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.
FY22-SR01 DEFINE THE PURPOSES OF PROBATION [STATUTORY]
Implementation Complete
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
FY21-SR02 UPDATE THE STANDARD CONDITIONS OF PAROLE AND REVISE THE ADDITIONAL CONDITIONS OF PAROLE [STATUTORY, POLICY]
Implementation Unknown
Amend §17-2-201, C.R.S., to update and clarify the Standard Conditions of supervision for individuals on parole. The Standard Conditions of Parole apply to all individuals released under parole supervision. The existing Additional Conditions of Parole also have been revised for the Colorado State Board of Parole ["the Board"]. Both sets of conditions have been updated to clarify expectations, simplify language, increase comprehension, and remove duplication. Because Additional Conditions are not specified in statute, no statutory language regarding Additional Conditions is required in the recommendation.
In this recommendation, the following substantive changes are made to the Standard Conditions:
- The mandatory urinalysis-testing requirement is moved to the Additional (Individual) Conditions.
- The expectation that an individual on parole not associate with people with a criminal record is eliminated.
- A requirement is added that mandates that the individual comply with all terms of any civil protection orders.
[The recommended Standard and the Additional Conditions may be found in Appendix A and the Proposed Statutory Language may be found in Appendix B in the "Recommendation Text."]
Recommendation Text
Votes
Status
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-OP01 ESTABLISH A STATEWIDE ENTITY TO COORDINATE STRATEGY REGARDING DANGEROUS DRUGS [STATUTORY; BUDGETARY]
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]
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
FY20-PR03 IMPLEMENT BAIL BOND REFORM [STATUTORY]
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."
Recommendation Text
Votes
Status
FY19-AD01 DEVELOP A COMPREHENSIVE JUVENILE SERVICES PLAN [STATUTORY]
Develop a data-driven, cross-disciplinary, comprehensive juvenile services plan addressing the full juvenile justice continuum in each judicial district by undertaking the following:
- In §19-2-211, C.R.S., expand the local Juvenile Services Planning Committee (JSPC) responsibilities to include the development of a data-driven three-year plan, with annual updates, targeting the full juvenile justice continuum in each judicial district;
- In §19-2-212, C.R.S., require the state Working Group defined therein to identify the specific components of the data-driven plan; and
- In §39-28.8-501, C.R.S., authorize the use of existing marijuana tax revenue distributed to Senate Bill 1991-94 to support data-driven plan development and implementation by judicial districts.
Recommendation Text
Votes
Status
FY19-PR03 EXPAND PRETRIAL SERVICES PROGRAMS STATEWIDE [STATUTORY]
Amend §16-4-106, C.R.S., such that pretrial services programs shall exist in all counties in Colorado and the Colorado General Assembly shall create a state formula funding program to incentivize local jurisdictions (counties) to develop and support pretrial programs and services. Jurisdictions without pretrial programs shall be prioritized to receive funding. The recommendation includes these additional elements:
- On or before July 1, 2021, pretrial services programs shall be established within each of Colorado's counties. Counties may directly provide pretrial services or enter into agreements with other municipalities, counties or other entities to provide such services.
- The Office of the State Court Administrator in consultation with the Colorado Association of Pretrial Service Agencies (CAPS) shall develop minimum standards governing the operation of pretrial service programs.
- Any pretrial services program established pursuant to this recommendation shall, at a minimum:
-- provide the Court with an empirically developed and validated pretrial risk assessment for the purpose of setting bond and establishing conditions of release,
-- provide research-based supervision services to mitigate pretrial misconduct, such as court date reminder notification, and
-- align with legally- and evidence-informed practices found in the CAPS standards.
Recommendation Text
Votes
Status
FY19-PR04 CREATE A PRETRIAL SERVICES ALTERNATIVE FOR SMALLER JURISDICTIONS [STATUTORY]
Modify §16-4-106, C.R.S., such that pretrial services shall exist in all counties in Colorado and amend §13-6-201 (1) to conform. A county identified as Class C or D pursuant to §13-6-201, C.R.S., may opt out of state formula funding for the provision of pretrial services and may instead, request that the state judicial department utilize formula funding to provide services on behalf of counties within a judicial district. The recommendation includes these additional elements:
- The judicial department may directly provide services, establish inter-governmental agreements, or contractual agreements necessary to provide services upon request by counties and only upon approval of the Chief Judge of a judicial district.
- In these instances, judicial districts are authorized to use state appropriations to provide pretrial functions upon formal written request by a local government and upon approval of the Chief Judge in each judicial district.
- State judicial shall assure that pretrial services conform to the standards of the State Court Administrators Office and adhere to the underlying purpose of pretrial justice.
Recommendation Text
Votes
Status
FY19-PR06 ESTABLISH AN EXPEDITED PRETRIAL RELEASE PROCESS [STATUTORY]
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."
