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]
Implementation Complete
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
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
FY13-CS03 ELIMINATE COLORADO'S EXTRAORDINARY RISK STATUTE
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
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-SO02 COLLABORATIVE SEX OFFENDER TRAINING MODULES
Implementation Complete
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-D08 TRAINING ON EVIDENCE-BASED DUI SENTENCING PRACTICES
Training for court professionals on best practices for DUI cases should be expanded. To this end, the Commission will identify a working group to develop a short training curriculum for professionals in the criminal justice system on the subject of evidence-based sentencing practices for multiple DUI offenders. This information should be presented at the annual conferences for judges, the Colorado District Attorneys Association, and the Colorado Defense Bar.
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).
Recommendation Text
Status
Related Bill
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-S02 DEMONSTRATION PROJECT: INTERMEDIATE SANCTIONS FOR ESCAPE FILINGS
Implementation Unknown
Study in designated pilot sites the viability of responding to offenders who abscond from a community corrections halfway house or Intensive Supervision Parole (inmate status) by imposing on those offenders intermediate sanctions instead of escape filings. Data from the pilot sites would be combined with community corrections escape data to determine whether intermediate sanctions appear to be safe and effective in the management of offenders who walk away from halfway houses.
Recommendation Text
Status
FY10-S04 AGGRAVATED RANGES, EXTRAORDINARY RISK CRIMES, AND MANDATORY MINIMUM SENTENCES
Implementation Complete
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.
Recommendation Text
Status
Recommendation TOPIC: Sentencing