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."]

Codify the mission and purpose of Community Corrections in language similar to that of Parole as enacted by SB 16-1215.

The referral process will include revisions to these five elements of the process to refer inmates to community corrections: 1) COV and Non-COV offender referrals, 2) Community referral packets, 3) COV and Non-COV offender program acceptance/approval process, 4) Community corrections boards utilize structured, research-based decision-making, and 5) Repeal the statutory definition of Intensive Supervision Program-Inmate. (See "Referral Process" in the "Recommendation Text" or "Status" documents.)

This recommendation addresses three elements of reentry process procedures: 1) the timing of and criteria for the reentry process, 2) the definition of "successful community corrections completion," and 3) the eligibility for achievement earned time. (See "Community Reentry Procedures" in the "Recommendation Text" or "Status" documents.)

Update orders of collateral relief in statute to: 1) Allow eligible individuals to request an order of collateral relief after the time of sentencing; 2) Eliminate duplicative statutory language regarding orders of collateral relief; and 3) Create an order of collateral relief in the Children's Code. Encourage the judiciary to develop a mechanism that will allow the identification of instances when orders of collateral relief are requested, granted, or denied.

Promote community safety and economic growth by preventing adverse employment action on the basis of arrests that did not result in a conviction, or criminal justice records that have been sealed or expunged.

Promote community safety and economic growth by: 1) Preventing consideration of arrests that did not result in a conviction, and convictions that have been pardoned, sealed, or expunged, in state licensure and employment decisions; 2) Empowering the Department of Regulatory Agencies to delist certain conditional licenses; 3) Collecting data; 4) Encouraging the elimination of mandatory collateral consequences; 5) Incentivizing opportunity expansion by state contractors; and 6) Increasing transparency of agency policies.

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.

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.

Continue or expand financial support of Colorado's adult pretrial diversion programs.  

The General Assembly should provide funding for a specialized program in the community corrections budget for very high risk offenders. This program requires a differential per diem, appropriate standards of practice, and services to address what criminologists term the "top four criminogenic needs." (Footnote: 1)

The General Assembly should increase the community corrections appropriation to include a specialized Three-Quarter House or Shared Living Arrangement program for lower risk offenders that includes a specialized per diem, appropriate program standards, and access to services to address stabilization and the minimum supervision needs of lower risk offenders.  

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

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

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

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

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

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

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

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

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

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

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

Substance abuse treatment provided while incarcerated must be accepted by private sector providers during post-release treatment. This means that any treatment module completed or treatment level attained by the offender while incarcerated shall not be required to be repeated once released.*

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.

Develop an efficient system for transferring an offender from DOC institutional custody to the custody of community corrections and/or parole supervision.

Form a collaborative of public and private agencies to identify and develop additional housing resources for special populations who have a criminal record (for example, the aging, those with mental illness, people with developmental disabilities, sex offenders,  and those medical problems).

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.

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.  

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.  

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.

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.

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.

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.

Because the research is conclusive that stable and meaningful employment is critical to recidivism reduction, the Department of Corrections should work with the Department of Labor and the Division of Vocational Rehabilitation, private businesses, trade unions, along with city, county, state and private employers to expand the number and scope of vocational programs offered in prison, and to ensure that the job skills offered by these programs are relevant and transferable to the current job market. Job placement and job readiness programs should be added in the Department of Corrections, and should be a priority for offenders approaching their release date. A focus on creating jobs for individuals coming from the Department of Corrections should be a priority for the collaborating entities.

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.

For individuals entering community corrections facilities, provide the opportunity to defer the first two to four weeks of subsistence payments for those who are indigent.

Each judicial district should be required to conduct an inventory of the services and resources, including available housing and the capacity of those resources, to address the needs of offenders reentering the community. This information should be paired with an analysis of the risk/needs of offenders released from the Department of Corrections. Re-entry service gaps must be identified, along with the costs to fill those gaps. Using this information, a plan should be developed that identifies the appropriate parties to provide services and a funding scheme. Inventory reports should be provided to the Division of Criminal Justice, which will forward the information to the Commission.

The Commission supports efforts by the Department of Corrections to expand existing apprenticeship programs.

Educate and encourage housing authorities to be no more restrictive than the HUD guidelines in refusing public housing to people with criminal records.

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.

Because the loss of a driver's license is a significant barrier to employment, and because employment is linked to crime reduction, abolish those portions of a statute that require the mandatory revocation or suspension of the defendant's driver's license for a conviction/adjudication of non-driving offenses. This recommendation does not apply to child support enforcement.

Increase "gate money" for first-time parolees upon release.