Recommendation Text
Votes
Status
FY19-PR07 REVISE THE INITIAL BOND HEARING PROCESS AND THE CONSIDERATIONS OF MONETARY CONDITIONS OF BOND [STATUTORY]
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].
Recommendation Text
Votes
Status
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
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
FY17-RE04 PROMOTE HOUSING OPPORTUNITIES FOR PEOPLE WITH NON-CONVICTION, SEALED, AND EXPUNGED RECORDS
No Implementation
Promote community safety and economic growth by:
- Preventing adverse housing action on the basis of arrests that did not result in conviction, or criminal justice records that have been sealed or expunged.
- Allowing prospective tenants denied housing due to a criminal history or credit record to obtain a copy of the record.
- Correcting a statutory omission regarding landlords' inquiry into sealed records.
- Enacting protections for landlords in civil cases.
Recommendation Text
Votes
Status
FY17-RE05 PROVIDE STATUTORY GUIDANCE ON PUBLIC HOUSING DECISIONS
Promote community safety and economic growth by:
- Preventing public housing authorities from taking adverse action against individuals on the basis of arrests that did not result in a conviction, or convictions that have been pardoned, sealed or expunged.
- Requiring public housing authorities to consider other convictions using the same criteria the state currently applies for licensure and employment decisions.
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-CS03 ELIMINATE COLORADO'S EXTRAORDINARY RISK STATUTE
Partial Implementation
Colorado's Revised Statutes pertaining to Crimes of Violence, Extraordinary Risk Crimes, and Aggravated Ranges are complex, convoluted and often duplicative. The CCJJ Comprehensive Sentencing Task Force recommends the following changes:
- Eliminate Extraordinary Risk (18-1.3-402(10)) and move child abuse (18-6-401(1)(a);(7)(a)(I) and 18-6-401(1)(a);(7)(a)(III) and 2nd and subsequent stalking (18-3-602(3)(b)) to the Crime of Violence Statute (18-1.3-406) and strike 18-3-602(5) as follows:
If, at the time of the offense, there was a temporary r permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person prohibiting the behavior described in this section, the person commits a class 4 felony. In addition, when a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentence imposed for the violation pursuant to this subsection (5) shall run consecutively and not concurrently with any sentence imposed pursuant to this section 18-6-803.5 and with any sentence imposed in a contempt proceeding for violation of the court order.
2. Change Crime of Violence and mandatory minimum (18-1.3-401(8)) ranges to set to the minimum of the presumptive range.
3. The upper end of the sentencing ranges for Crimes of Violence mirrors the current upper end ranges in the statute.
Recommendation Text
Votes
Status
Related Bill
FY13-CS04 EXPAND THE AVAILABILITY OF ADULT PRETRIAL DIVERSION OPTIONS WITHIN COLORADO'S CRIMINAL JUSTICE SYSTEM.
Implementation Complete
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
Implementation Complete
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
Implementation Complete
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
FY11-CS01 TO REDUCE "DESIGNER CRIMES"
Implementation Complete
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-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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Related Bill
FY10-D13 NON-ALCOHOL RELATED TRAFFIC OFFENSES AND LICENSE REVOCATION
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).
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FY10-D14 NON-ALCOHOL RELATED TRAFFIC OFFENSES AND HTO
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).
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Status
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.
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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.
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Related Bill
FY10-PIS01 PAROLE AND PAROLE RELEASE DECISION MAKING RECOMMENDATIONS
Implementation Complete
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.
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Related Bill
FY10-PIS02 PAROLE AND PAROLE RELEASE DECISION MAKING RECOMMENDATIONS
Implementation Complete
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
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-L07 BOND-TO-THE-COURT SYSTEM
Draft legislation to permit judicial districts to develop a percentage bond-to-the-court (see HB 08-1382), as is provided by the federal court system. Such percentage bond does not eliminate other types of bonds.*
*This bail bond alternative would require legislation to amend C.R.S. 16-4-104 and 105 and was drafted as House Bill 08-1382.
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Related Bill
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-L09 BOND APPLIED TO PRIORITY OF PAYMENTS
Before any refund to the defendant at the conclusion of the case, the bond held by the court shall be applied according to the priority of payments per C.R.S. 18-1.3-204(2.5).*
* This statute specifies the order of priority for offender fees.
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Related Bill
FY08-L10 INCREASE "GATE MONEY"
No Implementation
Increase "gate money" for first-time parolees upon release.
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FY08-L11 PROMOTE PARTNERSHIPS FOR CORRECTIONAL FACILITES
Encourage the General Assembly to provide funding that promotes partnerships between local and state public or private entities for the construction on publically owned lands of multi-purpose correctional supervision and re-entry facilities.
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Recommendation TOPIC: Legislative