Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT JUDICIARY

Date:02/01/2010
ATTENDANCE
Time:03:00 PM to 04:51 PM
Court
*
Gardner B.
*
Place:HCR 0107
Hudak
*
Kagan
X
This Meeting was called to order by
King K.
E
Representative Levy
King S.
X
Lundberg
E
This Report was prepared by
McCann
*
Jessika Shipley
Miklosi
X
Newell
X
Nikkel
X
Pace
*
Renfroe
*
Ryden
X
Steadman
X
Waller
X
Carroll M.
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
JBC Briefing
Department of Corrections Briefing		Committee Discussion Only
Committee Discussion Only


03:02 PM -- Joint Budget Committee Briefing

Representative Pommer, Joint Budget Committee (JBC), began the briefing by discussing the Department of Corrections (DOC). He referred to the briefing document, entitled "Summary of FY 2010-11 Joint Budget Committee Budget Briefings" (Attachment A). In response to a question from Representative Court, Representative Pommer discussed the costs associated with not opening the expanded Colorado State Penitentiary facility (CSP II). The committee discussed the rates paid to private prisons by the state and programming provided to inmates in private prisons. Discussion ensued regarding the various provisions in contracts between the state and private prisons. Representative Pommer responded to further committee questions regarding the costs associated with CSP II.

100201AttachA.pdf








03:17 PM

In response to a question from Senator Newell, Representative Pommer discussed the rates paid to community corrections facilities. Senator Hudak asked for information about cuts in recidivism reduction programs. The committee discussed various recidivism reduction measures.

03:28 PM

Representative Pommer moved on to discuss the Judicial Department and various factors driving the budget. Senator Newell asked about computer system changes in the Judicial Department. The committee had a lengthy discussion about two new court-related computer systems: a public access system and an e-filing system. Representative Levy asked questions about problem-solving courts.

03:39 PM

Representative Pommer directed the committee to the Department of Public Safety section of the briefing document. He focused on the costs associated with testing DNA evidence. He also talked about the possibility of cash funding the background checks required for the purchase of new firearms. The JBC chose not to approve the change to cash-funded background checks.

03:42 PM -- Department of Corrections Briefing

Ari Zavaras, executive director of the DOC, thanked members of both committees for taking advantage of the various tours offered by the department over the interim. Mr. Zavaras began by discussing the state of corrections in Colorado. He spent significant time talking about the budget situation and measures the DOC has taken to try and save money. The department's number one priority is public safety and that is accomplished through management of risk. Mr. Zavaras outlined three key factors in the department's mission. They are: having (1) the right offender in (2) the right bed with (3) the right resources. He discussed the current decrease in the prison population, which spreads across various demographics. He talked about possible reasons for some of these decreases.

03:49 PM

Mr. Zavaras talked about the Accelerated Transition Pilot Program, which is mistakenly referred to as an early release program. He stated that the program is a well-researched, evidence-based program. Mr. Zavaras mentioned violent incidents in various DOC facilities, which highlight the need for more high-security beds. The system is currently under stress. Rates of violent incidents in Colorado prisons have increased dramatically. He attributed the rise in violence to rapidly-increasing gang activity and provided some statistics about recent prison violence. Higher security beds provide a management tool for DOC staff. No new high-security beds have been opened within the DOC since the 1999 opening of the Sterling facility.

04:01 PM

Mr. Zavaras discussed the DOC's private partners and the impending closure of the facility in Huerfano. The facility is currently populated by Arizona inmates, but that contract will not be renewed. Mr. Zavaras discussed some sensible steps the DOC needs to take going into the future. Spending money on proven recidivism reduction techniques is important. The department will also continue to focus on getting the right offender in the right bed with the right resources. He pointed out that no final decisions have been made for the FY 2010-11 DOC budget, but his number one priority is public safety.






04:07 PM

Representative Gardner discussed the idea of raising the level of custody that may be housed in a private prison. Current law states that no one classified above medium custody can be housed in a private prison. Mr. Zavaras stated his opinion that no one above a medium custody level should be housed in a private prison. He discussed the policies that govern sending inmates to private prisons. He would support the idea of further refining the department's classification system. Senator King asked about the costs to the DOC of housing illegal aliens. Karl Spiecker, chief financial officer of the DOC, responded to Senator King's question and stated that approximately 1,500 to 2,000 offenders are currently in prison in Colorado who are in the United States illegally. Senator King also asked about the feasibility of opening CSP II. Representative Levy asked about mixing prison inmates from different states and Mr. Zavaras warned against mixing those populations.

04:19 PM

The committee discussed the relocation of employees from the Huerfano facility, which is closing in 2010. Senator Hudak asked about the possibility of shifting the prison population around and eliminating some of the contracts the department has with private prisons. Mr. Zavaras stated that such a shift is under consideration. He talked about the different costs associated with state and private prison facilities. The committee discussed the configuration of private prisons and whether those facilities could be reconfigured to house higher security inmates. Mr. Spiecker discussed the costs of opening CSP II.

04:27 PM

Representative Court asked about possible public-private partnerships that might be created to assist offenders with re-entry activities. Representative Levy expressed her concerns about using solitary confinement and the possible mental health repercussions of that practice. She also discussed the proper housing and care of mentally ill offenders. Mr. Zavaras stated that no inmates (with the exception of death row inmates) are sentenced to administrative segregation. Each offender must earn his or her way in and earn his or her way out. Representative Levy asked about the availability of alcohol and substance abuse treatment programs. Mr. Zavaras discussed wait lists for various treatment programs, including those for sex offenders. Representative Waller asked about offenders who were incarcerated under an indeterminate sentence who have been paroled. Mr. Zavaras responded that the department would gather that information and send it to the committee.

04:46 PM

Senator Carroll asked about the availability of demographic information about the prison population. She also asked about the possibility of allowing prison access to private entities in order to deliver treatment to inmates. Mr. Zavaras asked for more time to respond.

04:49 PM

Representative Levy adjourned the joint committee.