HOUSE 3rd Reading Unamended February 25, 2014 HOUSE Amended 2nd Reading February 20, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 14-0022.01 Richard Sweetman x4333HOUSE BILL 14-1114 HOUSE SPONSORSHIP Waller and McNulty, SENATE SPONSORSHIP Herpin, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning the administration of earned time by the state department of corrections. 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, certain earned time that is awarded to an inmate or a parolee by the state department of corrections vests and may not be later revoked or withdrawn. On and after the effective date of the bill, any such earned time that is awarded does not vest and may be withdrawn. On and after the effective date of the bill, if an administrative hearing within the department determines that an inmate or parolee engaged in a crime of violence during the time period for which any earned time was granted to the inmate or parolee, the department shall withdraw such earned time from the inmate or parolee. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 17-22.5-302, amend (3) as follows: 17-22.5-302. Earned time. (3) For each inmate sentenced for a crime committed on or after July 1, 1979, but before July 1, 1985, the department shall review the performance record of the inmate and shall grant, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted at least annually; except that, in the case of an inmate who has one year or less of his or her sentence remaining to be served, the review shall be conducted at least semiannually. The An earned time deduction authorized by this section subsection (3) before the effective date of this subsection (3), as amended, shall vest upon being granted and may not be withdrawn once after it is granted. An earned time deduction authorized by this subsection (3) on or after the effective date of this subsection (3), as amended, shall vest upon completion of any annual or semiannual review, except that: (a) If an administrative hearing within the department determines that the inmate committed a class III code of penal discipline violation other than a violation that included a crime of violence, as defined in section 18-1.3-406, C.R.S., the department may withdraw some or all of the earned time deductions awarded to the inmate during the twelve months preceding the violation; (b) If an administrative hearing within the department determines that the inmate committed a class I or class II code of penal discipline violation other than a violation that included a crime of violence, as defined in section 18-1.3-406, C.R.S., the department may withdraw some or all of the earned time deductions awarded to the inmate during the twenty-four months preceding the violation; and (c) If an administrative hearing within the department determines that the inmate committed a crime of violence, as defined in section 18-1.3-406, C.R.S., the department shall withdraw all of the earned time deductions awarded to the inmate during his or her incarceration. SECTION 2. In Colorado Revised Statutes, 17-22.5-405, amend (3) as follows: 17-22.5-405. Earned time - earned release time - achievement earned time. (3) (a) For each inmate sentenced to the custody of the department, or for each parolee, the department shall review the performance record of the inmate or parolee and may grant, withhold, withdraw, or restore, consistent with the provisions of this section, an earned time deduction from the sentence imposed. Such review shall be conducted annually while such person is incarcerated and semiannually while such person is on parole. and shall vest upon being granted. However, Any earned time granted to a an inmate or parolee pursuant to this section shall vest upon completion of any annual or semiannual review, unless except that: (I) If an administrative hearing within the department determines that such the inmate or parolee engaged in criminal activity during the time period for which such earned time was granted, in which case committed a class III code of penal discipline violation other than a violation that included a crime of violence, as defined in section 18-1.3-406, C.R.S., the department may withdraw some or all of the earned time granted during such period may be withdrawn. deductions awarded to the inmate or parolee during the twelve months preceding the violation; (II) If an administrative hearing within the department determines that the inmate or parolee committed a class I or II code of penal discipline violation other than a violation that included a crime of violence, as defined in section 18-1.3-406, C.R.S., the department may withdraw some or all of the earned time deductions awarded to the inmate or parolee during the twenty-four months preceding the violation; and (III) If an administrative hearing within the department determines that the inmate or parolee committed a crime of violence, as defined in section 18-1.3-406, C.R.S., the department shall withdraw all of the earned time deductions awarded to the inmate or parolee during his or her incarceration or parole. (b) In addition to any other sanctions, the executive director may refer to the district attorney all cases where the offender tests positive for the presence of drugs. SECTION 3. Act subject to petition - effective date. This act takes 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 6, 2014, if adjournment sine die is on May 7, 2014); 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 will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.