CCJRC Weekly Legislative Update 4/7/13

CCJRC Weekly Legislative Update

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New bills of interest to CCJRC that have been recently introduced

SB13-253 Concerning a Deferred Judgment for a Drug Offense When There is a Violation of the Deferred Judgment
HJR13-1019: Concerning Creation of an Interim Committee To Study Legal Defense in Juvenile Justice Proceedings
We are in the last few weeks of the legislative session which ends on May 8^th.  There are still a number of criminal justice bills that are pending and things will start moving much faster.  In order to better help you track bills that might be of interest to you, we are including a list of bills that are scheduled to be heard in committee next week. We have also organized this information into Pending Legislation, Legislation Signed into Law, and Legislation that has Died.

Bills Up in Committee Next Week

Note: Additional bills may be added to House or Senate Committee calendars during the week.   
Mon, April 8
Senate Judiciary:  SB 229: Criminal Omnibus; SB 244 Substance Abuse Trend and Response Task Force
Tues, April 9
Senate Judiciary:  SB13-239: Avoid Conflict of Interest in Probation Services
Wed, April 10
Senate Judiciary:  HB13-1236 Best Practices in Bond Setting
House State, Veterans & Military Affairs:  HB13-1217 Concerning Parole Eligibility of a Person Convicted of Vehicular Homicide (upon adjournment-action only)
House Finance:  HB13-1254: Concerning Restorative Justice
Thurs, April 11
House Judiciary:  HB13-1251 Concerning Collection of a DNA Sample from Offenders Convicted of a Misdemeanor
Friday, April 12
House Appropriations Committee: 
SB13-007:   Concerning the Repeal Date of the Colorado Commission on Criminal & Juvenile Justice
HB13-1210: Concerning Appointment of Legal Counsel During Plea Negotiations for Indigent Adult Defendants
HB13-1214: Concerning the Classification of Certain Drunk Driving Offenses as Felonies
HB13-1261: Concerning the User of the Property Where the Fort Lyon Correctional Facility Was Located
Senate Appropriations Committee: 
SB13-123:  Concerning Provisions that Improve the Reintegration Opportunities for People Involved in the Criminal Justice System
Monday, April 15
Senate Judiciary Committee:   SB13-250:  Concerning Changes to Sentencing for Persons Convicted of Drug Crimes

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Pending Legislation

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 on 2/22; Passed House Judiciary Committee unanimously on 3/14; next will be hearing in House Appropriations on April 12 at 7:30

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 the Senate 3/6 (26-8-1); Passed Health, Insurance & Environment Committee on 3/19 (11-0); Referred to Appropriations; not yet calendared.
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 Judiciary 5-0; will next be heard in Senate Appropriations on 4/12 at 7:30am
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 Health and Human Services (6-1); on calendar for 2nd reading in Senate on 4/8
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: Assigned to Senate Judiciary; scheduled on 4/9 upon adjournment  in SCR 352
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: Will be heard in the Senate Judiciary Committee on 4/8
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:  Will be heard in Senate Judiciary on 4/15 at 1:30pm
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: Scheduled for Senate Judiciary; not yet calendared
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 Judiciary Committee on 4/2 (7-3); on calendar for 2nd reading in the House on 4/8
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: Passed the House on 3rd reading on 4/5; will next be introduced in the Senate
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 on 3rd reading on 4/5; will next be introduced in the Senate
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 3rd reading in House on 4/5; will next be introduced in the Senate
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; will next be introduced in Senate
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 Judiciary Committee (8-2); Scheduled for House Appropriations on 4/12 at 7:30
HB13-1214 Concerning the Classification of Certain Drunk Driving Offenses as Felonies
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 DW AI convictions
Status: Passed unanimously in House Judiciary Committee on 2/21; Scheduled for House Appropriations on 4/12 at 7:30
HB13-1217 Concerning Parole Eligibility of a Person Convicted of Vehicular Homicide
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, D UI etc.
Status: Heard in House State, Veterans, & Military Affairs-witness testimony only; scheduled for 4/10; upon adjournment for action only.
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: On calendar for 2nd reading in the House on 4/8
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); Assigned to Senate Judiciary on 4/10 at 1:30 in SCR 352
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. The bill would require collection of a DNA sample from all persons convicted of a class 1, 2, or 3 misdemeanor.
Status: Will be heard in House Judiciary Committee on 4/11 at 1:30 in Rm 0112
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 Judiciary (6-4) on 3/26; will next be heard in House Finance on 4/10 at 1:30pm
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 Local Government 10-3; will next be heard in House Appropriations on 4/12 at 7:30am
HB13-1279  Concerning Detention Procedures For Juveniles
Sponsors: Representative Labuda (D); Rep. Schafer (D)
CCJRC position: Monitor
Description: The bill instructs the courts in juvenile cases to seek to limit premature waiver of counsel by a juvenile in detention hearings. The bill also requires juveniles to be free of physical restraints during hearings unless the court makes specific findings of fact to the contrary that allow for physical restraints to maintain order in the courtroom, prevent the juvenile's escape, or provide for the safety of the courtroom.
Status: Assigned to House Judiciary; not yet 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 Judiciary and 2nd reading; on the calendar for 3rd reading in House

Legislation Signed into Law

SB13-177 Concerning Changes to Juvenile Corrections Programs and, in Connection Reducing the Juvenile Detention Bed Cap
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 35-0 on 2/22; Passed House 64-1 on 3/15; Signed into law on 3/29/13
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 and passed Senate 35-0; signed into law by the Governor on 2/27
HB 13-1038 Concerning the Voting Rights of Individuals in the Custody of the Division of Youth Corrections within the Department of Human Services
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;  Passed Senate (26-8-1) on 3/6; Signed by the Governor on 3/15

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. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status: House Judiciary Postponed Indefinitely on 3/21
HB13-1264 Concerning the Repeal of the Death Penalty by the General Assembly
Sponsors: Representative Levy (D), Rep. Melton (D), and Rep. Priola (R).  Senator Guzman (D) and Senator Carroll (D)
CCJRC position: support-priority
Description: The bill repeals the death penalty in Colorado for offenses committed on or after July 1, 2013
Status: Assigned to House Judiciary; Postponed indefinitely on 3/26
HB13-1270 Refer Repeal of the Death Penalty to a Citizen Vote
Sponsors: Representative Fields (D)
CCJRC position: Oppose
Description: The bill refers the question of repealing the death penalty to a vote of the people.
Status:  Assigned to House Local Government; Postponed Indefinitely 3/27