HOUSE BILL 971145
BY REPRESENTATIVES Kaufman, Chavez, Hagedorn, Kreutz, Romero, and Schwarz;
also SENATOR Mutzebaugh.
CONCERNING PROCEDURAL CHANGES FOR THE STRENGTHENING
OF THE CRIMINAL LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1611101.5 (1),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
1611101.5. Collection of
restitution. (1) Any order
of restitution to be paid by a person or entity sentenced for
a crime OR WHO PLEADS GUILTY TO A CRIME PURSUANT TO A DEFERRED
JUDGMENT AND SENTENCE shall be a final judgment in favor of the
state, the victim, the victim's immediate family, a victim compensation
board that has paid a victim compensation claim, or any entity
or person who has suffered losses because of a contractual relationship
with a victim, including, but not limited to, an insurer, or because
of liability under section 146110, C.R.S., and against
the defendant and, notwithstanding the provisions of section 1352102 (2),
C.R.S., shall remain in force until restitution is paid in full.
Such a judgment may be enforced by any of the parties in whose
favor the judgment was entered in the same manner as a judgment
in a civil action. In addition, such parties may collect reasonable
attorney fees and all other costs incurred in collecting on an
order of restitution.
SECTION 2. 2472304,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2472304. Inspection of
criminal justice records. (5) NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE DISCRETION OF
THE DISTRICT ATTORNEY TO AUTHORIZE A CRIME VICTIM, AS DEFINED
IN SECTION 244.1302 (5), OR A MEMBER OF THE VICTIM'S
IMMEDIATE FAMILY, AS DEFINED IN SECTION 244.1302 (6),
TO VIEW ALL OR A PORTION OF THE PRESENTENCE REPORT OF THE PROBATION
DEPARTMENT.
SECTION 3. 1613307 (10) (a),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended,
and the said 1613307 (10) is further amended BY THE
ADDITION OF A NEW PARAGRAPH, to read:
1613307. Jurisdiction
venue parties process. (10) (a) Continuance
of the trial of a public nuisance action shall be granted upon
stipulation of the parties or upon good cause shown. Good cause
shall include, but shall not be limited to, the fact that there
are pending criminal charges arising out of the same transaction
alleged in the complaint and that there exists a privilege against
selfincrimination under the constitution of the United States
or the constitution of the state of Colorado associated with such
charges. Any continuance granted due to pending criminal charges
shall extend until resolution of such criminal charges, but shall
not extend to the time period of an appeal of a conviction for
such criminal charges. At the time the court grants a continuance
because of pending criminal charges, the court shall set a new
date for trial of the public nuisance action. Any person who is
granted a continuance of a trial pursuant to this part 3 because
of pending criminal charges, who delays the resolution of the
pending criminal case by disobeying an order of the court to appear
at a proceeding in the criminal case for which the continuance
of the public nuisance action was granted, shall be denied any
additional continuance if the delay caused in the criminal case
was of such duration that it prevented the criminal case from
being resolved prior to the trial of the public nuisance action;
except that an additional continuance may be granted if the defendant
establishes, and the court finds, that the delay was due to unavoidable
circumstances or due to any other reason which is shown to be
good cause. A continuance granted pursuant to this subsection
(10) shall constitute good cause for modification
of the due date for disclosure certificates required by rule 16
of the Colorado rules of civil procedure, and for
postponement of all civil discovery until after the conclusion
of the criminal case.
(c) PUBLIC NUISANCE ACTIONS SHALL BE INCLUDED
IN THE CATEGORY OF "EXPEDITED PROCEEDINGS" SPECIFIED
IN RULES 16 AND 26 OF THE COLORADO RULES OF CIVIL PROCEDURE; EXCEPT
THAT EACH PARTY MAY CONDUCT LIMITED DISCOVERY AS PROVIDED FOR
IN RULE 26 (b) (2) OF THE COLORADO RULES OF CIVIL PROCEDURE.
IN ADDITION, EACH PARTY MAY MOVE THE COURT TO AUTHORIZE ADDITIONAL
DISCOVERY UPON GOOD CAUSE SHOWN.
SECTION 4. 1373101 (1),
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
1373101. Petition for impaneling
determination by chief judge. (1) The
general assembly finds that the state grand jury exists because
of the need to investigate and prosecute crime without regard
to county or judicial district boundaries in cases involving organized
crime, criminal activity in more than one judicial district, or
unusual difficulties in the investigation or adjudication of a
matter OR CASES IN WHICH THE ATTORNEY GENERAL HAS AUTHORITY TO
PROSECUTE. The state grand jury is intended, therefore, to be
a law enforcement tool with statewide jurisdiction.
SECTION 5. 164103 (2),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
164103. Fixing of bail
and conditions of bail bond. (2) A
condition of every bail bond, and the only condition for a breach
of which a surety or security on the bail bond may be subjected
to forfeiture, is that the released person appear to answer the
charge against such person at a place and upon a date certain
and at any place or upon any date to which the proceeding is transferred
or continued. Further conditions of every bail bond shall be that
the released person not commit any felony while at liberty on
such bail bond and that the court in which the action is pending
have the power to revoke the release of the defendant, to increase
the bail bond, or to change any bail bond condition if it is shown
that a competent court has found probable cause to believe that
the defendant has committed a class
1, 2, 3, or 4 felony while released
pending adjudication of a prior felony charge. A further condition
of every bail bond in cases of domestic violence as defined in
section 186800.3 (1), C.R.S., shall be that the
released person acknowledge the restraining order as provided
in section 1811001 (5), C.R.S. In addition, the
judge may impose such additional conditions upon the conduct of
the defendant as will, in the judge's opinion, render it more
likely that the defendant will fulfill the other bail bond conditions.
These additional conditions may include submission of the defendant
to the supervision of some qualified person or organization. Any
defendant whose bail bond is revoked or increased under an order
entered pursuant to this section and who remains in custody must
be tried on the charges on which the bail bond has been increased
or revoked within ninety days after such order or within six months
after the defendant's arraignment on such charges, whichever date
is earlier.
SECTION 6. 183412.5 (6.7) (c),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended,
and the said 183412.5 (6.7) is further amended
BY THE ADDITION OF A NEW PARAGRAPH, to read:
183412.5. Sex offenders
duty to register penalties.
(6.7) On and after September 1, 1996, prior to employing
any person, a nursing care facility or the person seeking employment
at a nursing care facility shall make an inquiry to the director
of the Colorado bureau of investigation to ascertain whether such
person has a criminal history record. The Colorado bureau of investigation
is authorized to utilize fingerprints to ascertain from the federal
bureau of investigation whether such person has a criminal history
record. The nursing care facility or the person seeking employment
in a nursing care facility shall pay the costs of such inquiry.
As used in this subsection (6.7), "nursing care facility"
includes, but is not limited to:
(c) An adult day care facility as defined
in section 264603 (1), C.R.S.; and
(e) ANY BUSINESS THAT PROVIDES TEMPORARY
NURSING CARE SERVICES OR THAT PROVIDES PERSONNEL WHO PROVIDE SUCH
SERVICES.
SECTION 7. 183412.5 (2),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
183412.5. Sex offenders
duty to register penalties.
