First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0448.01 Richard Sweetman x4333HOUSE BILL 15-1292 HOUSE SPONSORSHIP Kagan, Lee SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning sentencing of a person who is convicted as an adult for a class 1 felony committed while the person was a juvenile. 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.) For any person who is convicted as an adult for a class 1 felony committed while the person was a juvenile, the bill requires the court to sentence the person to either: Twenty-four to 48 years of incarceration and a mandatory 10-year period of parole; or Life imprisonment with the possibility of parole after serving 20 years. For any person who was convicted as an adult for a class 1 felony committed while the person was a juvenile on or after July 1, 1990, and before July 1, 2006, and who received a mandatory sentence to life imprisonment without the possibility of parole, the bill requires the court to resentence the person according to the same new sentencing guidelines. In determining the appropriate sentence in each case, the court shall consider certain factors specified in the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-1.3-401, amend (4) (b); and add (4) (c) as follows: 18-1.3-401. Felonies classified - presumptive penalties. (4) (b) (I) Notwithstanding the provisions of sub-subparagraph (A) of subparagraph (V) of paragraph (a) of subsection (1) of this section and notwithstanding the provisions of paragraph (a) of this subsection (4), as to a person who is convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., for an offense committed on or after July 1, 2006, and before July 1, 2015, the district court judge shall sentence the person to a term of life imprisonment with the possibility of parole after serving a period of forty calendar years. Regardless of whether the state board of parole releases the person on parole, the person shall remain in the legal custody of the department of corrections for the remainder of the person's life and shall not be discharged. (II) The provisions of this paragraph (b) shall apply to persons sentenced for offenses committed on or after July 1, 2006. (c) (I) Notwithstanding the provisions of sub-subparagraph (A) of subparagraph (V) of paragraph (a) of subsection (1) of this section, and notwithstanding the provisions of paragraphs (a) and (b) of this subsection (4), as to a person who is convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., for an offense committed on or after July 1, 2015, the district court shall sentence the person to either a determinate sentence within the range of twenty-four to forty-eight years in prison or to a term of life imprisonment with the possibility of parole after serving twenty calendar years. (II) If the person is sentenced within the determinate range of twenty-four to forty-eight years in prison, the court shall impose a mandatory sentence of ten years parole. (III) If the person is sentenced to life imprisonment with the possibility of parole after twenty years, regardless of whether the state board of parole releases the person on parole, the person shall remain in the legal custody of the department of corrections for the remainder of the person's life and shall not be discharged. (IV) In determining the appropriate sentence, the court shall conduct a sentencing hearing, make factual findings to support its decision, and consider relevant evidence presented by either party regarding the following factors: (A) The impact of the offense on the victim and the victim's family; (B) Whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (C) Whether the offender used, or possessed and threatened to use, a deadly weapon in the commission of the crime; (D) The extent of the offender's role in the crime as a major or minor participant, including whether the offender could have reasonably foreseen that the offender's conduct in the course of the commission of the offense would cause, or would create a grave risk of causing, death to another person; (E) The age and developmental maturity of the offender at the time of the offense; (F) The offender's intellectual capacity and mental health at the time of the offense, including any diagnosis or other evidence of neurological or developmental disability; (G) The offender's family and home environment, including exposure to trauma and substance abuse; (H) The offender's living pattern at the time of the offense; (I) The offender's prior criminal or delinquent history; and (J) The offender's capacity for change and potential for rehabilitation, including any evidence of the offender's efforts toward, or amenability to, rehabilitation. (V) In addition to the factors described in sub-subparagraphs (A) to (J) of subparagraph (IV) of this paragraph (c), the court may consider any other factors that the court deems relevant to its decision, so long as the court identifies any such factor on the record. SECTION 2. In Colorado Revised Statutes, 17-22.5-104, add (2) (d) (V) as follows: 17-22.5-104. Parole - regulations. (2) (d) (V) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), an inmate sentenced to life imprisonment for a class 1 felony committed on or after July 1, 1990, and before July 1, 2006, or committed on or after July 1, 2015, who was convicted as an adult following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S., may be eligible for parole after serving twenty calendar years. An application for parole shall not be made or considered during the period of twenty calendar years. SECTION 3. In Colorado Revised Statutes, 17-22.5-403, add (2) (c) as follows: 17-22.5-403. Parole eligibility. (2) (c) Any person convicted and sentenced as an adult for a class 1 felony committed while a juvenile on or after July 1, 1990, and before July 1, 2006, or committed on or after July 1, 2015, and sentenced to a determinate sentence within the range of twenty-four to forty-eight years pursuant to section 18-1.3-401 (4) (c), C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 17-22.5-405. SECTION 4. In Colorado Revised Statutes, 17-22.5-405, add (1.2) as follows: 17-22.5-405. Earned time - earned release time - achievement earned time. (1.2) Subsection (1) of this section applies to a person convicted as an adult for a class 1 felony committed while a juvenile on or after July 1, 1990, and before July 1, 2006, or committed on or after July 1, 2015, and sentenced to a determinate sentence within the range of twenty-four to forty-eight years pursuant to section 18-1.3-401 (4) (c), C.R.S. SECTION 5. In Colorado Revised Statutes, add part 10 to article 13 of title 16 as follows: PART 10 RESENTENCING HEARINGS FOR JUVENILE OFFENDERS SERVING LIFE SENTENCES 16-13-1001. Legislative declaration. (1) The general assembly finds that: (a) In the recent case of Miller v. Alabama, the United States supreme court held that imposing a mandatory life sentence without the possibility of parole on a juvenile is a cruel and unusual punishment prohibited by the eighth amendment to the United States constitution; and (b) The court further held that "children are constitutionally different than adults for purposes of sentencing". (2) The general assembly further finds that: (a) A juvenile sentenced for a conviction of a class 1 felony as a result of a direct file or transfer for an offense committed on or after July 1, 1990, and before July 1, 2006, in Colorado was sentenced to a mandatory life sentence without the possibility of parole; and (b) Approximately fifty persons in Colorado have received unconstitutional sentences as a result of being sentenced to life without the possibility of parole for offenses committed while a juvenile on or after July 1, 1990, and before July 1, 2006. (3) Now, therefore, the general assembly hereby declares that this part 10 is necessary to provide persons serving such unconstitutional sentences the opportunity for resentencing. 16-13-1002. Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer. (1) A person may petition the sentencing court for a resentencing hearing if he or she was: (a) A juvenile at the time of his or her offense; (b) Convicted as an adult of a class 1 felony following direct filing of an information or indictment in the district court pursuant to section 19-2-517, C.R.S., or transfer of proceedings to the district court pursuant to section 19-2-518, C.R.S.; and (c) Sentenced to life imprisonment without the possibility of parole for an offense committed on or after July 1, 1990, and before July 1, 2006. (2) If a petition is filed pursuant to subsection (1) of this section, the sentencing court shall conduct a resentencing hearing and resentence the offender as described in section 18-1.3-401 (4) (b), C.R.S. (3) If the person is resentenced to a determinate sentence of twenty-four to forty-eight years in prison, the provisions of sections 17-22.5-403 (2) (c) and 17-22.5-405 (1.2), C.R.S., shall take effect upon resentencing. (4) A petition filed under this section is not a motion under rule 35 (c) of the Colorado rules of criminal procedure. SECTION 6. 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.