Who is the Colorado Criminal Justice Reform Coalition?

Our mission is to reverse the trend of mass incarceration in Colorado. We are a coalition of nearly 7,000 individual members and over 100 faith and community organizations who have united to stop perpetual prison expansion in Colorado through policy and sentence reform.

Our chief areas of interest include drug policy reform, women in prison, racial injustice, the impact of incarceration on children and families, the problems associated with re-entry and stopping the practice of using private prisons in our state.

If you would like to be involved please go to our website and become a member.


Friday, February 22, 2013

Weekly Legislative Update 2/23/13



CCJRC 2013 Legislative Update

February 22, 2013

Here’s our weekly legislative update.  A couple of new bills were introduced this week including:





You can read more on each below.  Bills are ordered in sequence, starting with Senate Bills (SB).

*     *     *     *     *     *     *     *
Sponsors: Senator Morse (D) and Representative Waller (R)
CCJRC position: support
Description:  The Colorado Commission on Criminal & Juvenile Justice (CCJJ) has a repeal date of July 1, 2013.  This bill would eliminate the repeal date and continue the CCJJ. This bill is based on a recommendation from the CCJJ.
Status:  Passed the Senate on 2/22; will next be introduced in the House

Sponsors: Senator Aguilar (D)
CCJRC position: support
Description:  This bill would provide immunity from criminal prosecution and immunity from civil liability if a person, acting in good faith, administers an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose. A licensed health-care practitioner who is permitted by law to prescribe or dispense an opiate antagonist shall be immune from criminal prosecution for and is not liable for any civil damages resulting from such prescribing.
Status:  Passed the Senate Health & Human Services Committee (5-1) on 2/14.  Scheduled in Senate Appropriations Committee on 3/1 at 8:00am

Sponsors: Senator Steadman (D) and Representative Levy (D)
CCJRC position: support-priority
Description: Under current law, drug convictions are eligible for record sealing; this bill extends the eligibility for sealing to most other crimes. Sets specific waiting periods, other eligibility criteria, and procedures.  The bill also provides that a pardon issued by the governor waives all collateral consequences, unless the pardon limits the scope.
Status: Assigned to Senate Judiciary; not yet calendared.

Sponsor: Senators Lambert (R), Hodge (D), Steadman (D); and Representatives Gerou (R), Duran (D) and Levy (D)  (Joint Budget Committee Members)
CCJRC position: Support
Description: Reduces the number of available juvenile detention beds statewide from 422 beds to 382 beds as of April 1, 2013.
Status: Passed the Senate on 2/22; will next be introduced in the House

Sponsors: Representative Levy (D) and Senator Steve King (R)
CCJRC position: support
Description: The bill moves the crime of newspaper theft and renames it interference with lawful distribution of newspapers. This bill is based on a recommendation from the Commission on Criminal & Juvenile Justice.
Status: Passed House 64-0 and passed Senate 35-0; awaiting action by Governor

Sponsors: Representative Rosenthal (D)
CCJRC position: support
Description:  For youths confined in a juvenile facility in the custody of the Division of Youth Corrections (DYC) who will be 18 years of age or older on the date of the next elections, this bill requires the administrator of DYC facilities to provide information and facilitate voter registration and voting by mail-in ballot.
Status:  Passed House (36-28-1) on 2/11; introduced in Senate and assigned to State, Veterans and Military Affairs Committee; not yet calendared for hearing

Sponsors: Representative Labuda (D)
CCJRC position: support
Description:  This bill requires the court to initiate expungement proceedings not more than thirty days after a juvenile’s sentence is expired; however, for a juvenile adjudicated as an aggravated juvenile offender or violent juvenile offender or adjudicated for a felony offense of unlawful sexual behavior, the court shall initiate expungement proceedings not more than five years after the sentence is discharged.  The bill also limits public access to arrest and criminal records information to those juveniles adjudicated for a class 1 felony or the crime of possession of a handgun by a juvenile.
Status: Assigned to House Judiciary Committee – not yet calendared

Sponsors: Representative Buck (R) and Senator Renfroe (R)
CCJRC position: support
Description:  Under current law, it is a crime for a person convicted of any felony offense to possess a firearm. This bill would limit the prohibition on possessing a firearm to those felony convictions under the victim’s rights act, burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
Status: Will be heard in House Judiciary Committee for action only; not yet calendared.