(2) On and after July 1, 1994, probation and parole
officers, appropriate county jail personnel, and appropriate personnel
with the department of corrections shall require any offender
described in subsection (1) of this section who is under their
jurisdiction to sign a notice that informs the offender of the
duty to register with local law enforcement agencies in accordance
with this section. A JUDGE OR MAGISTRATE SHALL REQUIRE ANY OFFENDER
DESCRIBED IN SUBSECTION (1) OF THIS SECTION WHO IS UNDER THE JUDGE'S
OR MAGISTRATE'S JURISDICTION AND WHO IS NOT SENTENCED TO THE DEPARTMENT
OF CORRECTIONS, TO PROBATION, OR TO A COUNTY JAIL TO SIGN A NOTICE
THAT INFORMS THE OFFENDER OF THE DUTY TO REGISTER WITH LOCAL LAW
ENFORCEMENT AGENCIES IN ACCORDANCE WITH THIS SECTION. The same
persons, after obtaining a signed notice from an offender, shall
notify local law enforcement agencies where the offender plans
to reside of the offender's address within fortyeight hours
after an offender has been placed on parole or probation OR OTHERWISE
RELEASED INTO THE COMMUNITY when such an address is provided in
the signed notice. Department of corrections personnel shall provide
such notice no later than two days before the offender is to be
released from the department of corrections.
SECTION 8. 1611.7102 (2),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
1611.7102. Definitions.
As used in this article, unless the context otherwise requires:
(2) "Sex offender" means any
person who is convicted in the state of Colorado, on or after
January 1, 1994, of any sex offense as defined in subsection (3)
of this section, or of any criminal offense, if such person has
previously been convicted of a sex offense as described in subsection
(3) of this section in the state of Colorado, or if such person
has previously been convicted in any other jurisdiction of any
offense which would constitute a sex offense as defined in subsection
(3) of this section, or if such person has a history of any sex
offenses as defined in subsection (3) of this section. FOR PURPOSES
OF THIS SUBSECTION (2), ANY PERSON WHO RECEIVES A DEFERRED JUDGMENT
OR DEFERRED SENTENCE FOR THE OFFENSES SPECIFIED IN THIS SUBSECTION
(2) IS DEEMED CONVICTED.
SECTION 9. 168115.5,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
168115.5. Enforcement and
revocation of conditional release from commitment.
(1) The terms and conditions imposed upon a defendant's
release pursuant to section 168115 (3) may be
enforced as are any other orders of court.
(2) (Deleted by amendment, L. 94, p. 1423,
'2,
effective July 1, 1994.)
(3) Whenever the superintendent of the
Colorado mental health institute at Pueblo or
the director of a community mental health center in charge of
treatment of a defendant granted conditional release
has probable cause to believe that such defendant has become ineligible
to remain on conditional release as defined in section 168102 (4.5),
said superintendent or director of
a community mental health center
SHALL NOTIFY THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT WHERE
THE DEFENDANT WAS COMMITTED. THE SUPERINTENDENT OR THE DISTRICT
ATTORNEY shall apply for a warrant to be directed to the sheriff
or a peace officer in the jurisdiction in which the defendant
resides or may be found commanding such sheriff or peace officer
to take custody of the defendant. The application shall include
the order conditionally releasing the defendant pursuant to section
168115 (3) and supporting documentation showing
that defendant has become ineligible to remain on conditional
release as defined in section 168102 (4.5). The
COMMITTING COURT AND THE district court for the tenth judicial
district is
ARE authorized to issue such a warrant pursuant to the provisions
of section 161106. THE SUPERINTENDENT SHALL MAIL A
COPY OF THE APPLICATION TO THE COMMITTING COURT AND THE DISTRICT
ATTORNEY IN THE COMMITTING JURISDICTION.
(4) The sheriff or peace officer to whom
the warrant is directed pursuant to subsection (3) of this section
shall take all necessary legal action to take custody of the defendant.
A sheriff shall deliver the defendant immediately to the Colorado
mental health institute at Pueblo which shall provide care and
security for the defendant. until
the conclusion of the preliminary hearing provided for in subsection
(6) of this section or until further order of the court.
If any other peace officer takes custody of the defendant, such
peace officer shall deliver the defendant to the custody of the
sheriff of the jurisdiction in which the defendant was found,
and such sheriff shall comply with the provisions of this subsection
(4).
(5) (a) (I) The
superintendent shall notify the district attorney for the tenth
judicial district immediately upon the defendant's return to the
Colorado mental health institute at Pueblo pursuant to subsection
(4) of this section. Such notice shall include all supporting
documentation from either the superintendent or the director of
a community mental health center in charge of the defendant's
treatment showing that the defendant has become ineligible to
remain on conditional release. Within seventytwo hours after
such notification from the superintendent, excluding Saturdays,
Sundays, and court holidays, the district attorney for the tenth
judicial district on behalf of the superintendent shall file a
verified petition with the Pueblo district court for the revocation
of the defendant's conditional release. The petition shall set
forth the name of the defendant, an allegation that the defendant
has become ineligible to remain on conditional release as defined
in section 168102 (4.5), and the substance of
the evidence sustaining the allegation. Copies of this petition
shall be provided to the defendant, the district attorney for
the judicial district where the defendant was committed, and the
committing court.
(II) The district court for the
tenth judicial district shall have jurisdiction and venue to accept
a petition filed by the district attorney in accordance with subparagraph
(I) of this paragraph (a) and to enter an order for the temporary
revocation of the defendant's conditional release after the hearing
set forth in subsection (6) of this section.
(b) If a petition for revocation
is not filed as provided in this subsection (5) within seventytwo
hours after a defendant is taken into custody pursuant to subsection
(4) of this section, excluding Saturdays, Sundays, and court holidays,
such defendant shall be immediately released from custody unless
the court grants a reasonable extension of time to file such petition
upon a showing of good cause by the district attorney.
(c) At any time after the filing
of a petition, the party filing such petition may cause the revocation
proceedings to be dismissed by giving written notification of
such party's decision for such dismissal to the court.
(d) Prior to any appearance of
the defendant before the court, the defendant shall be given a
copy of the petition. THE COLORADO
MENTAL HEALTH INSTITUTE AT PUEBLO SHALL EXAMINE THE DEFENDANT
TO EVALUATE THE DEFENDANT'S ABILITY TO REMAIN ON CONDITIONAL RELEASE.
THE EXAMINATION SHALL BE CONSISTENT WITH THE PROCEDURE PROVIDED
IN SECTION 168106. IF THE DEFENDANT REFUSES TO SUBMIT
TO AND COOPERATE WITH THE EXAMINATION, THE COMMITTING COURT SHALL
REVOKE THE CONDITIONAL RELEASE. THE EXAMINATION SHALL BE COMPLETED
WITHIN TWENTY DAYS AFTER THE DEFENDANT HAS BEEN DELIVERED TO THE
INSTITUTE AS A RESULT OF THE DEFENDANT'S ARREST. THE INSTITUTE
SHALL MAIL OR DELIVER A WRITTEN REPORT OF THE EXAMINATION TO THE
COMMITTING COURT AND THE DISTRICT ATTORNEY IN THE COMMITTING JURISDICTION
PROMPTLY AFTER THE EXAMINATION IS COMPLETED. THE DEFENDANT MAY
REQUEST AN EXAMINATION AS PROVIDED IN SECTION 168108.
(6) (a) Within
seventytwo hours after the defendant is taken into custody
as provided in subsection (4) of this section, excluding Saturdays,
Sundays, and court holidays, the defendant shall appear before
the court for a preliminary hearing to determine if probable cause
exists to believe that the defendant has become ineligible to
remain on conditional release as defined in section 168102 (4.5).
The hearing may be continued by the court for not more than five
days upon good cause shown. If the court finds that probable cause
does not exist, it shall dismiss the petition and reinstate or
modify the original order of conditional release. If the court
finds that probable cause exists, it shall temporarily revoke
the defendant's conditional release and recommit the defendant.
THE DISTRICT ATTORNEY FOR THE JUDICIAL DISTRICT WHERE THE DEFENDANT
WAS COMMITTED MAY FILE IN THE COMMITTING COURT A PETITION FOR
THE REVOCATION OF THE DEFENDANT'S CONDITIONAL RELEASE. THE PETITION
SHALL SET FORTH THE NAME OF THE DEFENDANT, AN ALLEGATION THAT
THE DEFENDANT HAS BECOME INELIGIBLE TO REMAIN ON CONDITIONAL RELEASE
AS DEFINED IN SECTION 168102 (4.5), AND THE SUBSTANCE
OF THE EVIDENCE SUSTAINING THE ALLEGATION.
(b) IF THE DISTRICT ATTORNEY FOR THE COMMITTING
JUDICIAL DISTRICT DOES NOT FILE A PETITION FOR REVOCATION, AS
PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (6), WITHIN TEN DAYS
AFTER THE DEFENDANT IS DELIVERED TO THE COLORADO MENTAL HEALTH
INSTITUTE AT PUEBLO, THE DEFENDANT SHALL BE IMMEDIATELY RELEASED
FROM CUSTODY; EXCEPT THAT, UPON A SHOWING OF GOOD CAUSE BY THE
DISTRICT ATTORNEY, THE COURT MAY GRANT A REASONABLE EXTENSION
OF TIME TO FILE THE PETITION FOR REVOCATION.
(c) THE COURT MAY DISMISS REVOCATION PROCEEDINGS
AT ANY TIME UPON RECEIPT OF A WRITTEN REQUEST FOR DISMISSAL FROM
THE DISTRICT ATTORNEY WHO FILED THE PETITION FOR REVOCATION.
(d) THE DISTRICT ATTORNEY FOR THE COMMITTING
JUDICIAL DISTRICT SHALL ENSURE THAT THE DEFENDANT RECEIVES A COPY
OF THE PETITION FOR REVOCATION PRIOR TO ANY APPEARANCE BY THE
DEFENDANT BEFORE THE COURT.
(7) Prior
to any final hearing on the petition for revocation, the committing
court may order the defendant to submit to and cooperate with
examinations as provided in section 168106. If the
defendant refuses to submit to and cooperate with such examinations,
the committing court shall recommit the defendant. The defendant
may request an examination as provided in section 168108.
(8) Within thirty days after a
preliminary hearing resulting in the temporary revocation of the
defendant's conditional release,
THE DEFENDANT IS DELIVERED TO THE COLORADO MENTAL HEALTH INSTITUTE
IN PUEBLO PURSUANT TO SUBSECTION (4) OF THIS SECTION, AND IF THE
DEFENDANT IS NOT RELEASED FROM CUSTODY PURSUANT TO PARAGRAPH (b)
OF SUBSECTION (6) OF THIS SECTION, the committing court shall
hold a final
hearing on the petition for revocation of conditional release.
At such hearing, any evidence having probative value shall be
admissible, but the defendant shall be permitted to offer testimony
and to call, confront, and crossexamine witnesses. If the
court finds by a preponderance of the evidence that the defendant
has become ineligible to remain on conditional release as defined
in section 168102 (4.5), it shall enter a
final AN order revoking the defendant's
conditional release and recommitting the defendant. At any time
thereafter, the defendant may be afforded a release hearing as
provided in section 168115. If the court does not
find by a preponderance of the evidence that the defendant has
become ineligible to remain on conditional release as defined
in section 168102 (4.5), it shall dismiss the
petition and reinstate or modify the original order of conditional
release.
SECTION 10. 22315,
Colorado Revised Statutes, 1980 Repl. Vol., is amended to read:
22315. Member may administer
oath. The chairman or
any member of any committee appointed
by either branch
HOUSE of the general assembly of this state, or any member
CHAIRMAN of any joint committee appointed by the two houses of
the general assembly is authorized to administer oaths and affirmations
to witnesses, touching any matter or thing which may be under
the consideration or investigation of the committee.
SECTION 11. Effective date applicability. This
act shall take effect July 1, 1997, and shall apply to offenses
committed on or after said date; except that section 9 of this
act shall apply to revocations of conditional release commenced
on or after July 1, 1997.
SECTION 12. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO