In order to reduce potential for over-supervision in probation, there should be a standardized process within Colorado Probation among all judicial districts to ensure a transparent, consistent and timely review of each adult case for early termination. Following these recommendations (Appendix A) is a list of technical considerations and areas that will need to be addressed by a working group for this process to be successful. Recommended aspects of the standardized process include: Process Development, Policy and Standards, Structured Tools, Specialized Intensive Programs, Stakeholder Education, Victim Notification, Training, Quality Assurance and Implementation.

[See the "Recommendation Text" for Appendix A: Technical Process Areas to be Addressed.]

Amends, appends, deletes and replaces several provisions of statute related to motor vehicle theft. The elements for motor vehicle theft in the first degree and second degree are changed and motor vehicle theft in the third degree is created. The penalties for motor vehicle theft are no longer based on the value of the vehicle or vehicles stolen. Motor vehicle theft in the first degree is a class 3 felony, motor vehicle theft in the second degree is a class 4 felony, and motor vehicle theft in the third degree is a class 5 felony. The recommendation creates the offense "unauthorized use of a motor vehicle" and makes it a class 1 misdemeanor, or a class 5 felony for a second or subsequent offense. These revisions comprise changes to the following elements of statute: §18-4-409, §18-4-409.5, §18-17-103, §19-1-304 and §42-2-202, C.R.S.

[See the "Recommendation Text" for the Proposed Statutory Language.]

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.]

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.]

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.]

Agencies in the state should develop policies to standardize and increase access to telehealth services for behavioral health treatment for those individuals on community supervision within the criminal justice system. This recommendation includes several propositions directed to multiple agencies to revise practice standards. These standards should address such topics as Competency of the Provider, Ethical Considerations in Standards of Care, Informed Consent, Diversity and Inclusivity Considerations, Confidentiality of Data & Information, Security & Transmission of Data & Information, Participant Guidelines and Criteria, and Telehealth Treatment Decision Making.

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.]

Amend §12-20, C.R.S., to include a new statutory section with additional professions, the practice of which without a license, should be a felony due to a public safety risk. These crimes shall be a Class 6 Felony.

[No Proposed Statutory Language. See "Recommendation Text" for the list of professions/occupations.]

Amend Colorado Revised Statutes related to theft of public benefits to clarify that the amount of theft is based on the amount of benefits paid for which the person is not legally entitled. More specifically, the level of criminal offense is based on the amount of benefits received by the person for which the person is not entitled and does not include the amount the person is entitled to receive.

[No Proposed Statutory Language]

Amend §17-2-103, C.R.S., to grant statutory authority to the Executive Director of the Colorado Department of Corrections to confine parolees in a prison facility, in addition to utilizing jails, for the purpose of confinement as an intermediate sanction for up to 14 days without filing a complaint seeking revocation of parole. This will provide the Department of Corrections and parole officers additional options for swift and sure intermediate sanctions.

[See the "Recommendation Text" for the Proposed Statutory Language.]

Amend §18-12-108, C.R.S., Possession of Weapons by Previous Offenders to include additional non-VRA felony offenses (See Appendix A) based on public safety considerations.

[No Proposed Statutory Language; see list of POWPO-eligible offenses in "Recommendation Text."]

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.]

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."]