NOTE: The governor signed this measure on 5/1/2015.
      
      
      SENATE BILL 15-182
      
      
      BY SENATOR(S) Garcia and Crowder, Aguilar, Cooke, Grantham,
      Guzman, Heath, Jahn, Johnston, Jones, Lambert, Martinez Humenik,
      Merrifield, Newell, Roberts, Todd;
      also REPRESENTATIVE(S) Navarro and Esgar, Becker K., Duran,
      Garnett, Ginal, McCann, Melton, Moreno, Pettersen, Primavera, Rosenthal,
      Roupe, Ryden, Vigil, Wilson, Young.
      
      
      Concerning allowing the department of corrections to transfer
           certain offenders to the youthful offender system to
           participate in age-appropriate programs.
       
      
      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) 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 offender age twenty-four
      years or younger and 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.
      
           (IV) (A)  The department of corrections shall develop
      policies and procedures for decision-making regarding the
      transfer of any offender not sentenced to the youthful offender
      system into the youthful offender system in order to ensure that
      the goals of the youthful offender system, as described in this
      section; the operations of the rehabilitative program within the
      youthful offender system; and the delivery of services to those
      offenders directly sentenced to the youthful offender system are
      not compromised in any way by the comingled population.
      
           (B)  The department of corrections shall include in its
      annual report to the judiciary committees of the house of
      representatives and senate, or to any successor committees,
      pursuant to section 2-7-203, C.R.S., and in any annual youthful
      offender system report produced by the department, information
      regarding the policies and procedures developed by the
      department pursuant to sub-subparagraph (A) of this
      subparagraph (IV), the characteristics of the population of
      youthful offenders transferred pursuant to this paragraph (c),
      and the impact, if any, of transferred inmates on any youthful
      offender system programming or department of corrections
      programming.
      
           (C)  Notwithstanding any provisions of this section to the
      contrary, the department of corrections shall not initiate any
      transfers of inmates to the youthful offender system until the
      department has developed the policies and procedures described
      in sub-subparagraph (A) of this subparagraph (IV).
      
           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.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO