First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0817.01 Michael Dohr SENATE BILL 11-257 SENATE SPONSORSHIP Carroll and Jahn, Hodge, Steadman HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the imposition of effective parole supervision. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, an offender who is sentenced to the department of corrections (department) is eligible for discretionary parole that would occur prior to the offender's mandatory discharge date from the department. In addition, the offender has a period of mandatory parole that is imposed by the court and is served after the completion of the sentence. The bill would eliminate the second parole period, the statutory mandatory parole sentence, for offenses committed on or after July 1, 2011, and leave the remaining discretionary parole period. As a result, the parole board (board) would impose any period of parole during the offender's sentence to the department. The offender would apply for parole, and the board would determine whether to grant parole under the existing statutory scheme; except that, if the offender's parole hearing is within 15 months of his or her mandatory release date, then a majority vote of the board would be required to deny parole. An offender could not waive a parole hearing except for good cause shown. If an offender refuses to attend a parole hearing without good cause, the offender would serve the court-imposed sentence plus a period of mandatory supervised release up to 24 months after the offender has been discharged. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 17-2-201 (5) (a.3) (I) and (5) (a.6), Colorado Revised Statutes, are amended to read: 17-2-201. State board of parole. (5) (a.3) (I) Any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1.5) or (2), C.R.S., for an offense committed on or after July 1, 2003, and before July 1, 2011, shall be subject to the mandatory parole set forth in section 18-1.3-401 (1) (a) (V) (A), C.R.S., for the class of felony of which the person is convicted. (a.6) As to any person who is sentenced for conviction of an offense committed on or after July 1, 2002, and before July 1, 2011, involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or for conviction of an offense committed on or after July 1, 2002, and before July 1, 2011, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of article 1.3 of title 18, C.R.S., such person shall be subject to the mandatory period of parole set forth in section 18-1.3-401 (1) (a) (V) (A), C.R.S. SECTION 2. 17-2-204 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 17-2-204. Parole may issue - when. (2) (d) The provisions of this subsection (2) shall apply to persons sentenced for conviction of an offense committed before July 1, 2011. SECTION 3. 17-22.5-403 (7) (a), Colorado Revised Statutes, is amended, and the said 17-22.5-403 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 17-22.5-403. Parole eligibility. (7) (a) For any offender who is incarcerated for an offense committed on or after July 1, 1993, and before July 1, 2011, upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole. The state board of parole, if it determines that placing an offender on parole is appropriate, shall set the length of the period of parole at the mandatory period of parole established in section 18-1.3-401 (1) (a) (V), C.R.S., except as otherwise provided for specified offenses in section 17-2-201 (5) (a), (5) (a.5), and (5) (a.7). If an application for parole is refused by the state board of parole, the state board of parole shall reconsider within one year thereafter whether such inmate should be granted parole. The state board of parole shall continue such reconsideration each year thereafter until such inmate is granted parole or until such inmate is discharged pursuant to law; except that, if the inmate applying for parole was convicted of any sex offense, as defined in section 18-1.3-1003 (5), C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such inmate once every three years, until the board grants such inmate parole or until such inmate is discharged pursuant to law, or if the person applying for parole was convicted of a class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law. (10) (a) For any offender who is incarcerated for an offense committed on or after July 1, 2011, except for those incarcerated for a sex offense pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S., upon application for parole, the state board of parole, working in conjunction with the department and using the guidelines established pursuant to section 17-22.5-404, shall determine whether or not to grant parole and, if granted, the length of the period of parole. The state board of parole may set the length of the period of parole for any time period up to the date of final discharge as determined by section 17-22.5-402. (b) (I) An inmate may not waive his or her parole release hearing unless good cause is shown. For purposes of this paragraph (b), "good cause" includes, but need not be limited to: (A) The inmate needs to complete prison-based treatment, education, or vocational programming; (B) The inmate needs to complete a residential community corrections program or a period of intensive supervision; or (C) Other circumstances in which the inmate and his or her case manager agree that the inmate's application for parole should be scheduled for a later date. (II) If an inmate and his or her case manager agree that good cause exists, the case manager shall notify the state board of parole at least thirty days prior to the hearing date and request a waiver of the scheduled parole release hearing. If part 3 of article 4.1 of title 24, C.R.S., applies and the state board of parole approves a request for a waiver, the case manager shall notify the unit in the department in charge of victim services and provide notification of the new parole application hearing date to the victim. (III) (A) An offender may not waive a parole application hearing for the purpose of discharging his or her department of corrections sentence to avoid supervision upon release. If an offender refuses to attend or otherwise participate in a parole application hearing without showing good cause, the state board of parole shall not consider the offender for parole until he or she is eligible to reapply for parole. If an offender discharges his or her department of corrections