CCJRC Weekly Legislative Update
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We are in the last days of the legislative session which ends on May 8th.
This is the phase where things get more tense, intense, and just
plain-old chaotic. Here’s a quick update of what happened last week and
what’s on deck for next week. We also include a detailed summary of
individual bills organized by those that are still pending, those that
have been signed into law (or are awaiting action by the Governor), and
those that have died.
What happened last week
Last
week (4/22-4/26) saw some great progress. The following bills made it
through their final vote and are off to the Governor’s desk for
signature! SB 07 (CCJJ continuation), SB
14
(immunity from civil and criminal liability for providing opiate
antagonist drug to someone at risk of over-dose), HB 1129 (expanding
evidence-based practice training for criminal justice agencies), and HB
1236 (best practices in bonding). Lots of great work by the Harm
Reduction Action Center and Drug Policy Alliance (SB 14), the Criminal
Defense Bar and Criminal Defense Foundation (HB 1236) and the Department
of Public Safety for shepherding the two bills based on recommendations
from the Commission on Criminal & Juvenile Justice (SB 07 and HB
1129).
Other bills advanced through
various votes (but still have a way to go), including SB 250 (drug
sentencing reform), SB 208 (changes to drug paraphernalia law), HB 1082
(juvenile record sealing), HB 1156 (expanding pre-filing diversion), HB
1160 (changes in theft laws), HB 1230 (compensation for people
exonerated by DNA evidence who had been convicted and incarcerated), and
HJR 1019 (interim task force to study legal representation for
juveniles).
Unfortunately, two other
bills also advanced including HB 1151 (mandatory DNA collection on
people convicted of class 1 misdemeanor) and HB 1214 (creating a felony
DUI law). Both bills passed out of the House and have been introduced
in the Senate. Both cost money to implement (and the state budget bill
is already done), so passage of these bills will be an uphill battle—but
there’s that saying about counting chickens before they are
hatched—particularly since Senate President Morse is the sponsor of both
these bills. Both bills were assigned to Senate Finance Committee
instead of Senate Judiciary Committee but have not yet been calendared.
Several
bills related to Amendment 64 implementation were also just introduced.
They are long and complicated so we do not have a summary of them
included under the Pending Legislation section. If you want to review
them, we’ve provided a link to each bill.
One
bill died and then came back to life. HB 1114 (permissible inference at
5ng for DUI-marijuana) passed the House (57-6-2) and then died in the
Senate Judiciary Committee (1-4). But it was resurrected in the House
when the entire content of HB 1114 was amended into HB 1317 (Amendment
64 implementation) on second reading.
Also
HB 1261 (bill to repurpose Ft Lyon Correctional Facility to homeless
service program) has stalled. Although it passed the House on 4/15, it
has yet to be introduced in the Senate. The long delay means that the
bill doesn’t have enough support in the Senate to pass, at least not
yet.
What’s Happening This Week
This
week (4/29-5/3) is the last full week of session. The calendar gets
less predictable from here on out and bills can get set for a vote
without a lot of notice. For each bill under Pending Legislation, we’ve
included a specific date for a committee hearing or floor vote based on
the latest information available. There is still a huge volume of bills
to get through the process and both the House and Senate worked later
into the evening last week. This upcoming week is likely to be the same.
It’s a race to the finish!!!!!
Pending Legislation
SB 13-123 Concerning Provisions That Improve The Reintegration Opportunities for Persons Involved in the Criminal Justice System
Sponsors: Senator Steadman (D) and Representative Levy (D)
CCJRC position: support-priority
Description:
As amended, the bill would allow petty offenses and municipal
violations to be eligible for sealing through a court process; requires
the court to provide written advisement of sealing available following a
conviction for a petty or municipal offense. The bill would also allow a
judge to grant relief from a collateral consequence at sentencing if
the defendant met other eligibility requirements and requires that the
Commission on Criminal & Juvenile Justice make recommendations and
submit a report no later than December 15, 2013 on specific strategies
for reducing the collateral consequences of a criminal conviction or
other recommendations to improve reentry.
Status: passed Senate (35-0); scheduled in House Judiciary on 4/30 at 1:30 in rm 0112.
SB 13–208 Concerning Limitations on Drug Paraphernalia Laws
Sponsors: Sen. Steadman (D), Sen. Aguilar (D), Sen. Guzman (D), Sen. Hudak (D), Sen. Nicholson (D), Sen. Ulibarri (D) and Rep May (D)
CCJRC Position: support
Description:
Current criminal law exempts from prosecution people who possess
paraphernalia if they are an employee or volunteer of a syringe exchange
program approved by the department of public health and environment.
The bill extends this exemption to persons who are participants in an
approved program.
Status: passed Senate (28-6); passed second reading in the House on 4/26; will next be heard on 3
rd and final passage in House on 4/29
SB13-244 Substance Abuse Trend and Response Task Force
Sponsors: Senator Guzman (D) and Representative Kagan (D)
CCJRC position: monitor
Description:
This bill extends the repeal date for the Methamphetamine Task Force,
expands membership from 16-22 members, expands the scope and renames it
to the Substance Abuse Trend and Response Task Force
Status:
passed Senate unanimously (35-0) on 4/15; passed the House on 4/26 but
will need to go back to Senate for concurrence/repassage because it was
amended by the House. Scheduled on 4/29.
SB13-250 Concerning Changes to Sentencing for Persons Convicted of Drug Crimes
Sponsors: Sen. Steadman (D) and Sen. S. King (R) and Rep. Levy (D)
CCJRC position: priority-support
Description:
This bill is based on numerous recommendations from the Commission on
Criminal & Juvenile Justice that would rewrite the Controlled
Substances Act. Major provisions include: creating a stand-alone
sentencing scheme for drug offenses; consolidating all drug possession
of scheduled substances into one felony level but allowing that felony
to be reduced to a misdemeanor upon successful completion of probation
or community corrections sentence, if other criteria is met; requiring
the court to exhaust all appropriate and available sentencing options
for convictions of a level 4 drug felony prior to sentence to
incarceration; allows people convicted of a misdemeanor to be supervised
on intensive supervised probation if assessed to be higher risk;
creating different felony crime levels to distinguish between low,
medium, and high-level dealers based on drug quantity; expanding access
to treatment for people serving a sentence for a drug offense; and
making numerous conforming amendments.
Status:
passed Senate Judiciary unanimously on 4/15; passed Appropriations on
4/26 (6-1) and was amended to take $3.5million in prison savings and
reinvest into substance abuse treatment for people in the criminal
justice system starting in FY14-15; is scheduled for second reading in
the Senate on 4/30.
SB13-253 Concerning a Deferred Judgment for a Drug Offense When There is a Violation of the Deferred Judgment
Sponsors: Sen. Steadman (D) and Representative Levy (D)
CCJRC Position: support- priority
Description:
Under current law, a violation of the terms of a deferred judgment
requires the court to enter the defendant’s guilty plea. The bill
allows the court to continue deferred judgment after a violation in a
drug case and impose new conditions that may assist the defendant in
successfully completing the deferred judgment.
Status: passed Senate Judiciary (5-0) 4/17; scheduled for second reading in the Senate on 4/29.
HB 13-1082 Concerning Juvenile Delinquency Records
Sponsors: Representative Labuda (D)
CCJRC position: support
Description: As amended, the bill makes numerous changes to the procedures for expunging juvenile criminal records.
Status: passed House on 4/11 (45-17-3); passed Senate Judiciary 4/24 unanimously and is will next be voted on 2
nd reading in Senate. Scheduled on 4/29.
HB13-1156 Concerning Creation of an Adult Diversion Program
Sponsors: Rep Levy (D) and Senator Steadman (D)
CCJRC position: priority support
Description:
Creates a pre-filing diversion programs for adults statewide and
creates a state grant program that district attorneys can apply for
funding to create or expand an adult pre-filing diversion program. 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: passed House on 4/5; passed second reading in the Senate on 4/26; scheduled for third reading in the Senate on 4/29.
HB13-1160 Concerning Criminal Theft
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 on 3rd reading;
passed Senate Judiciary on 4/24 (5-0); passed Appropriations (5-1-1) on
4/26; will next be heard on second reading the Senate on 4/30.
HB13-1210 Concerning Appointment of Legal Counsel During Plea Negotiations for Indigent Adult Defendants
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: passed House on 4/16 (35-28-2); scheduled for Senate Judiciary on 4/29 at 1:30 in Old Supreme Court.
HB13-1214 Concerning the Classification of Certain Drunk Driving Offenses as Felonies
Sponsors: Rep. Waller (R)
CCJRC position: Oppose
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. Estimated increase in prison costs is at
least $16million a year.
Status: passed House (55-8-2); assigned to Senate Finance; not yet calendared
HB13-1230 Concerning Compensation For Persons Who Are Exonerated of their Crimes After a Period of Incarceration
Sponsors:
Rep. Williams (D), Pabon (D), Buckner (D), Court (D), Hullinghorst (D),
M elton (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: passed House on 4/9; passed Senate Judiciary; 4/24 (5-0); scheduled in Senate Appropriations 4/29
HB 13-1251 Concerning Collection of a DNA Sample from Offenders Convicted of a Misdemeanor
Sponsors: Representatives Pabon (D) and Foote (D) and Senator Morse (D)
CCJRC position: oppose
Description:
Under current law, only people convicted of a misdemeanor involving
unlawful sexual conduct must provide a DNA sample for inclusion in the
DNA database at the Colorado Bureau of Investigation. As amended, the
bill would require collection of a DNA sample from all persons convicted
of a class 1. In 2012, there were over 20,000 people convicted of a
class 1 misdemeanor.
