Report.
Recommendation Text
Status
FY10-D06 INFORMATION AVAILABLE TO PEACE OFFICERS
Implementation Unknown
The Colorado Bureau of Investigation (CBI), in cooperation with the Division of Motor Vehicle (DMV), should work toward sharing all alcohol- and drug- related driving convictions that are documented in each agency's data bases, and ensure that information on drivers with multiple DUI convictions is available to peace officers via the Colorado Crime Information Center (CCIC).
Recommendation Text
Status
FY10-D08 TRAINING ON EVIDENCE-BASED DUI SENTENCING PRACTICES
Cannot Implement
Training for court professionals on best practices for DUI cases should be expanded. To this end, the Commission will identify a working group to develop a short training curriculum for professionals in the criminal justice system on the subject of evidence-based sentencing practices for multiple DUI offenders. This information should be presented at the annual conferences for judges, the Colorado District Attorneys Association, and the Colorado Defense Bar.
Recommendation Text
Status
FY10-D09 STUDY COLORADO'S DUI COURTS
Examine DUI evaluation studies from other jurisdictions and evaluate Colorado DUI courts.
Recommendation Text
Status
FY10-D10 IF JUSTIFIED, EXPAND DUI COURTS STATEWIDE
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.
Recommendation Text
Status
FY10-D11 PROPOSED DUI SENTENCING REVISIONS
Implementation Complete
First DUI Offense
D11A. No changes to penalties for the 1st DUI offense.
Second DUI Offense
D11B. For all 2nd DUI offenses, the court must impose an initial minimum jail sentence of 10 consecutive days, up to one year.
D11C. At least 10 consecutive days must be served. This minimum sentence shall not be suspended and the offender is not eligible for earned time, good time, or trustee status. If work release is granted pursuant to this provision then the offender is not eligible for day-for-day credit on work release (C.R.S. 18-1.3-106)
D11D. Credit for time served while in custody for the offense prior to conviction is mandatory. If the offender only receives the minimum 10 consecutive days in jail then pretrial confinement will be credited against that period.
D11E. A mandatory probation period of 2 years and 1 year of jail suspended must be imposed in addition to the initial jail sentence.
D11F. Any time served during the initial sentence to jail shall not be credited against the 1 year of jail suspended as a condition of probation.
D11G. Imposition of jail sentences or other sanctions for violations of probation may be done incrementally, but cannot exceed an aggregate of 1 year. The court shall consider the level of severity of any violation when imposing any sanction.
D11H. Work release is allowed for existing job, education and court ordered treatment for the first 10 days on a 2nd offense.
D11I. Between 48 and 120 hours of public service is required.
D11J. A fine of $600-$1500 is required. However, this can be waived or suspended at judicial discretion.
D11K. If a 2nd DUI offense is committed on or before 5 years of the date of offense for a prior DUI offense, then no alternative sentence shall be imposed (e.g., in-home detention).
D11L. However, once the minimum of 10 consecutive days is served the court may impose an alternative sentence.
D11M. If a 2nd DUI offense is committed beyond 5 years of the date of offense for a prior DUI offense, then the offender shall be sentenced to jail for 10 days, up to one year, or an alternative sentence may be imposed (e.g., in-home detention). The consecutive requirement does not apply to this section.
Third and Subsequent DUI Offenses
D11N. For all 3rd and subsequent DUI offenses the court must impose an initial minimum jail sentence of 60 consecutive days, up to one year.
D11O. At least 60 consecutive days must be served. This minimum sentence shall not be suspended and the offender is not eligible for earned time, good time, or trustee status. If work release is granted pursuant to this provision then the offender is not eligible for day for day credit on work release (C.R.S. 18-1.3-106)
D11P. Credit for time served while in custody for the offense prior to conviction is mandatory.
D11Q. A mandatory probation period of 2 years and 1 year of jail suspended must be imposed in addition to the initial jail sentence.
D11R. Any time served during the initial sentence to jail shall not be credited against the 1 year of jail suspended as a condition of probation.
D11S. Imposition of jail sentences or other sanctions for violations of probation may be done incrementally, but cannot exceed an aggregate of 1 year. The court shall consider the level of severity of any violation when imposing any sanction.
D11T. Work release is allowed for existing job, education and court ordered treatment for the first 60 consecutive days on a 3rd offense.
D11U. No alternative sentence shall be imposed (e.g., in-home detention).
D11V. However, once the minimum of 60 consecutive days is served the court may impose an alternative sentence.
D11W. Between 48 and 120 hours of public service is required.
D11X. A fine of $600-$1500 is required. However, this can be waived or suspended at judicial discretion.
D11Y. If a 3rd DUI offense is committed on or before 7 years of the date of offense for a prior DUI offense, then 60 consecutive days in jail must be served, work release is not allowed and no alternative sentence shall be imposed (e.g., in-home detention).
