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.


Tuesday, April 02, 2013

CCJRC Weekly Legislative Agenda 4/02/2013



CCJRC 2013 Legislative Update
New bills of interest to CCJRC that have been recently introduced:

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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; referred to Appropriations; not yet calendared
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: 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: Passed Senate Judiciary 5-0; referred to Senate Appropriations- not yet calendared

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; awaiting action by Governor
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: Assigned to Senate Health and Human Services-Scheduled on 4/04 at 1:30 in SCR 352
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 4/10 at 1:309 in SCR 352

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:  Assigned to Senate Judiciary; not yet calendared.
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
HB 13-1082 Concerning Juvenile Delinquency Records
Sponsors: Representative Labuda (D)
CCJRC position: support
Description:  It is anticipated that the bill will be amended extensively in the House Judiciary Committee.  As introduced, the 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: Passed House Judiciary Committee on 4/2 (7-3) referred to House for second reading.

HB 13-1085 Concerning Changes to the Crimes Eligible for Possession of Weapons by Previous Offenders
Sponsors: Representative Buck (R) and Senator Renf roe (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: Heard in House Judiciary Committee; Postponed Indefinitely
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 House on 2nd reading; will next be voted on final passage in House on 4/3. 
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 2nd reading; will next be voted on final passage in House on 4/3

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 3/21/13

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. 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 Judiciary Committee unanimously on 3/5; referred to the Appropriations Committee; Passed 2nd reading in House on 4/2; next will be voted on final passage in House on 4/3
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 and final passage; 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; 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 2nd reading 4/2; will next be voted on for final passage in House on 4/3
 
HB13-1236 Best Practices in Bond Setting
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: 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: Assigned to House Judiciary Committee- Scheduled 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; Referred to House Finance scheduled 4/10
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 Local Government 10-4; Assigned to Appropriations; not yet calendared
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 3/26/2013
HB13-1270 Refer Repeal of the Death Penalty to a Citizen Vote
Sponsors: Representative Fields (D)
CCJRC position: Oppose
Description: The bill repeals the death penalty in Colorado and make conforming amendments. The bill refers the question of repealing the death penalty to a vote of the people.
Status:  Assigned to House Local Government; Postponed Indefinitely 3/27/2013   
          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 calendared yet

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