Status: passed House (43-21-1); assigned to Senate Finance-not yet calendared.
HB13-1254 Concerning Restorative Justice
Sponsors: Representative Lee (D), Senator Newell (D)
CCJRC position: Support
Description:
Under current law, restorative justice victim-offender conferences must
be initiated by the victim. The bill modifies the requirement of victim
initiation in some instances to permit district attorney or offender
initiation. There is a restorative justice coordinating council
established in the state court administrator's office; the bill adds: a
member of the parole board; a representative from the department of
corrections, a representative from a statewide organization representing
victims; and a restorative justice practitioner. The bill creates a
pilot project for restorative justice programs in 4 judicial districts.
Status: passed House (35-27-3); scheduled in Senate Judiciary 4/29 at 1:30 in Old Supreme Court.
HB13-1261 Concerning the Use of the Property Where the Fort Lyon Correctional Facility Was Located
Sponsors: Representative Garcia (D) and Rep. Dore (R)
CCJRC position: monitor
Description:
The bill designates a portion of the Fort Lyon property, which was the
site of a former state correctional facility, as a transitional
residential community for the homeless to provide substance abuse
supportive services, medical care, job training, and skill development
for the residents.
Status: passed House (49-13-3) on 4/15; introduced in the Senate; not yet assigned committee or calendared.
HJR13-1019: Concerning Creation of an Interim Committee To Study Legal Defense in Juvenile Justice Proceedings
Sponsors: Representatives Levy (D) and Navarro (R) and Senators Giron (D) and Harvey (R)
CCJRC position: monitor
Description:
Creates a legislative committee of six voting members from the House
and Senate and the up to ten non-voting members may also be appointed.
The interim legislative committee shall meet no less than four times and
shall evaluate multiple issues related to the availability, timing and
proficiency of legal representation of juveniles.
Status: passed House 4/8; passed Senate Judiciary and Senate Legislative Council committees unanimously; will next be voted on 2
nd reading in Senate on 4/30.
Legislation Signed into Law (or awaiting action by the Governor)
SB 13-007 Concerning the Repeal Date of the Colorado Commission on Criminal & Juvenile Justice
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 was amended to set a new repeal
date and continue the CCJJ. This bill is based on a recommendation from
the CCJJ.
Status: passed Senate 30-5 (2/22) and passed House on 4/22; awaiting action by Governor.
SB 13-014 Concerning the Use of Opiate Antagonists to Treat Persons Who Suffer Opiate-Related Drug Overdose Events
Sponsors: Senator Aguilar (D) and Rep. Pettersen (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 Senate (26-8-1); passed House 63-1-1 4/23; awaiting action by Governor.
HB 13-1014 Concerning the Taking of Newspapers
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; passed Senate 35-0; signed into law by the Governor on 2/27
HB 13-1129 Concerning Creating the Evidence-Based Practices Implementation for Capacity Resource Center
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 (57-6-2) 4/5; passed Senate on 4/26; awaiting action by Governor
HB13-1236 Best Practices in Bond Setting
Sponsors: 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: passed House (63-1-1); passed Senate on 4/18; repassed House (59-5-1) on 4/22 and is awaiting action by Governor
Legislation that Died
HB 13-1085 Concerning Changes to the Crimes Eligible for Possession of Weapons by Previous Offenders
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: House Judiciary Committee Postponed Indefinitely on 4/2
HB13-1148 Concerning Changes to Aggravated Sentencing Provisions
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. Bill is based on a recommendation by the Colorado
Commission on Criminal & Juvenile Justice.
Status: House Judiciary Postponed Indefinitely on 3/21
HB 13-1114 Concerning Penalties for Persons Who Drive While Under the Influence of Alcohol or Drugs
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: Died in Senate Judiciary 4/22 (but amended into HB 1317)
SB13-239 Avoid Conflicts of Interest in Probation Services
Sponsors: Sen. Ulibarri (D), Sen. Guzman (D), Rep. Salazar (D)
CCJRC position: monitor
Description:
The bill clarifies that an entity that provides probation or case
management oversight services to a defendant cannot also provide
offender treatment, chemical dependency education and treatment, or
domestic violence or mental health services to the same defendant or
hold a financial interest in an entity that provides such education or
treatment services to the same defendant. A private probation provider
is prohibited from directing a probationer it supervises to a particular
treatment provider.
Status: passed Senate Judiciary on 4/17 (3-2); died on second reading in the Senate
Thank you again for your
generosity to this organization. Your involvement is deeply
appreciated. Together we will continue to do the work that truly makes a
difference.
Christie Donner, Executive Director
Pamela Clifton, Communications Coordinator
Ellen Toomey-Hale, Finance and Development Coordinator
John Riley, Coalition Coordinator