D11Z. To be written as a preamble.* The legislature recognizes that the court has the authority and encourages the use of sanctions in addition to a jail sentence as conditions of probation for any DUI offense. This includes, but is not limited to, wearing a continuous alcohol monitoring device, in-home detention during probation, and/or mandatory ignition interlock device even while license is under suspension.
Probation
D11AA. A mandatory minimum of two years probation for second and subsequent offenses must be imposed as a separate component of the sentence. This probationary period will commence immediately upon sentencing. The judge may impose up to an additional two years of probation, if necessary, for further monitoring and treatment.
D11BB. In addition to the initial jail sentence the court shall impose and suspend 1 year of jail as a condition of probation.
D11CC. The initial sentence to jail is not credited against probationary jail time.
D11DD. Any alcohol and/or drug education or treatment ordered must be done by an approved provider.
D11EE. Court ordered treatment must be completed before the offender may be released from probation. The court may mandate that this treatment begin during any sentence to incarceration.
D11FF. The prosecution, defendant, defendant's counsel, or probation officer may petition the court for early termination of probation by demonstrating substantial compliance with all terms and conditions of probation, successful completion of approved alcohol and/or drug treatment, and that the termination of probation will not endanger public safety.
*The Drug Policy Task Force approved D11Z as a potential preamble to the statute. However, the bill was drafted with specific language in the legislative declarations and in the body of the bill that encourages the use of an approved ignition interlock device as defined in C.R.S. 42-2-132.5(7)(a).
Recommendation Text
Status
Related Bill
FY10-D12 PUBLIC EDUCATION FUNDING
Cannot Implement
Funding should be set aside for public education regarding changes to DUI law as proposed by the previous recommendations.
Recommendation Text
Status
FY10-D13 NON-ALCOHOL RELATED TRAFFIC OFFENSES AND LICENSE REVOCATION
Implementation Unknown
Eliminate non-alcohol related Driving Under Revocation (DUR), Driving Under Suspension (DUS) and Driving Under Denial (DUD) as a major offense for consideration by the Division of Motor Vehicle (DMV) for a habitual traffic offense (see C.R.S. 42-2-203).
Recommendation Text
Status
FY10-D14 NON-ALCOHOL RELATED TRAFFIC OFFENSES AND HTO
Implementation Unknown
Eliminate non-alcohol related Driving Under Revocation (DUR), Driving Under Suspension (DUS) and Driving Under Denial (DUD) as a major offense for consideration by the DMV as a predicate offense to classification as a Habitual Traffic Offender (HTO). Eliminate mandatory jail sentences for non-alcohol related DUR, DUS and DUD while still retaining them as discretionary (see C.R.S. 42-2-202).
Recommendation Text
Status
FY10-D23 CONTROLLED SUBSTANCES: DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE
Implementation Complete
Limit to 100 feet the current 1,000 foot zone that pertains to the sale, distribution, and manufacture of controlled substances.
Recommendation Text
Status
FY10-D43 POLICY STATEMENT AND DRUG LAW PHILOSOPHY
Implementation Complete
The following policy statements provide the context for the recommendations that follow and were developed, in part, as a proposed replacement of C.R.S. 18-18-401.
D43A. The Commission on Criminal and Juvenile Justice recommends that the public policy of Colorado recognize alcoholism and substance use disorders as illnesses and public health problems affecting the health, safety, economy, and general welfare of the state.
D43B. The Commission recommends that the Colorado General Assembly seek to improve public safety, reduce recidivism, and promote substance abuse treatment by implementing a system of evidence-based sentencing practices and community-based interventions that focus on the individual defendant.
This approach will combine accountability, risk and needs assessments, criminal penalties, and appropriate treatment for individuals who are addicted to substances and convicted of criminal offenses. This system will differentiate among the following types of individuals:
a) a defendant who is an illegal drug user but is not addicted or involved in other criminal activity;
b) a defendant who is addicted but is not otherwise engaged in other criminal activity;
c) a defendant who is addicted and engaged in nonviolent crime to support their addiction;
d) a defendant who is addicted and engaged in violent crime; and
e) a defendant who is engaged in drug trafficking or manufacture for profit who is not addicted to illegal drugs.
D43C. Persons addicted to or dependent on controlled substances and whose criminal behavior is associated with the addiction should, upon conviction, be sentenced in a manner most likely to promote rehabilitation and to be consistent with public safety.
D43D. For those sentenced to the community for a drug crime and who are found to be addicted to or dependent on controlled substances, meaningful interventions should be available and applied to non-violent as well as violent offenders based upon individual needs and demonstrated risk to the community.
D43E. The manufacture, distribution and delivery of illicit controlled substances have a substantial and detrimental effect on the health and general welfare of the people of this state, especially children. As such, persons who habitually or commercially engaged in the trafficking of illicit substances and prescription drugs present a menace to public health and safety.
D43F. The purpose of sentencing occasional users and experimenters is to induce them to shun further contact with controlled substances and to learn acceptable alternatives to drug abuse. This approach requires differentiating recreational or one-time users with few or no addiction treatment needs from those who are chemically dependent and require treatment.
D43G. Because addiction is a chronic disease, drug relapse and return to treatment are common features in the path to recovery for individuals with substance use disorders. Therefore, judges, district attorneys, public defenders, private attorneys, probation officers, parole officers, and other professionals involved in the criminal justice system must anticipate, recognize, plan for, and appropriately respond to the potential for relapse that may occur for individuals involved in treatment.
D43H. The purpose of sentencing defendants with treatment needs can be achieved by promoting evidence-based sentencing of individuals convicted of drug-related offenses. Strategies include the following:
a) Allowing judges and other judicial officers to use available information and resources to develop informed and flexible evidence-based sentencing plans that meet the needs of the individual offender, that
i. ensure appropriate safeguards to protect the defendant's rights while assigning the individual to appropriate treatment programs, and
ii. are based on, when practical, the risk level and treatment needs of the offender as determined by objective assessment tools.
b) Allowing for the appropriate combination of supervision and treatment based on research indicating that this combined approach has the greatest likelihood of recidivism reduction and protecting the public.
c) Allowing for consideration of the significant collateral consequences that a criminal record has on employment and lifetime earnings of drug-related convictions, and how such convictions can undermine successful community reintegration.
d) Using treatment programs with demonstrated rates of success.
e) Targeting interventions to offenders with moderate- to high-level treatment needs rather than those identified with low-risk and low-needs.
f) Targeting individuals who could benefit from appropriate treatment programs.
Recommendation Text
Status
Related Bill
FY10-D44 WORKING GROUP TO IDENTIFY FUNDING STRATEGIES
Implementation Complete
Identify a working group to develop funding strategies.
Recommendation Text
Status
FY10-D45 STATUTORY REFORMS CONSISTENT WITH EVIDENCE-BASED PRACTICES
Implementation Complete
Ensure statutory reforms are consistent with sentencing policy, evidence-based practices and recidivism reduction.
Recommendation Text
Status
FY10-D47 DIFFERENTAIL INTERVENTION APPROACHES FOR DEFENDANTS
Implementation Complete
Design differential intervention approaches for defendants.
Recommendation Text
Status
FY10-D48 EXPEDITED COMMUNITY-BASED TREATMENT
Cannot Implement
Community-based treatment should be expedited for alcohol and drug-involved defendants.
Recommendation Text
Status
FY10-D49 INTERMEDIATE SANCTIONS AND REWARDS FOR DRUG INVOLVED OFFENDERS
Implementation Complete
Intermediate sanctions and rewards should be authorized when working with drug-involved offenders.
Recommendation Text
Status
FY10-D50 COLLABORATIVE DECISION-MAKING FOR CASES INVOLVING DRUG-ADDICTED OFFENDERS
Implementation Unknown
Judicial districts should develop a collaborative decision-making process for cases involving drug-addicted offenders.
Recommendation Text
Status
FY10-D51 MINORITY OVER-REPRESENTATION ADDRESSED DURING DRUG PROSECUTIONS
Implementation Unknown
Those prosecuting drug-involved defendants must proactively address minority over-representation.
Recommendation Text
Status
FY10-D52 MODIFY SANCTIONS FOR FIRST-TIME OFFENDERS
Implementation Unknown
Modify court sanctions for first-time offenders to help individuals maintain or obtain employment.
Recommendation Text
Status
FY10-D54 ASSESS DRUG OFFENDER RISK AND TREATMENT NEEDS
Implementation Unknown
Assess all drug-involved defendants for risk and treatment needs as early as possible in the criminal court process.
Recommendation Text
Status
FY10-D55 CONDUCT ASSESSMENTS WHILE PROTECTING A DEFENDANT'S CONSTITUTIONAL RIGHTS
Implementation Unknown
Remove barriers to conducting risk and treatment needs assessments while protecting a defendant's Constitutional rights.
Recommendation Text
Status
FY10-D56 DBH TO TRACK TREATMENT PROGRAM OUTCOME DATA
Partial Implementation
Treatment programs that receive state funding should be evaluated and evaluation data should be coordinated through the Division of Behavioral Health at the Colorado Department of Human Services.
Recommendation Text
Status
FY10-D57 MULTI-AGENCY EVALUATION OF ALCOHOL AND DRUG TREATMENT PROGRAMS
Cannot Implement
The Division of Criminal Justice, State Judicial Branch, and the Division of Behavioral Health should collaborate in the evaluation of alcohol and drug treatment programs.
Recommendation Text
Status
FY10-D58 POLICY STATEMENT AND DRUG LAW PHILOSOPHY
Partial Implementation
Develop empirically-based core competencies and standards of practice in offender management along with standardized training and regulation for providers working with offenders.
Recommendation Text
Status
Recommendation TOPIC: Drugs