Date: 03/09/2009

Final
BILL SUMMARY for HB09-1263

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1263 to the Committee of the WPASS



02:12 PM -- House Bill 09-1263

Senator Carroll, bill sponsor, explained that House Bill 09-1263 concerns earned time provisions and the way that time is computed in county jails. She noted that the bill also concerns pre-sentence confinement at prisons.

02:14 PM --
Richard Hughes, representing himself, spoke in opposition to the bill. He stated that his concern is that there are inmates who do not have rights under the bill. He explained that these inmates are those who are taking medications and they are not allowed to participate in the trusty prisoner program. He stated that he understands that the program is a privilege, but these inmates do not even have the opportunity to participate in the program. He would like to see an amendment to the bill that allows additional good time to be allowed for inmates who cannot participate in the program.


02:19 PM

Senator Carroll clarified that Mr. Hughes is discussing the trusty prisoner program and that this bill only changes the time computation from one month to 30 days and does not address the substance of the program.

02:21 PM --
Peter Weir, representing the Department of Public Safety, spoke in support of the bill. Mr. Weir indicated that this bill is a product of the Colorado Commission on Criminal and Juvenile Justice. Mr. Weir explained that the bill gives greater flexibility for inmate management. He noted that the bill also gives the sheriff the discretion to add earned time based on criteria established by the sheriff. The final section of the bill, according to Mr. Weir, concerns the time computation for individuals who are facing parole revocation. Senator King asked about the circumstances concerning parole revocation. Mr. Weir indicated that there are two types of parole revocation: for substantive offenses or for technical violations. Senator Morse asked Mr. Weir about the concerns raised by Mr. Hughes.

02:31 PM --
Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He stated that the bill allows the sheriff to give additional earned time to inmates who complete specific programs.

02:34 PM --
Don Quick, representing himself, spoke in support of the bill. He noted that some district attorneys are not in support of this bill, but he is in support of the bill because he believes that sheriffs should have discretion in awarding time.

02:35 PM --
Doug Darr, representing the Colorado Sheriffs Association, spoke in support of the bill. Senator Morse asked Mr. Darr about the concerns raised by Mr. Hughes. Sheriff Darr explained that in his facility they do have inmates with mental illness in the trusty prisoner program.
BILL:HB09-1263
TIME: 02:39:27 PM
MOVED:Carroll M.
MOTION:Refer House Bill 09-1263 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Yes
Morse
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS