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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0680.01D JAP HOUSE BILL 98­1374

STATE OF COLORADO

BY REPRESENTATIVES Tucker, Adkins, Kreutz, and McPherson;

also SENATOR Wells.

REENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING STRENGTHENING OF THE STATUTORY PROVISIONS CONCERNING POST­RELEASE SUPERVISION OF OFFENDERS.

Bill Summary

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

Requires any offender who is incarcerated for an offense committed on or after July 1, 1998, whose parole is revoked, and who serves the majority of his or her remaining mandatory period of parole in reincarceration, to complete 12 months of supervision before the offender's sentence is fully discharged. Allows the state board of parole to revoke an offender's supervision and return the offender to incarceration for a period of up to 12 months. Allows the state board of parole to discharge an offender prior to completion of the 12­month period of supervision if the board determines that the offender is sufficiently reintegrated into society.

Clarifies that an offender's sentence for an offense committed on or after July 1, 1998, is not fully discharged until the offender either completes or is discharged from the mandatory period of parole or completes or is discharged from the 12­month period of supervision, whichever occurs first.


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

SECTION 1.  17­22.5­403, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

17­22.5­403.  Parole eligibility. (9) (a)  THE PROVISIONS OF THIS SUBSECTION (9) SHALL APPLY TO ANY OFFENDER WHO IS PAROLED FOR A CLASS 2, 3, 4, OR 5 FELONY OR A CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY OFFENSE COMMITTED ON OR AFTER JULY 1, 1998, AND IS SUBSEQUENTLY REINCARCERATED PURSUANT TO SUBSECTION (8) OF THIS SECTION. FOLLOWING REINCARCERATION, THE OFFENDER MAY APPLY FOR PAROLE AND THE STATE BOARD OF PAROLE, WORKING IN CONJUNCTION WITH THE DEPARTMENT AND USING THE GUIDELINES ESTABLISHED PURSUANT TO SECTION 17­22.5­404, SHALL DETERMINE WHETHER TO GRANT PAROLE. IF THE STATE BOARD OF PAROLE DETERMINES THAT PLACING THE OFFENDER ON PAROLE IS APPROPRIATE, IT SHALL SET THE LENGTH OF THE PERIOD OF PAROLE AT ANY TIME REMAINING ON THE OFFENDER'S MANDATORY PERIOD OF PAROLE ESTABLISHED IN SECTION 18­1­105 (1) (a) (V), C.R.S.; EXCEPT THAT, IF THE OFFENDER'S REMAINING MANDATORY PERIOD OF PAROLE IS LESS THAN TWELVE MONTHS, THE STATE BOARD OF PAROLE SHALL RELEASE THE OFFENDER TO TWELVE MONTHS OF SUPERVISION AND THE OFFENDER SHALL NOT BE REQUIRED TO SERVE THE REMAINING MANDATORY PERIOD OF PAROLE. IF AN APPLICATION FOR PAROLE IS REFUSED BY THE STATE BOARD OF PAROLE, THE STATE BOARD OF PAROLE SHALL RECONSIDER WITHIN ONE YEAR THEREAFTER WHETHER THE OFFENDER SHOULD BE GRANTED PAROLE. THE STATE BOARD OF PAROLE SHALL CONTINUE SUCH RECONSIDERATION EACH YEAR THEREAFTER, EXCEPT AS OTHERWISE PROVIDED FOR THE CRIMES SPECIFIED IN SUBSECTION (7) OF THIS SECTION, UNTIL THE BOARD GRANTS THE OFFENDER PAROLE OR RELEASES THE OFFENDER ON SUPERVISION OR UNTIL THE OFFENDER COMPLETES THE MANDATORY PERIOD OF PAROLE IN INCARCERATION. IF THE OFFENDER COMPLETES THE MANDATORY PERIOD OF PAROLE IN INCARCERATION, HE OR SHE SHALL BE RELEASED TO A TWELVE­MONTH PERIOD OF SUPERVISION.

