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.
FY23-SR03 RECLASSIFY SELECTED FELONY CRIMES [STATUTORY]
This recommendation amends, appends, deletes and replaces multiple provisions of Colorado criminal statutes related to selected General Felonies, Enhanced Felonies, the re-classification or removal of felonies, and the elimination of specific aggravators for "second and subsequent offense or repeat offender." This recommendation includes three basic concepts and the associated statutory revisions:
1). Amend and "right-size" felony offenses so that the classification of the offense is balanced and properly aligned with the level of seriousness of the prohibited behavior.
2). Eliminate "second and subsequent" increased felony classifications as necessary, given the wide ranges available in the current sentencing scheme, excluding certain criminal offenses where the classification of the crime should be increased when criminal behavior is repeated.
3). Amend the language defining felony offenses when the current statutory language does not properly capture the proper mental state or actions that should be required for commission of that offense.
[See the "Recommendation Text" for the Proposed Statutory Language.]
Recommendation Text
Votes
Status
Related Bill
FY23-SR04 CHANGE FELONY CRIME CLASSIFICATIONS AND SENTENCE ENHANCEMENT PROVISIONS OF THE CRIMINAL CODE [STATUTORY]
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.]
Recommendation Text
Votes
Status
Related Bill
FY22-SR01 DEFINE THE PURPOSES OF PROBATION [STATUTORY]
Amend Part 2 of §16-11, C.R.S. to include the following to define the purposes of probation:
- To serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization.
- To support persons in behavior change through the coordination and provision of effective and individualized services which may include, but are not limited to, educational, therapeutic, restorative and skill building services
- To hold persons accountable for their behavior through supervision and interventions that promote reparation of harm to community and victims which shall include, but is not limited to, restitution to victims.
- To serve as a cost-effective option for persons appropriate for community supervision.
- To honor the statutory and constitutional rights of victims of crime.
[See the "Recommendation Text" for the Proposed Statutory Language.]
Recommendation Text
Votes
Status
Related Bill
FY22-SR05 IMPLEMENT INDIVIDUALIZED BEHAVIORAL RESPONSES TO PROBATION VIOLATIONS [STATUTORY]
Amend §16-11-205, §16-11-209, §16-11-2?? (new section), §16-11.5-101, §16-11.5-102(1)(c), §16-11.5-105, §18-1.3-102, and any other required conforming revisions to statute to reflect contemporary best practice guidelines that serve people on probation and deferred sentences, especially those diagnosed and/or dealing with substance use disorders. Such practices provide corresponding systems that include a range of individualized and structured behavioral responses to substance use and other behaviors that violate typical conditions of probation. This recommendation specifically prioritizes modern methods of rehabilitative and reparative justice that align with the statutory purposes of probation (included in CCJJ Recommendation FY22-SR #01. Define the Purposes of Probation) rather than the finite and limited responses in current statute that reflect retributive, punitive, and deterrent-based justice methods.
[See the "Recommendation Text" for the Proposed Statutory Language.]
Recommendation Text
Votes
Status
Related Bill
FY21-SR01 REVISE MISDEMEANOR SENTENCING AND OFFENSES [STATUTORY]
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.]
Recommendation Text
Votes
Status
Related Bill
FY20-AD02 REVISE YOUTHFUL OFFENDER SYSTEM STATUTES [STATUTORY]
Expand the operational flexibility of the Youthful Offender System (YOS) program in the Department of Corrections; clarify the time credits that are awarded in YOS cases when a revocation occurs; address issues regarding payment of certain fees in YOS cases; and modify training requirements for DOC staff who work with inmates that are placed in YOS facilities.
Specifically, modify the following provisions in statute:
1) Delete in 18-1.3-407 (2)(a)(IV)(a.5) the prescriptive programming language;
2) Amend "may" to "shall" in 18-1.3-407 (2)(a)(IV)(b) regarding time credit;
3) Amend 18-1.3-407 (3.3)(c)(I) regarding placement in YOS Phase II;
4) Add "OR DESIGNEE" in 18-1.3-407 (3.5) regarding staff transfers to reflect current practice;
5) Amend 18-1.3-407 (3.5) to allow flexibility regarding staff training requirements;
6) Delete 18-1.3-407 (11) regarding district attorney data collection; and
7) Amend 18-1.3-407 (11.5)(a)(I) and (c) to clarify court cost payments.
[See the "Recommendation Text" for the specific Proposed Statutory Revisions.]
Recommendation Text
Votes
Status
Related Bill
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
FY19-PR10 CREATE A STATEWIDE COURT DATE REMINDER SYSTEM [STATUTORY]
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.
Recommendation Text
Votes
Status
Related Bill
FY18-MH01 DEVELOP PRE-FILE MENTAL HEALTH DIVERSION PILOT PROGRAMS
This recommendation proposes the development of pilot programs for pre-file mental health diversion in judicial districts where the option or resources for the option may be lacking. The pilot will:
- Develop post-arrest, pre-file diversion programs specifically for individuals experiencing mental health disorders and who meet specific criteria and are determined able to benefit from diversion to treatment rather than being processed through the criminal justice system.
- Create pre-file mental health diversion programs that utilize a stakeholder-created, reviewed, and approved model [A proposed model may be found in Appendix A at the "Recommendation Text" link to the full recommendation.].
In addition, local officials should promote the utilization of Adult Pretrial Diversion Programs and funding as created by §18-1.3-101, C.R.S.
Recommendation Text
Votes
Status
Related Bill
FY17-JCC01 CREATE A PLAN TO FORMALLY RECOGNIZE AND ADDRESS THE NEEDS OF CROSSOVER YOUTH
Define crossover youth and crossover plan in statute and require each local Juvenile Services Planning Committee, established in C.R.S. 19-2-211, to devise a crossover plan for the identification and notification of cases involving crossover youth.
I. Add crossover youth definitions to 19-1-103 C.R.S.
II. Add a new section to 19-2-211 C.R.S. numbered 19-2-211.5 C.R.S.
Require the Juvenile Service Planning Committee in each judicial district to adopt a plan for identifying and notifying the human/social services representatives, probation representatives, S.B. 94 coordinators, juvenile court representatives, public defenders, district attorneys, parents and guardians ad litem of a youth ‘s crossover status.
III. Add language to 24-1.9-102 (1)(e) C.R.S. (Collaborative Management Statute)
Explicitly include and permit local Collaborative Management Programs to establish memorandum of understanding with the local Juvenile Services Planning Committees for the coordination of services for crossover youth.
IV. Add a new section to Title 19 Article 2 C.R.S.
Require the court to consider a youth's crossover status at all stages of the proceedings (i.e., pre and post adjudication) and not be used against the youth in a manner contrary to the principles informing the crossover youth practice model.
Recommendation Text
Votes
Status
Related Bill
FY16-CC01 JUDICIAL EDUCATION
The Division of Criminal Justice shall work with local community corrections boards to develop judicial education curricula for judges, probation staff, and other interested parties on the topic of local community corrections programs. Community corrections boards shall work with stakeholders including probation staff and judges to develop local curricula and determine the frequency of training. Each training program should include tours of local programs and should be tailored to local needs. The curricula should include at a minimum the following content:
• The purpose of community corrections
o Kinds of programs available and the target populations of each
o Role of probation and community corrections as a condition of probation.
• Board criteria for accepting/rejecting applications; clarify eligibility criteria.
• Profile of clients in community corrections
• Use of assessments in local programs and case management
• Description of Progression Matrix
• Length of placement/earned time
• Use of non-residential placements
• Sanctions and incentives used by programs
• Revocation process
• Management of special populations (behavioral health, individuals with disabilities)
• Monitoring practices
• Address local control issues and different board practices around the state for various topics
(e.g., victim issues)
Recommendation Text
Votes
Status
FY14-DP01 ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT (ARIDE) TRAINING SHOULD OCCUR DURING PEACE OFFICER STANDARD AND TRAINING (POST)
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
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
FY13-BL04 STANDARDIZED JAIL DATA COLLECTION ACROSS ALL COLORADO JURISDICTIONS
Implement a standardized data collection instrument in all Colorado jurisdictions and jails that includes, but is not limited to, information on total jail population, index crime, crime class, type of bond, bond amount if any, length of stay, assessed risk level, and the proportion of pretrial, sentenced and hold populations.
Recommendation Text
Votes
Status
Related Bill
FY13-CS04 EXPAND THE AVAILABILITY OF ADULT PRETRIAL DIVERSION OPTIONS WITHIN COLORADO'S CRIMINAL JUSTICE SYSTEM.
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
FY13-JJ03 REVISE THE SEX OFFENDER DEREGISTRATION STATUTE TO ALLOW A PERSON WHO COMMITTED AN OFFENSE WHILE UNDER 18 YEARS OF AGE TO DEREGISTER AS AN ADULT AFTER SUCCESSFUL COMPLETION OF THE TERMS OF THE SENTENCE.
Revise the language of the current section of the sex offender deregistration statute 16-22-113 (1)(e) as follows:
(e) EXCEPT AS OTHERWISE PROVIDED IN SECTION (1.3)(B)(II), if the person was younger than eighteen years of age at the time of disposition or adjudication, THE COMMISSION OF THE OFFENSE, after the successful completion of and discharge from the A JUVENILE sentence OR DISPOSITION, AND if the person prior to such time has not been subsequently convicted of OR HAS A PENDING PROSECUTION FOR, of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person's probation or community parole officer, the person's treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person's presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105, C.R.S., if any.
Recommendation Text
Votes
Status
Related Bill
FY12-CS01 REMOVE WALKAWAY ESCAPES AS ELIGIBILITY FOR HABITUAL CRIMINAL SENTENCING
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
FY12-JJ01 EDUCATIONAL MATERIALS PROVIDED TO JUVENILE DETENTION FACILITIES
School boards to provide education and materials to juvenile detention facilities as outlined in the Colorado model content standard* by revising CRS 19-2-402(3)(a) as follows:
The school boards of the school districts that a juvenile detention facility serves or in which the juvenile detention facility is located shall satisfy the requirements as defined by C.R.S. 22-33-104** and shall furnish teachers, materials, and content that are designed to meet the Colorado model content standards.
**C.R.S. 22-33-104 as amended is commonly known as the Compulsory School Attendance Law.
Recommendation Text
Votes
Status
Related Bill
FY12-SO01 SEX OFFENDER REGISTRATION FOR THOSE WHO LACK A FIXED RESIDENCE
Clarify and create in statute the registration requirement for and self-verification by sex offenders who "Lack a Fixed Residence."*
*The elements and language of the original recommendations are presented here, but may have been amended or modified in the related bill passed as H.B. 12-1346.
Recommendation Text
Votes
Status
Related Bill
FY12-SO02 COLLABORATIVE SEX OFFENDER TRAINING MODULES
Individuals from, but not limited to, the Sex Offender Management Board, the Judicial Department, law enforcement, the Department of Corrections, and the EPIC project* shall collaborate to develop and provide a uniform curriculum of sex offender training modules that could be offered to various groups (supervising officers, treatment providers, community corrections staff, State Board of Parole, judges, legislators, law enforcement, etc.). It is anticipated that training could be offered more frequently and consistently through this collaborative effort to address such topics as information on the Lifetime Supervision Act, an overview of the SOMB standards, motivational interviewing, and trauma informed treatment.
*The Evidence-Based Practice Implementation for Capacity project would require funding to continue beyond its current funding conclusion date. See cdpsweb.state.co.us/cccjj/epic.html.
Recommendation Text
Votes
Status
FY11-CS01 TO REDUCE "DESIGNER CRIMES"
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
FY10-D01 NO NEW FELONY DUI STATUTE
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
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-D09 STUDY COLORADO'S DUI COURTS
Examine DUI evaluation studies from other jurisdictions and evaluate Colorado DUI courts.
Recommendation Text
Status
FY10-D11 PROPOSED DUI SENTENCING REVISIONS
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).
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FY10-D23 CONTROLLED SUBSTANCES: DISTRIBUTION AND POSSESSION WITH INTENT TO DISTRIBUTE
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
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
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Related Bill
FY10-D44 WORKING GROUP TO IDENTIFY FUNDING STRATEGIES
Identify a working group to develop funding strategies.
Recommendation Text
Status
FY10-D45 STATUTORY REFORMS CONSISTENT WITH EVIDENCE-BASED PRACTICES
Ensure statutory reforms are consistent with sentencing policy, evidence-based practices and recidivism reduction.
Recommendation Text
Status
FY10-D47 DIFFERENTAIL INTERVENTION APPROACHES FOR DEFENDANTS
Design differential intervention approaches for defendants.
Recommendation Text
Status
FY10-D49 INTERMEDIATE SANCTIONS AND REWARDS FOR DRUG INVOLVED OFFENDERS
Intermediate sanctions and rewards should be authorized when working with drug-involved offenders.
Recommendation Text
Status
FY10-PIS01 PAROLE AND PAROLE RELEASE DECISION MAKING RECOMMENDATIONS
Modify C.R.S. 17-2-207(3) to eliminate mandatory arrest provisions for individuals on parole.
Current statute
CRS 17-2-207 (NOTE: A strikethrough of words indicates suggested deletions from existing statute.)
(3) Offenders on parole shall remain under legal custody and shall be subject at any time to be returned to a correctional facility. If any paroled offender leaves the state without lawful permission, he shall be held as a parole violator and arrested as such. If any parolee not paroled to reside in a county in which a correctional facility is located is found within the boundaries of such county without lawful permission, or if any parolee who is paroled to reside in such county or is in such county without lawful permission is found within the boundaries of state property without lawful permission, he shall be arrested as a parole violator.
Recommendation Text
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Related Bill
FY10-PIS02 PAROLE AND PAROLE RELEASE DECISION MAKING RECOMMENDATIONS
Modify C.R.S. 17-22.5-405 to clarify eligibility exclusions, program compliance, and criminal history disqualifications.
Current statute
CRS 17-22.5-405 (NOTE: Capital letters indicate suggested new material to be added to existing statutes; a strikethrough of words indicates suggested deletions from existing statute.)
(1.5) (a) Earned time, not to exceed twelve days for each month of incarceration or parole, may be deducted from an inmate's sentence if the inmate:
i. Is serving a sentence for a class 4, class 5, or class 6 felony;
ii. Has incurred no CLASS I code of penal discipline violations WITHIN THE PREVIOUS TWENTY-FOUR MONTHS AND NO CLASS II CODE OF PENAL DISCIPLINE VIOLATIONS WITHIN THE PREVIOUS TWELVE MONTHS OR SINCE BEING CURRENTLY INCARCERATED IF LENGTH OF INCARCERATION TIME ON CURRENT CONVICITON IS LESS THAN TWENTY-FOUR MONTHS. while incarcerated
iii. IS CURRENTLY has been program-compliant;
iv. Was not convicted of, and has not previously been convicted of a felony crime in sections 18-7-402 to 18-7-407, C.R.S., section 18-12-102, C.R.S., or section 18-12-109, C.R.S., SECTION 18-6-701, SECTION 18-3-303, SECTION 18-3-305, SECTION 18-3-306, or a crime listed in section 24-4.1-302 (1), C.R.S.
(6) Earned release time shall be scheduled by the parole board and the time computation unit in the department of corrections for inmates convicted of class 4 and class 5 felonies up to sixty days prior to the mandatory release date and for inmates convicted of class 6 felonies up to thirty days prior to the mandatory release date for inmates who meet the following criteria:
(a) The inmate has INCURRED no CLASS I code of penal discipline violations WITHIN THE PREVIOUS TWENTY-FOUR MONTHS AND NO CLASS II CODE OF PENAL DISCIPLINE VIOLATIONS WITHIN THE PREVIOUS TWELVE MONTHS OR SINCE BEING CURRENTLY INCARCERATED IF LENGTH OF INCARCERATION TIME ON CURRENT CONVICITON IS LESS THAN TWENTY-FOUR MONTHS.
(b) The inmate is CURRENTLY program-compliant; and
(c) The inmate was not convicted of, and has not previously been convicted of a felony crime in sections 18-7-402 to 18-7-407, C.R.S., section 18-12-102, C.R.S., or section 18-12-109, C.R.S., SECTION 18-6-701, SECTION 18-3-303, SECTION 18-3-305, SECTION 18-3-306 or a crime listed in section 24-4.1-302 (1), C.R.S.
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Related Bill
FY10-S04 AGGRAVATED RANGES, EXTRAORDINARY RISK CRIMES, AND MANDATORY MINIMUM SENTENCES
The complex nature of Colorado statutes pertaining to aggravated, extraordinary risk, and mandatory minimum sentences requires detailed analysis and careful study to ensure that any recommended modifications conform to broader sentencing policies and structures, and to ensure that the consequences of any modifications are analyzed and well understood by stakeholders. The Commission must first undertake this analysis to guarantee that any recommended statutory reforms must be consistent with evidence-based practices and recidivism reduction.
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FY08-BP32 SPECIAL CONDITIONS OF PROBATION
The imposition of special conditions of probation should be based only on specific, individual needs/risk assessment information.
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FY08-BP34 EXPAND JUDICIAL AND PROBATION OFFICER TRAINING
Judicial and probation officer training should be expanded to develop curricula that promote a culture of successful supervision of probationers.
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FY08-BP35 POSITIVE REINFORCEMENT AND INCENTIVES
Research shows that positive reinforcement is an important component of behavior modification. The use of incentives to facilitate successful completion of probation should be encouraged. Such incentives should be interpreted as evidence-based efforts to encourage the offender's positive performance for the purpose of enhancing public safety and preventing victimization.
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FY08-BP36 PROBATION TECHNICAL VIOLATIONS SANCTION GUIDELINES
To increase consistency across the state in the response to probation technical and criminal violations, the Division of Probation Services should work with district probation departments to develop a range of probation sanction guidelines that hold offenders accountable while working toward successful completion of probation. These guidelines will be adopted and consistently implemented with the assistance of the court in each jurisdiction.
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FY08-BP37 PRIORITIZE OFFENDER EMPLOYMENT OVER ROUTINE COURT REVIEW HEARINGS
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.
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FY08-BP41 SUMMONS IN LIEU OF ARREST FOR PROBATION REVOCATIONS
Implement existing statutes (C.R.S. 16-5-206 and 16-5-207) encouraging the use of a summons rather than arrest for probation revocations.
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FY08-BP44 OFFENDER RELEASE ASSESSMENT COUPLED WITH SERVICES
Using the Level of Supervision Inventory-Revised (LSI-R) and other tools as appropriate, DOC shall conduct a comprehensive risk/needs assessment of each offender prior to release for the development of a case plan. This plan will form the basis of providing vouchers (or other approved mechanisms) that assist the offender in accessing immediate services, including housing, medication (for example, insulin), mental health services, addiction treatment, and related programs.
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FY08-BP48 IMPROVE DOC'S INMATE TRANSPORTATION/DROP-OFF SYSTEM
Develop an efficient system for transferring an offender from DOC institutional custody to the custody of community corrections and/or parole supervision.
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FY08-BP50 VERIFIABLE IDENTIFICATION FOR ALL OFFENDERS LEAVING INCARCERATION
Whenever feasible, ensure every offender leaving jail and prison may obtain a driver's license or verifiable state identification upon release to the community by implementing the following business practices:
A. For the Department of Revenue (DOR) to issue a Colorado driver's license or state identification card to an individual incarcerated in a Department of Corrections (DOC) facility, the DOR will accept a certified state or county issued birth certificate and a DOC photo inmate identification card if the name and date of birth on DOC photo inmate identification card match the name on the birth certificate. A match is permissible if DOC card bears the date of birth and the full name of the incarcerated individual, and this name matches the first and last names on the birth certificate. The lack of a middle name or initial on one of these documents will not disallow a match.
- If an incarcerated individual previously had a Colorado driver's license or state identification card and the DOR retains that person's image, signature, and fingerprints in electronic storage, upon submission of a certified state or county issued birth certificate the DOR may determine a match in order to issue a state identification card or driver's license.
- The Department of Revenue will work to ensure that its database will combine and link all known driving records associated with that person so law enforcement can review the person's complete driving history during traffic stops.
B. The Colorado Department of Corrections (DOC) will apply for birth certificates in every state (including U.S. territories) on behalf of incarcerated individuals who request this service. Legal citizens born abroad may also qualify, depending upon the funding level of DOC program.
- If sufficiently funded by the state, DOC will not charge the incarcerated individual for this service. If DOC does not receive additional funding for this recommendation, DOC will apply for birth certificates if the inmate has sufficient funds in his/her inmate banking account.
- The Administrative Regulation will be amended to reflect this recommendation.
- All prisons in Colorado, including the private prisons, will comply with this policy.
- Inmates who request a birth certificate will be provided with a standardized advisory statement written by the office of the Colorado State Public Defender.
C. When DOC determines that the full legal name of the incarcerated individual differs from the name on that person's sentencing mittimus, DOC will include that name with the individual's file. Upon release of that individual, DOC will issue the individual a DOC photo inmate identification card bearing both the name entered on the individual's sentencing mittimus as well as the full legal name of that individual.
- All prisons in Colorado, including the private prisons, will comply with this policy.
D. DOC should sign the newest memorandum of understanding with the Social Security Administration and include all prisons, including the private prisons, on the MOU in order to apply for Social Security cards on behalf of incarcerated individuals whose full legal name they are able to confirm. Eligibility cannot be confined to the name on the mittimus.
- The Administrative Regulation will be amended to note the changes in this recommendation.
- The application for a Social Security card will be initiated at least 120 days prior to an individual's expected date of release.
E. Arresting entities should confirm and use a person's full legal name on all documents. This may require training on how to properly identify a person upon arrests.
F. The law enforcement community, including state patrol, local police, sheriffs, and community corrections, should develop a statewide standard regarding the retention of (and consequences for the destruction of) primary identification documents.
G. If the district attorney's office receives information from law enforcement or the defense counsel concerning a defendant's true name and identity, the district attorney's office will review documents and, when appropriate, notify the Court so that the mittimus may reflect the defendant's true name and identity.
H. If the defense counsel receives information concerning a defendant's true name and identity, the defense counsel will review documents and, when appropriate, notify the district attorney's office and the Court so that the mittimus may reflect the defendant's true name and identity.
I. The importance of placing the full legal name on an individual's court record, including the mittimus, as an AKA at the request of a party, should be underscored to judges and clerks.
J. The state court system should investigate whether the court record, if filed in a name other than the individual's full legal name, could contain a field to record the individual's full legal name in addition to listing the full legal name as an AKA, at the request of a party.
K. The Department of Public Health and Environment's Office of Vital Records should develop a memorandum of understanding with departments of corrections in every state. This will allow departments of corrections in states other than Colorado to apply for birth certificates on behalf of inmates born in Colorado.
L. Jail and DOC personnel should provide a one-page explanation to all individuals leaving these facilities who will need to appear at a Division of Motor Vehicle office in order to obtain a driver's license or state identification card.
- The one-page information sheet, to be developed by the Department of Revenue with the purpose of preparing individuals to successfully obtain an ID at the first visit, will outline local DMV location(s), suggested "best" times to visit, map, and clear information about necessary documents.
M. The General Assembly should provide DOC and jails with the necessary funding to accomplish the tasks explained here, including fees to purchase birth certificates, dossiers, and other required documents.
N. The Commission supports the effort of the Legislative Oversight Committee for the Study of the Treatment of Persons with Mental Illness Who Are Involved in the Justice System to obtain and fund a van that will travel to jails and other locations in the seven-metro county area to provide identification documents
O. The Commission supports DOC's pilot ID project with the DOR involving mobile units that issue identification to individuals releasing from incarceration.
P. All parties addressed in these recommendations should report their progress back to the Commission in February 2009.
Recommendation Text
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Related Bill
FY08-BP51 STANDARDIZE DRIVER'S LICENSE RESTRICTIONS
Any limitation or restriction of an offender's driver's license while on parole and community corrections must be based on specific, written, and standardized criteria.
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FY08-BP53 JOB RECOMMENDATIONS FOR DOC INMATES
Upon request and as appropriate, job supervisors at the Department of Corrections should be encouraged to write job recommendations for individuals being released from incarceration.
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FY08-BP55 TREATMENT PROVIDERS TO EXPAND THEIR HOURS OF OPERATION
As part of the contract award process, the Department of Corrections will give preference to private service vendors (for example, for treatment, drug tests, etc.) who provide extended hours of operation during the week and/or weekend hours. The Department of Corrections can waive this requirement for vendors in under-served areas of the state, or for those providers for whom this requirement would prevent the delivery of services.
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FY08-BP56 FUNDING FOR THE PAROLE BOARD
Provide funding to enhance the technology available to the parole board members, hearing officers, and administrative law judges so that they may obtain items such as laptop computers, other hardware, software, and video conferencing, to improve the efficiency and effectiveness of parole board hearings and operations. Allow electronic requests for modifications of conditions of parole.
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FY08-BP57 OUTSIDE AGENCY ANALYSIS AND ASSISTANCE FOR THE PAROLE BOARD
The Commission requests that an independent agency with expertise in paroling authorities (in particular, the Center for Effective Public Policy) provide technical assistance to the parole board to increase efficiency and effectiveness. This assistance would involve bringing to Colorado experts in parole and release to engage in the following tasks:
- Review parole guidelines, policies, procedures, sanction grids, and training standards;
- Review the use of assessments, the decision making process, and how parole decisions are communicated to interested parties;
- Review the parole board's internal capacity for data collection and reporting;
- Review forms used by the parole board;
- Conduct a work-load survey to identify inefficiencies and possible remedies; and
- Review the opportunities for inmate supporters and victims to participate in the parole hearing.
The Commission requests that the Department of Public Safety, on behalf of the Colorado Criminal and Juvenile Justice Commission, apply for funding from the JEHT Foundation* to provide the aforementioned assistance.
*The JEHT Foundation ceased operation at the end of January 2009. Funding should be sought from an alternate source.
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FY08-BP60 DATE-CERTAIN RELEASE FOR COMMUNITY CORRECTIONS AND INTENSIVE SUPERVISION PAROLE
With limited exceptions, when someone has been transitioned out under inmate status, provide a date-certain release for offenders in community corrections while retaining the authority of the parole board to conduct a rescission hearing and extend or vacate the parole date in the event of noncompliance. Specifically, when an inmate is accepted in community corrections as a transition client, the parole board should set a parole date no later than 12 months from the date of placement in residential community corrections. Likewise, when an inmate has been placed in the Intensive Supervision Program-Inmate (ISP-I), the parole board should set a date for parole at 180 days from the placement on ISP-I.
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FY08-CS65 DOC (PAROLE) TECHNICAL VIOLATIONS UNIT
The Commission supports the Department of Corrections' effort to establish a technical violations unit with the goal of enhancing consistency, preserving public safety, and reducing parole revocations for technical violations.
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FY08-CS66 EARNED RELEASE TIME GRANT 30/60 DAYS BEHAVIOR-BASED EARNED TIME CREDIT FOR NEW INTAKES AND CURRENT POPULATION (EXCLUDING TECHNICAL VIOLATIONS) SERVING TIME FOR NON-PERSON CRIMES
Since implementation of evidence-based practices requires the reallocation of existing state resources, and because research shows that incentives are a powerful and important method to modify behavior, business practices should be amended to accomplish the following:
To allow for enhanced release planning and services, DOC case managers, time computation staff, and members of the parole board should schedule for release a certain category of offenders up to 60 (class 4 and 5) or 30 days (class 6) prior to MRD. This earned release time is available for individuals serving a sentence for non-person conviction crimes* who meet the following criteria:
- No Code of Penal Discipline (COPD) violations;
- In compliance with recommended programming;
- No prior convictions for a person offense.
Those individuals released in this manner will be classified by DOC as earned releases (not discretionary or mandatory releases). The parole board retains discretion over the final release decision.
Note that additional earned time will move up the date that the individual becomes eligible for community corrections, and this may reduce the size of the prison population. Any savings that results from the application of earned time from these changes in practice should be placed in a designated fund for recidivism reduction programming.
*Nonperson offenses are defined as those identified in the Victim Rights Act plus false imprisonment, violation of a custody order, enticement of a child, Internet luring of a child, Internet sexual exploitation of a child, wrongs to children (C.R.S 18-7-402 through 18-7-407), arson, first degree burglary, weapons/explosives/incendiary devices (C.R.S. 18-12-102 through 109).
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Related Bill
FY08-GP13 PROBATION'S RESPONSE TO TECHNICAL VIOLATION
The Commission supports the efforts of the Division of Probation Services and district probation offices to enhance the consistent use of appropriate incentives and intermediate sanctions, in court and out of court, particularly in response to technical violations.
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FY08-GP14 STANDARD CONDITIONS OF PROBATION
The 19 standard conditions of probation should be reviewed by the Probation Advisory Committee. The Probation Advisory Committee should consider requiring only those conditions that are tailored to each individual, and based on criminogenic risks/needs, and victim and community safety. The PAC should invite members of the CCJJ Re-Entry Probation Task Force to participate in this review. The condition to remain crime-free is reasonable for all offenders.
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FY08-GP16 INVEST IN EVIDENCE-BASED PROGRAMS
Invest in evidence-based programs and emerging best practice, treatment and education so that there is sufficient programming available to meet the needs of the offender population.
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FY08-GP26 COMMUNITY CORRECTIONS INSTEAD OF PAROLING HOMELESS
Encourage the use of discretionary parole to community corrections in lieu of homeless parole plans to provide a stable living situation prior to the offender's mandatory parole date (MRD). Six to eight months prior to the MRD, a case manager should submit an application to community corrections for individuals who are likely to parole homeless.
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FY08-GP27 SUPPORT FOR THE GOVERNOR'S COMMUNITY CORRECTIONS ADVISORY COUNCIL
The Commission supports the work of the Governor's Community Corrections Advisory Council in the following initiatives:
- The assessment techniques used to establish the treatment needs of community corrections offenders should be evidence-based and implemented as required. This requires training of community corrections staff. The accuracy and completeness of individual offender assessments should be a part of the community corrections performance auditing process.
- The development of individualized treatment plans should directly reflect the identified criminogenic needs of individual offenders. The individualized treatment plans should address offender risk/needs and should be assessed as part of the community corrections performance auditing process.
- The treatment provided to each community corrections offender should be consistent with the individualized treatment plan developed for that offender. The quality of such treatment and its fidelity to the treatment plan should be a part of the community corrections performance auditing process.
- Because criminogenic needs can change during the course of treatment, reassessment of community corrections offenders should be performed in a standardized fashion and at appropriate intervals. Such information should be used to adjust the treatment plans of community corrections offenders, as required. The quality of such reassessments and plan adjustments should be a part of the community corrections performance auditing process.
- The efficacy of community corrections treatment plans in the prevention of recidivism should undergo formal evaluation by the Office of Research and Statistics of the Division of Criminal Justice, with appropriate funding provided for the study.
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FY08-GP28 COMMUNITY CORRECTIONS GRACE PERIOD STUDY
The Commission supports an initiative by the Governor's Community Corrections Advisory Council to pilot a carefully controlled study to address the value of providing a two to four week "grace period" in which fees and subsistence payments are delayed until the offender is stabilized in the community. After appropriate data is collected and analyzed, the Advisory Council should determine whether further recommendations to the executive and legislative branches are appropriate.
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FY08-GP29 STUDY STANDARD DIVERSION COMMUNITY CORRECTIONS VS. NON-RESIDENTIAL
The Commission supports the initiative proposed by the Governor's Community Corrections Advisory Council to pilot and study the outcome of two groups of offenders: (1) a control group sentenced to standard diversion residential community corrections, and (2) a study group sentenced to nonresidential status with enhanced services. After appropriate data is collected, the Advisory Council should determine whether further recommendations to the executive and legislative branches are appropriate.
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FY08-GP31 SOA-R STUDY
The Commission supports the current work by the Interagency Committee on Adult and Juvenile Correctional Treatment and its study of the reliability and validity of the Standardized Offender Assessment-Revised (SOA-R).
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FY08-L08 COURT RETENTION OF BOND IN BOND-TO-THE-COURT SYSTEM
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.
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FY08-L12 EARLY TERMINATIONS OF PAROLE
The Commission requests that the Department of Corrections develop and implement a standardized policy regarding early terminations of parole and require parole officers to submit such requests to the parole board when a parolee has served at least half of the parole period and has met other risk reduction benchmarks. In addition, the Department of Corrections should provide data on the numbers and decisions of early termination requests to the Division of Criminal Justice. The Commission further requires that such request comply with the Victim's Rights Act.*
* In a focus group conducted with representatives from the victims' community, participants were comfortable with this recommendation only if this applies to nonviolent offenders, excluding offenders using the Victim Rights Amendment definition of violent crime. Also, focus group representatives wanted to ensure that the victim is informed of every request for early termination, and that these requests should be limited to one per year per offender.
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Recommendation STATUS: ImplementationComplete