Journal for 02/25/2000

House Journal--52nd Day--February 25, 2000

1/25/100

3:25 PM

HOUSE JOURNAL

SIXTY-SECOND GENERAL ASSEMBLY
STATE OF COLORADO
Second Regular Session

Fifty-second Legislative Day Friday, February 25, 2000

Prayer by Father Ed Judy, Samaritan House, Denver.

The Speaker called the House to order at 9:00 a.m.

The roll was called with the following result:

Present--63.

Excused--Representatives Kester, Tate--2.

The Speaker declared a quorum present.

_______________

On motion of Representative Coleman, the reading of the journal of February 24, 2000, was dispensed with and approved as corrected by the Chief Clerk.

_______________

REPORTS OF COMMITTEES OF REFERENCE

AGRICULTURE, LIVESTOCK, AND NATURAL RESOURCES

After consideration on the merits, the Committee recommends the following:

SB00-029

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 2, line 25, strike "(c) (I)" and substitute "(2) (a)".

Page 3, line 2, strike "(A)" and substitute "(I)";

line 5, strike "(B)" and substitute "(II)";

line 7, strike "(C)" and substitute "(III)";

line 8, strike "(II)" and substitute "(2) (b)";

line 12, strike "(d)" and substitute "(3)".

SJR00-003

be amended as follows and as so amended be referred out for final action:

Amend reengrossed joint resolution, page 2, line 13, strike "fifty-three" and substitute "fifty-five".

Page 4, after line 40, insert the following:

"Gypsum, Town of Wastewater treatment system improvements including, but not limited to, treatment plant.".

Page 6, after line 34, insert the following:

"Three Lakes Water and Wastewater treatment system

Sanitation District improvements including, but not limited to, treatment plant.".

STATE, VETERANS AND MILITARY AFFAIRS

After consideration on the merits, the Committee recommends the following:

SB00-077

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 3, line 13, after "(2)", insert "(a)";

after line 15, insert the following:

"(b)

Any rule of the P.O.S.T. board establishing the criteria for basic certification shall provide that a basic certification will be issued only after an applicant has successfully demonstrated to the P.O.S.T. board a proficiency in all skill areas as required by section

24-31-305.".

TRANSPORTATION AND ENERGY

After consideration on the merits, the Committee recommends the following:

SB00-129

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend reengrossed bill, page 5, line 7, after "

", insert "

Repeal.

strike line 8 and substitute the following: "is repealed as follows:";

strike lines 9 through 26.

Page 6, strike lines 1 through 3 and substitute the following:

40-3-106. Advantages prohibited - graduated schedules.

(1) (b) (I) One or more rail carriers may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions. Such a rail carrier may not enter into a contract with purchasers of rail services except as provided in 49 U.S.C. 10713 and any rules and regulations adopted by the commission pursuant to this paragraph (b).

(II) Each contract entered into under this section shall be filed with the commission, together with a summary of the contract containing such nonconfidential information as the commission prescribes. In addition to any other rules or regulations adopted by the commission to implement this paragraph (b), which shall be in conformance with 49 U.S.C. 10713, The commission shall publish special tariff rules for such contracts in order to assure that the essential terms of the contract are available to the general public in tariff format.

(III) A contract filed under this section shall be approved by the commission in the manner provided in 49 U.S.C. 10713 and the commission's rules and regulations pursuant thereto. Once approved, a contract governs the transportation to which it applies, and the provisions of this title which may be in conflict with the contract shall not apply thereto for the term of the contract.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has postponed indefinitely and returns herewith: HB00-1282.

______________

INTRODUCTION OF RESOLUTION

The following resolution was read by title and laid over one day under the rules:

HJR00-1009

By Representatives Sinclair, Dean, Gagliardi, Hagedorn, Johnson, Mace, May, Miller, Scott, Spence, Spradley, Swenson, Takis, Tochtrop, Williams S., Windels, Zimmerman, Berry, and Taylor; also Senators Owen, Dyer, Epps, Evans, and Tebedo--Concerning the exhortation of the President and Congress of the United States to take action to initiate talks for the purpose of obtaining the release of Americans being held against their will in the Democratic People's Republic of Korea, the People's Republic of China, the Russian Federation, and the Socialist Republic of Vietnam.

WHEREAS, At least 11 Americans are believed to be living in the Democratic People's Republic of Korea, some of them possible prisoners of war; and

WHEREAS, Representatives of the Democratic People's Republic of Korea have requested prisoner of war activist Ross Perot to come to North Korea to discuss the status of the Americans; and

WHEREAS, United States intelligence reports include information on sightings of Americans in the Democratic People's Republic of Korea and on the existence of American prisoners of war or servicemen missing in action from the United States of America's involvement in the Korean War, the Vietnam War, and Cold War related activities; and

WHEREAS, American prisoners of war or servicemen missing in action are believed to be held in the Democratic People's Republic of Korea, the People's Republic of China, the Russian Federation, and the Socialist Republic of Vietnam; now, therefore,

Be It Resolved by the House of Representatives of the Sixty-second General Assembly of the State of Colorado, the Senate concurring herein:

That the General Assembly resolves to exhort the President and the Congress of the United States to take whatever steps are necessary to initiate talks with the Democratic People's Republic of Korea, the People's Republic of China, the Russian Federation, and the Socialist Republic of Vietnam for the purpose of obtaining the release of Americans being held against their will.

Be it further resolved

, That copies of this Resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of the Colorado Congressional delegation.

________________

On motion of Representative Johnson, the House resolved itself into Committee of the Whole for consideration of General Orders, and he was called to the Chair to act as Chairman.

________________

GENERAL ORDERS--SECOND READING OF BILLS

The Committee of the Whole having risen, the Chairman reported the titles of the following bills had been read (reading at length had been dispensed with by unanimous consent), the bills considered and action taken thereon as follows:

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

HB00-1285

By Representative Kaufman; also Senator Perlmutter--Concerning enactment of the "Colorado Home Improvement Contract Requirement" under the "Colorado Consumer Protection Act".

Laid over until March 3, retaining place on Calendar.

SB00-073

by Senators Lacy, Owen, Tanner; also Representatives Tool, Berry, Saliman-Concerning the repeal of the "Federal Mandates Act".

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-051

by Senators Tebedo, Arnold, Linkhart, Pascoe, Wham; also Representatives Spradley, Alexander, Hefley, Tupa, Williams S.--Concerning child care.

Amendment No. 1

, Health, Environment, Welfare, & Institutions Report, dated February 14, 2000, and placed in member’s bill file; Report also printed in House Journal, February 15, page 526-527.

As amended, laid over until February 28, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

SB00-073

Laid over until date indicated retaining place on Calendar:

SB00-051 amended

--February 28, 2000.

HB00-1285

--March 3, 2000.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS

HB00-1141

by Representatives Dean, George, Spradley, Gordon; also

Senators Blickensderfer, Powers, Feeley--Concerning the

clarification of statues relating to the conduct of interim

activities of the general assembly.

Laid over until February 28, retaining place on Calendar.

HB00-1402

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of human services.

(Amended as printed in Senate Journal, February 22, page 380.)

Representative Tool moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared

repassed

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsors added: Representatives Coleman, Plant, Williams S

HB00-1413

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of state.

(Amended as printed in Senate Journal, February 22, page 381.)

Representative Tool moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared

repassed

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

HB00-1414

by Representatives Tool, Berry, Saliman; also Senators Lacy, Owen, Tanner--Concerning a supplemental appropriation to the department of transportation.

(Amended as printed in Senate Journal, February 22, page 382.)

Representative Tool moved that the House

concur

in Senate amendments. The motion was declared

passed

by the following roll call vote:

YES 63 NO 0 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

The question being, "Shall the bill, as amended, pass?".

A roll call vote was taken. As shown by the following recorded vote, a majority of those elected to the House voted in the affirmative, and the bill, as amended, was declared

repassed

YES 61 NO 2 EXCUSED 2 ABSENT 0

Alexander Y

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean N

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell Y

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley N

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

Co-sponsor added: Representative Mace

_______________

On motion of Representative Dean,

SB00-033, 064, 183, 017, 053, 087

shall be made Special Orders on Friday, February 25, 2000, at 9:37 a.m.

_______________

The hour of 9:37 a.m., having arrived, on motion of Representative Johnson, the House resolved itself into Committee of the Whole for consideration of Special Orders and he was called to the Chair to act as Chairman.

_______________

SPECIAL ORDERS--SECOND READING OF BILLS

(Amendments to the committee amendment are to the printed committee report which was printed and placed in the members' bill file.)

SB00-033

by Senator Dennis; also Representative Hoppe--Concerning exemptions under the federal "Safe Drinking Water Act".

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-064

by Senator Arnold; also Representatives Spence, Keller, Saliman--Concerning the extension of the designation of the student loan division as an enterprise.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-183

by Senator Feeley; also Representative McPherson--Concerning the role of higher education in the development of technology, and, in connection therewith, encouraging higher education institutions and systems to participate in the development of information technology education, innovation, and commerce.

Amendment No. 1

, Education Report, dated February 23, 2000, and placed in member’s bill file; Report also printed in House Journal, February 24, page 751-753.

Amendment No. 2

, by Representative McPherson.

Amend the Education Committee Report, dated February 23, 2000, page 1, strike lines 8 through 15 and substitute the following:

"Page 4, strike lines 16 through 26 and substitute the following:

23-73-103. Institute governance.

(1) (a)

The institute shall be governed by a board of trustees of thirteen members appointed by the governor as follows:

(I)

Five persons who are employed by state-supported or nonpublic institutions of higher education that participate in incorporating the institute, the Colorado commission on education, or the office of innovation and technology;

(II)

Six persons who represent both large and small firms in the technology industry;

(III)

The chief executive officer and the chief operating officer appointed pursuant to subsection (4) of this section.

Page 5, strike lines 1 through 7 and substitute the following:".

Amendment No. 3

, by Representative McPherson.

Amend the Education Committee report, dated February 23, 2000, page 2, strike lines 1 through 8 and substitute the following:

"(b)

The members appointed by the governor pursuant to subparagraphs (I) and (II) of paragraph

(a)

of this subsection (1) shall serve terms of four years; except that, of the first members appointed by the governor, two shall serve an initial term of one year, three shall serve an initial term of two years, and three shall serve an initial term of three years. At the time of the appointments, the governor shall designate which members serve which initial terms.

strike lines 14 through 17 of the committee report and substitute the following:

"(4) (a)

The governor shall appoint an initial chief executive officer of the institute who shall serve at the pleasure of the board of trustees. After the initial appointment, the board of trustees shall appoint subsequent chief executive officers.

(b)

The chief executive officer of the institute shall appoint a chief operating officer of the institute.".

Amendment No. 4

, by Representative McPherson.

Amend reengrossed bill, page 4, line 15, strike "C.R.S." and substitute

"C.R.S., and shall be deemed a state institution of higher education for purposes of the open records provisions of article 72 of title 24, C.R.S.".

As amended, ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-017

by Senator Blickensderfer; also Representative May--Concerning permission for motor vehicle dealers to maintain business records at off-site locations in Colorado.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-053

by Senators Musgrave, Dyer, Powers; also Representatives Mace, Gotlieb, May, Swenson, Williams S.--Concerning regulation of school buses.

Ordered revised and placed on the Calendar for Third Reading and Final Passage.

SB00-087

by Senator Epps; also Representative Gotlieb--Concerning the elimination of blood testing as an option for drivers under twenty-one years of age to determine blood alcohol levels.

Laid over until February 28, retaining place on Calendar.

_______________

ADOPTION OF COMMITTEE OF THE WHOLE REPORT

Passed Second Reading:

SB00-033, 064, 183 amended, 017, 053

Laid over until date indicated retaining place on Calendar:

SB00-087

--February 28, 2000.

The Chairman moved the adoption of the Committee of the Whole Report. As shown by the following roll call vote, a majority of those elected to the House voted in the affirmative, and the Report was

adopted

YES 61 NO 0 EXCUSED 4 ABSENT 0

Alexander E

Allen Y

Bacon Y

Berry Y

Chavez Y

Clapp Y

Clarke Y

Coleman Y

Dean Y

Decker Y

Fairbank Y

Gagliardi Y

Gordon Y

Gotlieb Y

Grossman Y

Hagedorn Y

Hefley Y

Hoppe Y

Johnson Y

Kaufman Y

Keller Y

Kester E

King Y

Larson Y

Lawrence Y

Lee Y

Leyba Y

Mace Y

May Y

McElhany Y

McKay Y

McPherson Y

Miller Y

Mitchell E

Morrison Y

Nuñez Y

Paschall Y

Pfiffner Y

Plant Y

Ragsdale Y

Saliman Y

Scott Y

Sinclair Y

Smith Y

Spence Y

Spradley Y

Stengel Y

Swenson Y

Takis Y

Tapia Y

Tate E

Taylor Y

Tochtrop Y

Tool Y

Tupa Y

Veiga Y

Vigil Y

Webster Y

Williams S. Y

Williams T. Y

Windels Y

Witwer Y

Young Y

Zimmerman Y

Mr. Speaker Y

_______________

REPORTS OF COMMITTEE OF REFERENCE

JUDICIARY

After consideration on the merits, the Committee recommends the following:

HB00-1133

be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:

Amend printed bill, page 5, line 24, strike "

opportunities

" and substitute "

opportunities

;";

strike line 25 and substitute the following:

and to establish an environment that promotes habilitation for successful reentry into society;

Page 7, line 24, strike "amended" and substitute "amended, and the said 17-1-104.3 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTION,";

strike lines 25 and 26, and substitute the following:

17-1-104.3. Correctional facilities - locations - security level.

(1) (a)

Each facility operated by or under contract with the department shall have a designated security level. Designation of security levels shall be as follows:

(I)

Level I facilities shall have designated boundaries, but need not have perimeter fencing. Inmates classified as minimum may be incarcerated in level I facilities, but generally inmates of higher classifications shall not be incarcerated in level I facilities.

(II)

Level II facilities shall have designated boundaries with a single or double perimeter fencing. The perimeter of level II facilities shall be patrolled periodically. Inmates classified as minimum restrictive and minimum may be incarcerated in level II facilities, but generally inmates of higher classifications shall not be incarcerated in level II facilities.

(III)

Level III facilities generally shall have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level III facilities shall be continuously patrolled. Appropriately designated close classified inmates, medium classified inmates and inmates of lower classification levels may be incarcerated in level III

facilities, but generally inmates of higher classifications shall not be incarcerated in level III facilities

(IV)

Level IV facilities shall generally have towers, a wall or double perimeter fencing with razor wire, and detection devices. The perimeter of level IV facilities shall be continuously patrolled. Close classified inmates and inmates of lower classification levels may be incarcerated in level IV facilities, but generally inmates of higher classifications shall not be incarcerated in level IV facilities on a long-term basis.

(V)

Level V facilities comprise the highest security level and are capable of incarcerating all classification levels. The facilities shall have double perimeter fencing with razor wire and detection devices or equivalent security architecture. These facilities generally shall use towers or stun-lethal fencing as well as controlled sally ports. The perimeter of level V facilities shall be continuously patrolled.

(b) The correctional facilities managed, supervised, and controlled by the department pursuant to section 17-1-104, the location of such facilities, and the

~~primary~~

designated

security level of such facilities shall be as follows:

Correctional facility

Location

Security level

~~Maximum/Ad. seg~~

Level V

~~Close~~

Level IV

~~Medium~~

Level IV

~~Medium~~

Level III

~~facility~~

~~Medium~~

Level III

complex

~~Medium~~

Level III

~~Medium~~

Level

~~Buena Vista minimum complex Chaffee county Minimum restrictive~~

~~Minimum restrictive~~

Level II

~~Minimum restrictive~~

Level II

~~Minimum restrictive~~

Level II

~~Minimum~~

Level I

~~Minimum~~

Level I

~~Minimum~~

Level I

~~Minimum~~

Level I

~~Minimum~~

Level I

~~and Pueblo~~

~~Mixed~~

Level IV

~~counties~~

county

~~Mixed~~

Level V

~~Minimum restrictive~~

Level II

~~Mixed~~

Level V

~~Mixed~~

Level V

~~Mixed~~

Level II

~~Mixed~~

Level V

Youthful offender system Pueblo County Level V

(3)

~~The department shall use an accounting system that:~~

Strike page 8.

Page 9, strike lines 1 through 8;

strike line 24 and substitute the following:

~~such mixed custody levels.~~

Annually with the department's budget submission to the joint budget committee, the department shall provide an itemized report of costs by facility and by sub-program. This report shall include annual costs for community corrections, parole, correctional industries, and the parole board.

(5)

Monthly the department shall submit a project status report on construction and monthly population and capacity report to the office of state planning and budgeting, the joint budget committee, the capital development committee, and legislative council. The monthly population and capacity report shall include information on state and private contract facilities including but not limited to operational capacity for the previous month, the month just ending and capacity changes, on grounds population, and operational capacity for this period in the previous year. The department shall include total beds occupied in each facility, state or private contract, by custody level and by gender. The report shall itemize operational capacities for jail backlog, community corrections, parole, youthful offenders, escapees, and revocations.";

after line 26, insert the following:

SECTION 8.

Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17-1-104.9. Custody levels for state inmates at private prisons.

Based upon available appropriations and based upon an annual review by the general assembly, the department is authorized to permanently place state inmates classified as medium custody and below in private contract prisons. This section does not prevent a private contract prison from incarcerating an inmate who has been reclassified to a higher custody designation as a result of an offense committed within the private contract prison. However, it is the intent of the general assembly that the department move any inmate of a higher custody designation out of the private contract prison as soon as space is available at a state-operated correctional facility.

Renumber succeeding sections accordingly.

Page 20, strike lines 24 through 26, and substitute the following:

"(8) The division of adult

parole

~~services~~

shall establish and administer appropriate programs of education and treatment and other productive activities, which programs and activities are designed to assist in the rehabilitation of an offender.".

Page 21, strike line 1.

Page 26, line 20, after "

employee

", insert "

or volunteer

Page 31, after line 5, insert the following:

SECTION 42.

17-22.5-404 (6) (b), (6) (c), (6) (d), (6) (e), and (7), Colorado Revised Statutes, are amended to read:

17-22.5-404. Parole guidelines.

(6) (b) In addition to the guidelines contained in subsections (2), (3), and (4) of this section, the division of criminal justice in the department of public safety shall develop objective parole criteria which shall also be used by the state board of parole in evaluating inmates for parole.

~~Such criteria shall be subject to the approval of the Colorado commission on parole guidelines established pursuant to subsection (7) of this section.~~

As used in this subsection (6), "objective parole criteria" means the criteria which statistically have been shown to be good predictors of risk to society of release on parole.

(c)

~~The Colorado commission on parole guidelines shall also develop advisory guidelines to be used by the state board of parole in making parole decisions based upon other factors defined in this section.~~

(d) The division of criminal justice shall collect data on parole decisions and report the results of such data collection quarterly to the

~~Colorado commission on parole guidelines~~

state board of parole and the division of adult parole.

The state board of parole shall provide copies of the parole guidelines forms and parole action forms to the division for such purpose.

(e) The division of criminal justice shall validate the Colorado risk assessment scale whenever the predictive accuracy, as determined by data collection, falls below an acceptable level of predictive accuracy of the scale as determined by the

~~Colorado commission on parole guidelines~~

state board of parole and the division of adult parole.

Such validation shall be carried out at least every five years.

(7) (a)

There is hereby established in the department of public safety the Colorado commission on parole guidelines. The commission shall consist of the attorney general who shall serve as chairperson, the executive director of the department of public safety, the executive director of the department of corrections, the chairperson of the state board of parole, the chairperson of a community corrections board, a parole officer, a law enforcement officer, and a private citizen. The latter four members shall be appointed by the governor and confirmed by the senate. The director of the division of criminal justice of the department of public safety shall serve as an ex officio member of the commission.

The department of corrections, the state board of parole, the division of adult parole, and the department of criminal justice shall cooperate in implementing all aspects of this section.

(b)

The commission established pursuant to this subsection (7) shall have the power to approve objective parole criteria, as defined in subsection (6) of this section, which are developed by the division of criminal justice.

Renumber succeeding sections accordingly.

Page 31, line 9, strike "director" and substitute "director,

in coordination with the executive director of the department of human services

,";

strike lines 12 through 19, and substitute the following:

ill or retarded, to order said person transferred to the Colorado mental health institute at Pueblo, where said person shall remain for observation and examination for a period not to exceed thirty days, and it is the duty of the superintendent of said institute to make a written report to the executive director concerning the mental condition of said person immediately upon the expiration of the period of observation and examination

to transfer an inmate who is mentally ill or developmentally disabled and cannot be safely confined in a correctional facility to an appropriate facility operated by the department of human services for observation and stabilization. The costs associated with care provided in the facility operated by the department of human services shall continue to be charged to the department of human services.".

Page 32, line 13, strike "No" and substitute "

Except when a person is serving a sentence to the department concurrently with a commitment to the department of human services,

no";

strike lines 20 through 26, and substitute the following:

"(4)

Any mentally ill or retarded person who has been previously transferred from an institution for the care and treatment of the mentally ill or retarded to a correctional facility shall be transferred by the executive director to the Colorado mental health institute at Pueblo or Fort Logan unless he is found, pursuant to section 17-23-103, to be so dangerous that he cannot be safely confined in said institute.

Page 33, strike line 1.

HB00-1422

be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Amend printed bill, page 2, line 3, after "for", insert "

juveniles supervised pursuant to section 19-2-303, C.R.S., and for

line 6, strike "2003." and substitute "2005.";

line 21, strike "2003." and substitute "2005.";

after line 21, insert the following:

SECTION 3. Appropriation - adjustments in 2000 long bill.

(1) For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 2000, shall be adjusted as follows:

(a) Any appropriations made from the animal protection fund to the department of agriculture shall be transferred to the department of public safety, division of criminal justice; and

(b) Any appropriations made from the animal cruelty prevention fund to the judicial department shall be transferred to the department of public safety, division of criminal justice.".

Renumber succeeding section accordingly.

SB00-002

be referred to the Committee of the Whole with favorable recommendation.

SB00-043

be referred to the Committee of the Whole with favorable recommendation.

_______________

MESSAGE FROM THE SENATE

Mr. Speaker:

The Senate has adopted and returns herewith: HJR00-1002.

_______________

LAY OVER OF CALENDAR ITEMS

On motion of Representative Dean, Consideration of

HJR00-1008, SJR00-004

was laid over until February 28, retaining place on Calendar.

_______________

On motion of Representative Dean, the House adjourned until 10:00 a.m., February 28, 2000.

Approved:

RUSSELL GEORGE,

Speaker

Attest:

JUDITH RODRIGUE,

Chief Clerk

LC: