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.]

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

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

- pretrial risk assessment (PRA) [ELEMENT 3.1]

- PRA use and data collection [ELEMENT 3.2]

- expansion of pretrial services statewide [ELEMENT 3.3]

- expansion of the use of summons [ELEMENT 3.4]

- bail bond violations [ELEMENT 3.5]

- release conditions [ELEMENT 3.6]

- expedited pretrial release process [ELEMENT 3.7]

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

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

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

- training for pretrial stakeholders [ELEMENT 3.11]

- expedited appeal process [ELEMENT 3.12]

- telejustice program fund [ELEMENT 3.13]

- pretrial community advisory boards [ELEMENT 3.14]

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

This recommendation creates pilot options to provide quality care for individuals held in jail who have acute behavioral health needs that are beyond the ability of the jail to manage and who do not meet criteria for diversion with the goals to develop information and experience necessary to advance a state-wide solution. This recommendation proposes the following:

- A care transitions partnership between local and regional acute care hospitals and county jails that provides quality care for jailed individuals who have acute behavioral health needs that are beyond the ability of the jail to manage.

- The target patient population includes those who are not eligible for diversion programs due to the serious nature of the criminal charge and whose behavioral health needs surpass the capacity of the jail to manage with existing in-house medical and/or mental health service providers.

- This partnership allows for the transfer of jailed individuals to acute care facilities for provision of appropriate services and is modeled after, and expands upon, the existing partnerships and transfer protocols for individuals experiencing a medical crisis while being held in jail.

- To support the development of initial pilot sites and to allow for one-time building modifications or other required changes, it is anticipated that additional state funds will need to be allocated to pilot this solution in one rural region and one urban region.

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

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

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

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

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

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

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.

Position the Colorado Crisis Services System as the comprehensive response to behavioral health emergencies in all Colorado communities by making the following reforms: a) Strengthen and enhance existing crisis services and resources; b) Amend §27-60-103 to clarify the intent of the crisis system; c) Undertake conforming regulatory changes to crisis system contracting; and d) Commit resources to incentivize the development and expansion of the crisis services provider network.

Amend Title 27 of Colorado Revised Statutes (C.R.S), section 65-105, to remove jails and correctional facilities as a placement option for individuals on an M1 (emergency mental health) hold. Introduce language that allows intervening professionals to transport individuals to an outpatient facility for immediate evaluation for treatment based on evidence of need.

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.

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.

A statewide committee should be formed to develop an advisory, statewide monetary bond schedule that is generally consistent across jurisdictions. Each judicial district should develop a committee of stakeholders to review the existing monetary bond schedule.

Remove the word "calendar" from C.R.S. 17-26-115 to apply the trustee statute to a 30-day period rather than a calendar month.

Clarify C.R.S. 17-26-109 to provide a standardized range of good time credits available to jail inmates.

Modify C.R.S. 17-26-109 to include the ability for jail administrators to award discretionary earned time of 3 to 5 days per 30-day period for the completion of certain programs or education, or for an unusual or extraordinary accomplishment by a jail inmate. This requires that each county sheriff develop an earned time schedule for their jail in keeping with community expectations and standards.