SENATE 3rd Reading Unamended May 2, 2012 SENATE Amended 2nd Reading May 1, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO CHANGE IN SPONSORSHIP REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0784.01 Michael Dohr x4347 SENATE BILL 12-163 SENATE SPONSORSHIP Mitchell and Steadman, Aguilar, Grantham, Guzman, Jahn, Neville, Spence HOUSE SPONSORSHIP Beezley and Levy, Barker, DelGrosso, Ferrandino, Massey, McCann, Nikkel, Singer, Vigil Senate Committees House Committees Judiciary Finance Appropriations A BILL FOR AN ACT Concerning changes to improve outcomes for persons convicted of possession of certain controlled substances crimes. 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.) The bill reduces the penalty for possession of 4 grams or less of certain drugs from a class 6 felony to a class 1 misdemeanor and reduces the penalty for possession of more than 4 grams of those certain drugs from a class 4 felony to a class 6 felony. The bill appropriates the savings from the reduction in the criminal penalties to substance abuse treatment programs. The department of human services will develop a trauma-informed substance abuse treatment and best practices training program. The bill requires a post-enactment review after two years that addresses the impact of the bill on jails and the amount of funding for jail-based treatment. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The General Assembly hereby finds and declares that: (a) In 2007, it created the Colorado commission on criminal and juvenile justice, referred to in this section as the "commission", in House Bill 07-1358. (b) The commission was tasked with enhancing public safety, ensuring justice, and ensuring protection of the right of victims through the cost-effective use of public resources by studying evidence-based recidivism reduction initiatives that ensure the cost-effective expenditure of limited criminal justice funds; (c) The commission has determined that it is sound public policy that the criminal justice system treat drug offenders who are primarily users and addicts differently than those more serious offenders who engage in distribution, manufacturing, and trafficking of controlled substances; (d) It is important and necessary that the General Assembly consider drug policy changes in the criminal justice system during the first regular session of the Sixty-ninth General Assembly. (2) Therefore, the General Assembly determines that it is necessary to direct the commission to prioritize the development of a comprehensive drug sentencing scheme that better differentiates drug offenders who are primarily users and addicts from those involved in distribution and trafficking of controlled substances and that focuses efforts on funding interventions, supervision, and treatment in the community for addicts and abusers rather than the use of the current system of escalating punishment that can result in the ineffective use of the state's prison resources. SECTION 2. In Colorado Revised Statutes, 16-11.3-103, add (2.7) as follows: 16-11.3-103. Duties of the commission - mission - staffing - repeal. (2.7) (a) Using empirical analysis and evidence-based data and research, the commission shall consider the development of a comprehensive drug sentencing scheme for all drug crimes described in article 18 of title 18, C.R.S. The sentencing scheme shall consider: (I) Development of a sentencing structure that better differentiates drug offenders who are primarily users and addicts from those more serious offenders who are involved in drug distribution, manufacturing, or trafficking; (II) Development of resources through changes in the criminal code that will enhance intervention, supervision, and treatment in the community and enhance public safety by addressing drug abuse and addiction and by decreasing crime through drug abuse recovery; (III) Methods by which offenders can gain access to assessment-based treatment services that are based on treatment need regardless of the level or classification of the crime; (IV) Creation of equivalent penalties for crimes that pose similar risks to public safety; (V) Enhancement of penalties when behaviors clearly present a public safety risk; (VI) Development of resources for additional pre-filling diversion programs around the state for drug offenders; (VII) Use of drug courts and how legislative changes could support more effective use of those resources; (VIII) Relevant negative impacts related to criminal convictions; and (IX) Any other issues that the commission determines to be important and relevant to the goals of the commission and the legislative intent of Senate Bill 12-163, enacted in 2012. (b) By December 15, 2012, the commission shall provide to the judiciary committees of the house of representatives and the senate, or their successor committees, a written report of the commission's recommendations for a comprehensive drug sentencing scheme. If the commission is unable to bring forth any recommendations for the general assembly to consider, the commission shall provide in the report the reasons the commission could not make any recommendations and, if possible, describe the specific areas of disagreement that prevented the commission from making any recommendations. (c) This subsection (2.7) is repealed, effective July 1, 2013. SECTION 3. 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.