sentence as a result of refusing to attend or otherwise participate in a hearing for parole, the state board of parole shall impose on the offender a period of supervised release of up to twenty-four months. The provisions of this subsection (10) shall apply to any offender who is convicted of a class 2, 3, 4, 5, or 6 felony offense committed on or after July 1, 2011. (B) An offender who is required to complete a period of supervised release pursuant to this subparagraph (III) shall be supervised by the division of adult parole and all statutory authorities and duties apply to the offender as if he or she were on parole. Prior to fully discharging his or her sentence, upon revocation of supervised release, the offender may be subject to any sanction available pursuant to section 17-2-103. If the offender completes the mandatory period of supervised release in prison, he or she shall be deemed to have discharged the sentence and shall be released without further supervision. (c) (I) If an inmate's application for parole is refused by the state board of parole, the state board of parole shall reconsider within one year thereafter whether the inmate may be granted parole. (II) The state board of parole shall continue such reconsideration each year thereafter until the inmate is granted parole or until the inmate is discharged pursuant to law; except that: (A) If the inmate applying for parole was convicted of any sex offense described in section 18-1.3-1003 (5), C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the state board of parole need only reconsider granting parole to the inmate once every three years; or (B) If the inmate applying for parole was convicted of a class 2 felony crime of violence, as defined in section 18-1.3-406, C.R.S., the state board of parole need only reconsider granting parole to the inmate once every five years, until the board grants the inmate parole or until the inmate is discharged pursuant to law. (III) Notwithstanding the provisions of this paragraph (c) to the contrary, if the inmate's parole hearing is within fifteen months of the inmate's date of final discharge as determined by section 17-22.5-402, a majority vote of the state board of parole is necessary to deny the inmate parole. (d) For an offender who is placed on parole or supervised release pursuant to this subsection (10) and who is alleged to have violated a condition of parole or supervised release, the provisions of sections 17-2-103, 17-2-103.5, and 17-2-201 shall apply. (11) For an offender who is granted parole pursuant to subsection (5) of this section, the division of adult parole shall provide parole supervision and assistance in securing employment, housing, and such other services as may affect the successful reintegration of the offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (11) shall be established pursuant to section 17-22.5-404 by the state board of parole prior to the offender's release from incarceration. SECTION 4. 18-1.3-401 (1) (a) (V) (A), (1) (a) (V) (C.7), and (1) (a) (VI), Colorado Revised Statutes, are amended, and the said 18-1.3-401 (1) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read: 18-1.3-401. Felonies classified - presumptive penalties. (1) (a) (V) (A) As to any person sentenced for a felony committed on or after July 1, 1993, and before July 1, 2011, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class Minimum Maximum Mandatory Period Sentence Sentence of Parole 1 Life imprisonment Death None 2 Eight years Twenty-four years Five years imprisonment imprisonment 3 Four years Twelve years Five years imprisonment imprisonment 4 Two years Six years Three years imprisonment imprisonment 5 One year Three years Two years imprisonment imprisonment 6 One year Eighteen months One year imprisonment imprisonment (C.7) Any person sentenced for a felony committed on or after July 1, 2002, and before July 1, 2011, involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., or for a felony, committed on or after July 1, 2002, and before July 1, 2011, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of this article, shall be subject to the mandatory period of parole specified in sub-subparagraph (A) of this subparagraph (V). (VI) Any person sentenced for a class 2, 3, 4, or 5 felony, or a class 6 felony that is the offender's second or subsequent felony offense, committed on or after July 1, 1998, and before July 1, 2011, regardless of the length of the person's sentence to incarceration and the mandatory period of parole, shall not be deemed to have fully discharged his or her sentence until said person has either completed or been discharged by the state board of parole from the mandatory period of parole imposed pursuant to subparagraph (V) of this paragraph (a). (VII) As to any person sentenced for a felony committed on or after July 1, 2011, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class Minimum Sentence Maximum Sentence 1 Life imprisonment Death 2 Eight years imprisonment Twenty-four years imprisonment 3 Four years imprisonment Sixteen years imprisonment 4 Two years imprisonment Six years imprisonment 5 One year imprisonment Three years imprisonment 6 One year imprisonment Eighteen months imprisonment SECTION 5. 18-1.3-402 (1), Colorado Revised Statutes, is amended to read: 18-1.3-402. Felony offenses not classified. (1) Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, and before July 1, 2011, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years. SECTION 6. 18-1.3-403 (1), Colorado Revised Statutes, is amended to read: 18-1.3-403. Penalty for felony not fixed by statute - punishment. (1) In all cases where an offense is denominated by statute as being a felony and no penalty is fixed in the statute therefor, the punishment shall be imprisonment for not more than five years in a correctional facility, as defined in section 17-1-102, C.R.S., or a fine of not more than fifteen thousand dollars, or both such imprisonment and fine. For offenses committed on or after July 1, 1985, a fine of not more than one hundred thousand dollars may be levied. For offenses committed on or after July 1, 1993, and before July 1, 2011, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years. SECTION 7. Effective date - applicability. This act shall take effect July 1, 2011, and shall apply to those offenses committed on or after said date. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.