First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0450.01 Richard Sweetman x4333SENATE BILL 15-037 SENATE SPONSORSHIP Garcia, HOUSE SPONSORSHIP Navarro, Esgar Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning youthful offenders sentenced to the 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.) The executive director of the state department of corrections (DOC) or his or her designee may transfer any youthful offender sentenced to the DOC into and out of the youthful offender system at his or her discretion. Under current law, the division of criminal justice (DCJ) is required to independently monitor and evaluate, or contract with a public or private entity to independently monitor and evaluate, the youthful offender system and report its findings, or the findings of the contract entity, to the judiciary committees of the senate and the house of representatives on or before November 1 every 2 years. The bill amends this reporting requirement to apply every 5 years. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-1.3-407, amend (1) (c) and (10) (b) as follows: 18-1.3-407. Sentences - youthful offenders - legislative declaration - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - definitions. (1) (c) (I) It is the intent of the general assembly that offenders sentenced to the youthful offender system be housed and serve their sentences in a facility specifically designed and programmed for the youthful offender system and that offenders so sentenced be housed separate from and not brought into daily physical contact with inmates older than twenty-four years sentenced to the department of corrections who have not been sentenced to the youthful offender system, except as specifically provided under subsection (5) of this section. (II) For the purposes of public safety, academic achievement, rehabilitation, the development of pro-social behavior, or reentry planning for youthful offenders, the executive director or his or her designee may transfer any youthful offender sentenced to the department of corrections into and out of the youthful offender system at his or her discretion. (III) The facility that houses offenders sentenced to the youthful offender system shall be limited to two hundred fifty-six beds. (10) (b) The division of criminal justice shall independently monitor and evaluate, or contract with a public or private entity to independently monitor and evaluate, the youthful offender system. On or before November 1, 2002 November 1, 2014, and on or before November 1 every two five years thereafter, the division of criminal justice shall report its findings, or the findings of the contract entity, to the judiciary committees of the senate and the house of representatives. The department of corrections shall cooperate in providing the necessary data to the division of criminal justice or an entity designated by the division of criminal justice to complete the evaluation required in this section. SECTION 2. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.