First Regular Session

Sixty-first General Assembly

LLS NO. 97­0563.01D DFH SENATE BILL 97­200

STATE OF COLORADO

BY SENATOR Chlouber;

also REPRESENTATIVE Smith. REENGROSSED

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE STATE BOARD OF PAROLE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Adds the equivalent of 2 full­time members to the state board of parole. Increases the number of terms a member of the board may serve from 3 to 4. Corrects the termination date for one of the terms on the board.

Authorizes the board to deny parole to an offender who is scheduled to be discharged pursuant to law if the offender has not agreed to conditions of parole or has been convicted of a violation of the code of penal discipline after the mandatory release date has been set.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  17­2­201 (1) (a), (1) (b), and (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended, and the said 17­2­201 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

17­2­201.  State board of parole. (1) (a)  There is hereby created a state board of parole, referred to in this part 2 as the "board", which shall consist of seven REGULAR FULL­TIME members AND ADDITIONAL MEMBERS CONSTITUTING THE EQUIVALENT OF TWO FULL­TIME MEMBERS. The members of the board shall be appointed by the governor and confirmed by the senate. and they THE REGULAR FULL­TIME MEMBERS shall devote their full time to their duties as members of such board. The governor may remove a board member for incompetency, neglect of duty, malfeasance in office, continued failure to use the risk assessment guidelines as required by section 17­22.5­404, or failure to regularly attend meetings as determined by the governor. Final conviction of a felony during the term of office of a board member shall automatically result in the disqualification of the member from further service on the board. The REGULAR FULL­TIME MEMBERS OF THE board shall be composed of two representatives from law enforcement, one former parole or probation officer, and four citizen representatives. IN MAKING THE APPOINTMENTS FOR THE ADDITIONAL MEMBERS, THE GOVERNOR MAY APPOINT UP TO FOUR PART­TIME MEMBERS WHO SHALL BE LAW ENFORCEMENT REPRESENTATIVES AND CITIZEN REPRESENTATIVES. The members of the board shall have knowledge of parole, rehabilitation, correctional administration, the functioning of the criminal justice system, and the issues associated with victims of crime. The three designated members of the board shall each have at least five years' education or experience, or a combination thereof, in their respective fields. No person who has been convicted of a felony or of a misdemeanor involving moral turpitude or who has any financial interests which conflict with the duties of a member of the parole board shall be eligible for appointment.

(b)  The parole board in existence prior to July 1, 1987, is abolished on July 1, 1987. The governor shall appoint a new parole board pursuant to this section, two members of which shall be appointed for terms of three years, two members of which shall be appointed for terms of two years, and one member of which shall be appointed for a term of one year. Thereafter, members shall be appointed for terms of three years. If a member is appointed during a period of time in which the general assembly is not in session, that member shall serve on a temporary basis until the general assembly next convenes. No member shall serve more than three FOUR consecutive full three­year terms after the initial term. Any person who is appointed to fill a vacancy on the board and who serves at least one­half of the term of office shall be considered to have served a full term in the office for purposes of this section.

(c)  The parole board in existence prior to July 1, 1990, shall be expanded to seven members on July 1, 1990. The governor shall appoint an additional law enforcement representative and an additional citizen representative to the board, one for a term of two years to expire on July 1, 1992, and one for a term of three years to expire on JULY JUNE 30, 1993. Thereafter, such members shall be appointed for terms of three years and shall serve no more than two THREE consecutive full three­year terms after the initial term.

(c.5)  THE PAROLE BOARD IN EXISTENCE PRIOR TO JULY 1, 1997, SHALL BE EXPANDED ON JULY 1, 1997, TO INCLUDE ADDITIONAL MEMBERS CONSTITUTING THE EQUIVALENT OF TWO FULL­TIME MEMBERS. THE GOVERNOR SHALL APPOINT THE PERSON OR PERSONS WHO SERVE AS THE EQUIVALENT OF ONE FULL­TIME MEMBER REPRESENTING LAW ENFORCEMENT FOR A TERM OF TWO YEARS TO EXPIRE ON JUNE 30, 1999. THE GOVERNOR SHALL APPOINT THE PERSON OR PERSONS WHO SERVE AS THE EQUIVALENT OF THE OTHER FULL­TIME MEMBER AS A CITIZEN REPRESENTATIVE FOR A TERM OF THREE YEARS TO EXPIRE ON JUNE 30, 2000. THEREAFTER, SUCH MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS AND SHALL SERVE NO MORE THAN THREE CONSECUTIVE FULL THREE­YEAR TERMS AFTER THE INITIAL TERM.

SECTION 2.  17­22.5­403, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

17­22.5­403.  Parole eligibility. (7.5)  FOR ANY OFFENDER WHO IS INCARCERATED FOR AN OFFENSE COMMITTED ON OR AFTER JULY 1, 1993, AND WHO IS NOT GRANTED PAROLE PURSUANT TO SUBSECTION (7) OF THIS SECTION BUT WHO IS SCHEDULED TO BE PLACED ON PAROLE AFTER BEING DISCHARGED PURSUANT TO LAW, THE STATE BOARD OF PAROLE MAY DENY PAROLE IF THE OFFENDER HAS NOT SIGNED A WRITTEN AGREEMENT CONTAINING THE CONDITIONS OF THE OFFENDER=S PAROLE BEFORE THE DATE ON WHICH THE OFFENDER IS SCHEDULED TO BE RELEASED.

SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of moneys in the general fund not otherwise appropriated, to the department of corrections, parole board, for the fiscal year beginning July 1, 1997, the sum of one hundred seventy-six thousand nine hundred thirty-seven dollars ($176,937) and 2.0 FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 4.  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.