Sponsors: Representatives Waller (R) and Fields (D)
CCJRC position: monitor
Description:  In a DUI prosecution, if the driver’s blood contains 5 nanograms or more of delta THC per milliliter in blood (based on a blood test), such fact gives rise to a permissible inference that the driver was under the influence.  This bill is based on a recommendation from the Colorado Commission on Criminal & Juvenile Justice.
Status: Scheduled to be heard in House Judiciary Committee on 2/26  in Old Supreme Court Chambers

Sponsors: Representative Pettersen (D) and Senator Newell (D)
CCJRC position: support
Description: This bill creates a resource center in the Division of Criminal Justice to promote evidence-based practices by criminal justice agencies. An advisory board will oversee the resource center which includes, at a minimum, the executive directors of the department of public safety, department of corrections, the department of human services, and the division of probation. The Division of Criminal Justice will report to the General Assembly by July 1, 2014 and every 3 years thereafter.  This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status:  Passed House Judiciary unanimously on 2/19; referred to Appropriations- not yet calendared
Sponsors: Representative Foote (D) and Senator Roberts (R)
CCJRC position: priority support
Description: This bill repeals the extraordinary risk sentencing enhancer.  Also adds certain child abuse crimes and stalking crimes to the list of Crime of Violence offenses.  This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status:  Assigned to House Judiciary Committee; not yet calendared
Sponsors: Rep Levy (D) and Senator Steadman (D)
CCJRC position: priority support
Description: Creates a pre-filing diversion programs for adults statewide. The district attorney is required to develop eligibility guidelines and may enter into a diversion agreement with a defendant for up to two years without filing a criminal case against the defendant. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status:  Assigned to House Judiciary Committee; not yet calendared
Sponsors: Rep Pabon (D) and Senator King (R)
CCJRC position: priority support
Description: This bill repeals theft of rental property and theft by receiving as separate statutes and incorporates these crimes into the theft statute. It also changes the amount for various offense levels. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status:  Passed House Judiciary Committee unanimously on 2/21; will next be heard in Appropriations

Sponsors: Rep. Kagan (D) and Senator Steadman (D)
CCJRC position: support
Description: This bill will make Colorado law consistent with recent U.S. Supreme Court decisions regarding the right to legal counsel during critical stages, including plea negotiations, this bill repeals the statute that requires an indigent person charged with a misdemeanor, petty offense, or motor vehicle or traffic offense to meet with the prosecuting attorney before legal counsel is appointed.
Status: Assigned to House Judiciary Committee-not yet calendared.

Sponsors: Rep. Waller (R)
CCJRC position: Monitor
Description: Under current law, a conviction for DUI, DUI per se, or DWAI  is considered a misdemeanor offense.  The bill states that such an offense is a class 5 felony if:  the violation occurred not more than 7 years after the first of two prior convictions or if the defendant has 3 prior DUI or DWAI convictions
Status: Passed unanimously in House Judiciary Committee on 2/21; will next be heard in Appropriations
Sponsors: Rep. Szabo (R); Rep. Priola (R)
CCJRC position: Oppose
Description: Under current law a person who commits vehicular homicide and is sentenced to prison is eligible for parole after serving 50% of his or her sentence. The bill changes parole eligibility to 75% of the sentence served less earned time awarded if the person is convicted of vehicular homicide and has a serious previous driving offense conviction, including vehicular assault, DUI etc.
Status: Will be heard in House State, Veterans, & Military Affairs on 3/4 at 1:30 in LSB-A

Sponsors: Rep. Williams (D), Pabon (D), Buckner (D), Court (D), Hullinghorst (D), Melton (D), Pettersen (D), Salazar (D);  and Senator Guzman (D)
CCJRC position: Support
Description: With certain limitations, the state shall compensate a person, or the immediate family members of a person, who has been: wrongly convicted of a felony, or wrongly adjudicated a juvenile delinquent for the commission of an offense that would be a felony if committed by a person 18 years of age or older; incarcerated; and exonerated and found to be actually innocent.
Status: Will be heard in House Judiciary Committee on 3/7 at 1:30 p.m., Room 0112

Sponsers:  Senator Ulibarri (D), and Rep. Levy (D)
CCJRC position: support
Description: The bill repeals and reenacts the provisions of the criminal procedure code related to bail bonds. The new provision places a greater emphasis on evidence-based and individualized decision-making during the bond-setting process and discourages use of monetary conditions for bond. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status: Will be heard in House Judiciary Committee on 2/28 at 1:30pm in the Old Supreme Court

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