NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 10-159
      
      
      BY SENATOR(S) Foster, Boyd, Newell;
      also REPRESENTATIVE(S) Miklosi, Apuan, Court, Kagan, Labuda, Pace,
      Todd, Vigil, Carroll T.
      
      
      Concerning defendant's statements at a community corrections
           hearing.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 27 of title 17, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           17-27-103.5.  Statements relating to a transitional referral to
      community corrections.  (1)  Pursuant to the provisions of section
      24-4.1-302.5 (1) (j.5), C.R.S., a victim shall have the right to provide
      a written victim impact statement and a separate oral statement
      to a community corrections board considering an offender's
      transitional referral to community corrections.
      
           (2) (a) (I)  A community corrections board shall allow,
      within the parameters set by the board, an offender who is under
      consideration for transitional placement in a community
      corrections program under the board's jurisdiction to provide a
      written statement to the community corrections board
      concerning the offender's transition plan and community support
      and the appropriateness of placing the offender in a community
      corrections program.
      
           (II)  If an offender elects to submit a written statement to
      a community corrections board pursuant to subparagraph (I) of
      this paragraph (a), and the offender provides a written statement
      to the department pursuant to the procedures and time frame
      established by the department, the department shall include the
      statement with any referral to a community corrections board
      considering the offender's transitional referral to a community
      corrections program.
      
           (b)  A community corrections board may allow, within the
      parameters set by the board, an offender to designate a person
      other than the offender to submit a written statement or give an
      oral statement on the offender's behalf to a community
      corrections board considering the offender's transitional
      referral to a community corrections program.
      
           (3)  A community corrections board shall develop written
      policies and procedures consistent with the provisions of this
      section and section 24-4.1-302.5 (1) (j.5), C.R.S., that are available
      to the public concerning the parameters for written and oral
      statements by victims and the permissibility of and the parameters
      for a written or oral statement by a person designated by an
      offender.
      
           (4)  Nothing in this section shall be construed to require the
      department or a community corrections board to provide
      transportation or make arrangements for the appearance at a
      community corrections hearing of an offender or, if permitted by
      a community corrections board, the person designated by the
      offender pursuant to paragraph (b) of subsection (2) of this
      section to give an oral statement or to submit a written
      statement on the offender's behalf.
      
           (5)  The department shall not be required to provide notice
      to any person, other than a registered victim, of a community
      corrections board hearing relating to the offender.
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      11, 2010, if adjournment sine die is on May 12, 2010); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part shall not take effect unless
      approved by the people at the general election to be held in November 2010
      and shall take effect on the date of the official declaration of the vote
      thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO