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.

The Commission recommends that technical corrections be made to any of last year's (2010) multiple offense DUI provisions as set forth in H.B. 10-1347 that inadvertently created unintended consequences on first time DUI violations.

Establish a "per se" violation for driving under the influence of marijuana by establishing that it shall be an unclassified misdemeanor traffic offense for any person to drive a motor vehicle or vehicle when the person has a level of 5 nanograms of THC/mL whole blood or more at the time of driving or within two hours after driving.

Amend or clarify the express consent statute to clearly ascertain that in the event an officer establishes probable cause to believe that a person is driving under the influence of marijuana, the person shall submit to a blood test, if necessary.

Amend current administrative laws relating to driver's license revocations and hearings on revocation as applicable to establish a mandatory license revocation of three months for a first offense (DUI/DUID), one year for a second offense (DUI/DUID) and two years for a third and subsequent offense (DUI/DUID) resulting from driving under the influence of marijuana per se.

Amend the administrative laws where necessary to establish that a violation or conviction for driving under the influence of marijuana per se shall mirror the consequences of conviction for a DUID per se violation regarding the administrative penalties and procedures for reinstatement of a license, insurance via SR-22, and court ordered treatment programs as reasonably necessary to effect the purpose of treating a DUID marijuana as seriously as a DUI alcohol offense.

Clarify wherever necessary in the DUI and administrative statutes the inclusion of DUID/marijuana per se as a qualifying offense for application any multiple offense DUI/DWAI/habitual/UDD/vehicular homicide and assault convictions and penalties.

Create a parole board pilot program to further encourage and facilitate parole board release approval, and corresponding community services, for parole-eligible inmates currently incarcerated with a controlling sentence for drug use or possession.

Simple possession drug offenses (Class 6 felony or attempt or conspiracy to commit simple possession) shall not qualify as the presenting offense for the filing of habitual criminal offense charges under 18-1.3-801, CRS. This change in law would be effective only for new offenses committed after the 2011 effective date of the bill.

For petty drug offenses, records may be sealed three years from final disposition of the case or release from supervision, whichever is later. Sealing will be automatic upon filing if the offender pays the fee and proves there were no convictions incurred and are no charges pending during the waiting period. Notice to the district attorney is not required.

Records may be sealed three years from final disposition of the case or release from supervision, whichever is later. Sealing is automatic if notice is sent to the district attorney, no objection is filed by the district attorney, and the petitioner demonstrates that there were no convictions or pending charges incurred during the waiting period.

Records may be sealed five years from final disposition of the case or release from supervision,  whichever is later. Sealing is automatic if notice is sent to the district attorney, no objection is filed by the district attorney, and petitioner demonstrates there were no convictions or pending charges incurred during the waiting period.

Records may be sealed seven years from final disposition of the case or release from supervision, whichever is later. Sealing requires filing of a petition and notice to the district attorney. If there is no objection by the district attorney, it is at the court's discretionary if there needs to be a hearing to determine eligibility based on statutory criteria (this is the same as current practice but is codified). The petitioner must demonstrate that there was conviction or pending charges incurred during the waiting period.

Records can be sealed ten years from final disposition or release from supervision with district attorney approval. Court review is required to determine eligibility based on statutory criteria. The petitioner must demonstrate that there was no conviction or pending charges incurred during the waiting period.

District Attorney approval shall be guided by the current statutory criteria in 24 -72-308.5, CRS to provide for consistency and transparency.

The time periods identified in FY11-D9 through FY11-D14 shall be applicable for record sealing of convictions before the 2011 effective date of the bill, however district attorney approval shall always be required when district attorney approval is required under current law. Note that DA approval is required for all drug offenses committed before July 1, 2008. For possession offenses between July 1, 2008 and July 1, 2011, assuming the latter is the effective date of the bill, there will be a ten year waiting period and district attorney notice. Court approval shall be required.

Allow sealing for all old drug petty offenses without District Attorney approval (veto power) but with court approval.

Amend current law to require that the court and the district attorney consider the number of convictions and the dates of the offenses in granting a petition to seal. Under current law, there is no limitation on the number of cases or criminal episodes that are eligible for sealing after the statutory waiting period.

Amend 24-72-308.5(2)(d) to state that the defendant and law enforcement agencies may properly reply, upon inquiry, that no "public" conviction records exist with respect to the defendant.

The criminal justice committee of the state's Behavioral Health Transformation Council should meet with the appropriate stakeholders to develop a plan to (a) streamline and coordinate existing funding mechanisms related to offender treatment and (b) expand data collection and reporting.

Implement a standardized mental illness screening instrument as part of the presentence investigation or, if none was completed, at post-sentence probation intake.

The commission supports the efforts of the Department of Health Care Policy and Financing (HCPF) to prioritize early health care interventions and the alignment of resources to increase the efficiency of service delivery and patient access to services.

Consolidate and streamline funding for the Division of Behavioral Health.

Use the Commission's Evidence-based Practices Training Initiative (EPIC) as a vehicle to educate criminal justice professionals in effective behavioral health assessment and treatment.

The criminal justice committee of the Behavioral Health Transformation Council should discuss and identify potential strategies to expand access to Medicaid for community corrections clients.

Create a simultaneous termination hearing/de-registration process for those juvenile offenders currently eligible for de-registration under 16-22-113(e), CRS.

Create a simultaneous termination hearing/de-registration process for adult offenders with a deferred judgment who are currently eligible for de-registration under 16-22-113(d), CRS.

Modify 16-22-108(7), CRS, to establish a consistent fee structure for sex offender registration.

Create a simultaneous registration/cancellation of registration process in 16-22-108, CRS.

Add and clarify language in 16-22-106(3)(a), CRS, regarding the registration of offenders sentenced to or held in jail.

Define "transient" in statute and require registration of offenders who are homeless or have no permanent residence. This is a state-wide issue raised by law enforcement. The current method to register and track transient offenders is inadequate.

Modify 16-22-108(1)(b), CRS to allow annual re-registration to occur within 5 business days of the offender's birthday.

Modify 16-22-108(1)(b), CRS, to allow annual re-registration to occur within 5 business days of the offender's birthday.

Add to the place of trial venues in 18-1-202(12), CRS, the county where an offender completed his or her last registration.

Eliminate the language requiring mandatory ISP as a condition of probation or parole for failure to register in 18-3-412(2)(b) and 18-1.3-1007(1.5), CRS.

Add an affirmative defense for failure to register based on the model provided in the Adam Walsh Act.

The State Public Defender's Office should create informational documents for offenders on registration/re-registration and de-registration.

Add language to 16-13-902, CRS, and relevant sections of Title 18 on Sexually Violent Predator equivalency criteria in a manner that ensures the assessment procedure is constitutional.

Add Second degree kidnapping, 18-3-302(3)(a), CRS, as a sex offense when the underlying offense is the offense of sexual assault.

Add tribal and territorial offenders to the list of those required to register, 16-22-103(a)(b), CRS, pursuant to the federal Adam Walsh Act requirements.

Repeal the current mandatory prison sentence provisions for commission of unlawful sexual contact by force, threat, or intimidation, 18-3-404(3), CRS.

Extend the amount of time available on a deferred judgment and sentence for a sex offense requiring treatment, and clarify when the period of the deferred begins.

Correct the currently unconstitutional provision in 18-1.3-1004(4), CRS.