End of Session...Triumph for CCJRC

CCJRC 2013 Legislative Wrap-Up ***************************** Whew!  It’s over. The last few days of the 2013 legislative session were hectic but very productive. Here’s a quick update of what happened in the last few days and a wrap-up on all the bills that CCJRC was tracking including those that have been signed into law (or are awaiting action by the Governor) and those that died. What happened this week CCJRC’s highest priority bill, SB 250 (drug sentencing reform bill), passed the House unanimously and is off to the Governor’s desk.  The Senate voted the previous week and passed it 34-1.  We felt confident that SB 250 would pass but never dreamed that only 1 legislator out of a 100 would vote against it.  SB 123 (address barriers to collateral consequences) also passed the House but on a more partisan 38-27 vote.  It passed unanimously in the Senate but the House was much crankier  this session. The following bills also passed through the last stages and are off to the Governor’s desk: 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), HB 1210 (repeals statute requiring a defendant charged with a misdemeanor from having to talk with the prosecutor before being eligible for a public defender) and HJR 1019 (interim task force to study legal representation for juveniles). The big twister happened with HB 1261 (repurpose Ft Lyon Correctional Facility to provide program for the homeless).  It finally got introduced in the Senate on 4/29 after having stalled for a couple of weeks.  It passed out of its first Senate Committee hearing on 5/1 only to die in the Senate Appropriations Committee on 5/3.  However, it didn’t die for long ….. later that same day it was revived in the House by amending it into another bill --  SB 210 which was a bill that had to do with DOC staffing and pay issues.  The bill went back over to the Senate since the House had amended it and several Senators objected that amending the Ft Lyon homeless program into SB 210 was unconstitutional (because it violated the single-subject mandate for bills) but there weren’t enough votes in the Senate to strip it out.  So, it passed the Senate with the Ft Lyon rider attached.  So, there you go…..unless of course someone goes to court to challenge the constitutionality of SB 210.  HB 1151 (mandatory DNA collection on people convicted of a class 1 misdo) and HB 1214 (creating a felony DUI crime) both died in committee on Tuesday at the Senate sponsor’s request. This was one of the hardest sessions CCJRC has been involved in but also the most productive in terms of the number, depth and breadth of criminal justice reform bills.  Many thanks to all sponsors and groups that carried the load including the Colorado Criminal Defense Foundation, the Colorado Criminal Defense Bar, Harm Reduction Action Center, Drug Policy Alliance-CO, the ACLU-CO, and the Colorado Juvenile Defender Coalition.  Great work everyone both on offense and defense!!!! If you’d like to make a donation to CCJRC to celebrate the close of a most successful legislative session, go to www.ccjrc.org or click the Donate Now button below. Your support is much needed and much appreciated!  Amendment 64 bills All three bills related to implementing Amendment 64 were passed (HB 1317, HB 1318, and SB 283) in a flurry of activity.  The links to the final versions are below if you want the deep details. HB 1325 (creating a permissible inference for DUI-d at 5ng THC) also passed on its third effort in one session. HB 1317 (amendment 64 implementation) HB 1318 (retail marijuana taxes) SB 283 (amendment 64 implementation) Just in case anyone thought there weren’t enough bills related to marijuana this session, Monday night Senator Morse and Senator Cadman also introduced legislation (SCR 03) that would have put two questions before voters in November; the first was the approval (or not) of the sales and excise tax for recreational marijuana and the second question was whether the provisions of Amendment 64 should be suspended if the tax measures weren’t approved by voters. It was introduced in the late afternoon, whisked off to be heard in a Senate Committee within the hour (and passed 4-1) only to be dropped by the sponsors a few hours later. That was a lot of drama and effort.  I’ve haven’t seen marijuana activists or lobbyists move so fast – fortunately a bunch of them were at the Capitol anyway working on the Amendment 64 implementation bills. 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. 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); passed House (38-27) and is awaiting action by the Governor 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 Senate (35-0); passed House (64-1); signed into law on 3/29 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 House (37-28) and is awaiting action by the Governor. 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 (35-0); passed the House (54-7-4) and is awaiting action by the Governor. 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. $3.5million in prison savings and reinvest into substance abuse treatment for people in the criminal justice system starting in FY14-15. Status:  passed Senate (34-1); passed House (65-0) and is awaiting action by the 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 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); passed Senate (26-8-1); signed into law on 3/15 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 (45-17-3); passed Senate (35-0) and is awaiting action by the Governor. 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); passed Senate (24-11); awaiting action by Governor 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 (61-2-2); passed Senate (35-0) and is awaiting action by the Governor. 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 (62-0-3); passed Senate (33-1-1) and is awaiting action by the Governor. 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 (35-28-2); passed Senate (21-14) and is awaiting action by the Governor 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 (60-2-3); passed Senate (32-0-3) and is awaiting action by the 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 (35-0); awaiting action by Governor 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); passed Senate (21-14) and is awaiting action by the Governor.  HJR13-1019: Concerning Creation of an Interim Committee To Study Legal Defense in Juvenile Justice Proceedings Sponsors: Reps 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 (34-0-1); 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 reintroduced as HB 1325 which passed the House (54-11); passed the Senate (23-12) and is awaiting action by the Governor) 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 HB13-1214 Concerning the Classification of Certain Drunk Driving Offenses as Felonies Sponsors: Rep. Waller (R) and Sen. Morse (D) 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); Postponed Indefinitely (died) in Senate Finance Committee at the request of the Senate sponsor 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); Postponed Indefinitely in Senate Finance at the request of the Senate sponsor. 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); Postponed Indefinitely in Senate Appropriations (but amended into SB 210 and passed in House and Senate) 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: was amended into SB 250 (drug sentencing reform bill)      1212 Mariposa St. #6, Denver, CO.  80204,    www.ccjrc.org   303-825-0122