SB 286 - The Most Recent Version (Sentencing Reform)

After consideration on the merits, the Committee recommends that SB09-286 be
amended as follows, and as so amended, be referred to the Committee of the Whole
with favorable recommendation.
Amend printed bill, strike everything below the enacting clause and
substitute the following:

"SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) In 2007, it created the Colorado commission on criminal and
juvenile justice, referred to in this section as the "commission", in
House Bill 07-1358;

(b) The commission was tasked with enhancing public safety,
ensuring justice, and ensuring protection of the rights of victims
through the cost-effective use of public resources by studying
evidence-based, recidivism reduction initiatives that ensure the
cost-effective expenditure of limited criminal justice funds;

(c) Based on that study and consistent with its mission, the
commission developed sixty-six recommendations, including six bills
referred to the general assembly during the 2009 legislative session;
and
41
(d) The state of Colorado faces an unprecedented budget crisis
during the coming fiscal year, and it is imperative that the general
assembly consider cost-saving measures in the criminal justice
system during the second regular session of the sixty-seventh general
assembly.
(2) Therefore, the general assembly determines that it is necessary
to direct the commission to prioritize the study of sentencing reform
while maintaining the public safety.

SECTION 2. 16-11.3-103, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SUBSECTION to read:

16-11.3-103. Duties of the commission - mission - staffing -
repeal. (2.5) (a) USING EMPIRICAL ANALYSIS AND EVIDENCE-BASED
DATA, THE COMMISSION SHALL STUDY SENTENCING PRACTICES IN
COLORADO.

(b) SPECIFICALLY, THE COMMISSION MAY STUDY, INCLUDING BU T
NOT LIMITED TO THE FOLLOWING SENTENCING AREAS:

(I) A STATEWIDE DEPARTMENT OF CORRECTIONS CORRECTIONAL
FACILITY MANAGEMENT PLAN AND POTENTIAL DEPARTMENT OF
CORRECTIONS CORRECTIONAL FACILITY BED LIMITATION;

(II) SENTENCING PRACTICES RELATED TO THE OFFENSE OF DRIVING
UNDER RESTRAINT DESCRIBED IN SECTION 42-2-138, C.R.S.;

Senate Journal-112th Day-April 28, 2009 Page 1341
(III) SENTENCING PRACTICES RELATED TO DRUG CRIMES
DESCRIBED IN ARTICLE 18 OF TITLE 18, C.R.S.; AND
(IV) WHETHER PAROLE SHOULD BE INCLUDED IN THE SENTENCE OR
OUTSIDE THE SENTENCE.

(c) (I) BY NOVEMBER 30, 2009, THE COMMISSION SHALL UPDATE
THE GOVERNOR, THE ATTORNEY GENERAL, THE CHIEF JUSTICE OF THE
SUPREME COURT, AND THE EXECUTIVE COMMITTEE OF THE GENERAL
ASSEMBLY REGARDING THE COMMISSION'S FINDINGS,
RECOMMENDATIONS, AND PROPOSED PLAN FOR THE ONGOING STUDY
OF SENTENCING REFORM. ADDITIONALLY, BY FEBRUARY 1, 2010, THE
COMMISSION SHALL PROVIDE THE EXECUTIVE COMMITTEE OF THE
GENERAL ASSEMBLY WITH SPECIFIC RECOMMENDATIONS REGARDING
THE SENTENCING PRACTICES STUDIED PURSUANT TO PARAGRAPH (b)
OF THIS SUBSECTION (2.5).

(II) THIS PARAGRAPH (c) AND PARAGRAPH (b) OF THIS SUBSECTION
(2.5) ARE REPEALED, EFFECTIVE JULY 1, 2010.

SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".