(b) (I)  IF THE STATE BOARD OF PAROLE GRANTS PAROLE TO AN OFFENDER PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (9) FOR THE PERIOD REMAINING ON THE OFFENDER'S MANDATORY PERIOD OF PAROLE, THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION SHALL APPLY WHILE THE OFFENDER IS SERVING THE REMAINDER OF THE MANDATORY PERIOD OF PAROLE; EXCEPT THAT, IF THE STATE BOARD OF PAROLE SUBSEQUENTLY REVOKES THE OFFENDER'S PAROLE AS PROVIDED IN SUBSECTION (8) OF THIS SECTION AND THE OFFENDER'S REMAINING PERIOD OF MANDATORY PAROLE IS LESS THAN SIX MONTHS, THE STATE BOARD MAY RETURN THE OFFENDER TO A PLACE OF CONFINEMENT FOR A PERIOD OF UP TO TWELVE MONTHS AND THE OFFENDER SHALL NOT BE REQUIRED TO SERVE THE REMAINING MANDATORY PERIOD OF PAROLE. ANY PERSON REINCARCERNATED FOR A PERIOD OF UP TO TWELVE MONTHS PURSUANT TO THIS PARAGRAPH (b) SHALL BE ELIGIBLE FOR SUBSEQUENT RELEASE FOR A TWELVE­MONTH PERIOD OF SUPERVISION AT ANY TIME DURING SUCH REINCARCERATION OR UPON COMPLETION OF SUCH INCARCERATION.

(II)  IF THE OFFENDER COMPLETES THE MANDATORY PERIOD OF PAROLE OR THE STATE BOARD OF PAROLE DISCHARGES THE OFFENDER FROM MANDATORY PAROLE PURSUANT TO SUBSECTION (8) OF THIS SECTION, THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.

(c)  FOR ANY OFFENDER RELEASED TO A TWELVE­MONTH PERIOD OF SUPERVISION PURSUANT TO THIS SUBSECTION (9), THE DIVISION OF ADULT SERVICES SHALL PROVIDE SUPERVISION AND ASSISTANCE IN SECURING EMPLOYMENT, HOUSING, AND SUCH OTHER SERVICES AS MAY AFFECT THE OFFENDER'S SUCCESSFUL REINTEGRATION INTO THE COMMUNITY WHILE RECOGNIZING THE NEED FOR PUBLIC SAFETY. THE STATE BOARD OF PAROLE, PURSUANT TO SECTION 17­22.5­404, SHALL ESTABLISH THE CONDITIONS FOR THE OFFENDER'S TWELVE­MONTH SUPERVISION PRIOR TO THE OFFENDER'S RELEASE FROM INCARCERATION. UPON A DETERMINATION IN A REVOCATION PROCEEDING THAT THE CONDITIONS OF SUPERVISION HAVE BEEN VIOLATED, THE STATE BOARD OF PAROLE SHALL CONTINUE THE SUPERVISION IN EFFECT, MODIFY THE CONDITIONS OF SUPERVISION IF CIRCUMSTANCES THEN SHOWN TO EXIST REQUIRE SUCH MODIFICATIONS, WHICH CIRCUMSTANCES SHALL BE SET FORTH IN WRITING, OR REVOKE THE SUPERVISION AND ORDER THE RETURN OF THE OFFENDER TO A PLACE OF CONFINEMENT DESIGNATED BY THE EXECUTIVE DIRECTOR FOR ANY PERIOD OF TIME UP TO TWELVE MONTHS. ANY OFFENDER WHO HAS BEEN REINCARCERATED DUE TO A SUPERVISION REVOCATION PURSUANT TO THIS PARAGRAPH (c) SHALL BE ELIGIBLE FOR SUBSEQUENT RELEASE FOR A TWELVE­MONTH PERIOD OF SUPERVISION AT ANY TIME DURING SUCH REINCARCERATION.

(d)  THE STATE BOARD OF PAROLE MAY DISCHARGE AN OFFENDER RELEASED ON SUPERVISION UNDER THIS SUBSECTION (9) AT ANY TIME DURING THE TERM OF SUPERVISION UPON A DETERMINATION THAT THE OFFENDER HAS BEEN SUFFICIENTLY REHABILITATED AND REINTEGRATED INTO SOCIETY AND CAN NO LONGER BENEFIT FROM SUPERVISION. IN MAKING ANY SUCH DETERMINATION, THE STATE BOARD OF PAROLE SHALL MAKE WRITTEN FINDINGS AS TO WHY THE OFFENDER IS NO LONGER IN NEED OF SUPERVISION. UPON COMPLETION OF TWELVE CONSECUTIVE MONTHS OF SUPERVISION OR DISCHARGE FROM SUPERVISION AS PROVIDED IN THIS PARAGRAPH (d), THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.

(e)  NOTWITHSTANDING ANY PROVISIONS OF THIS SUBSECTION (9) TO THE CONTRARY, THE TOTAL AMOUNT OF TIME SPENT BY AN OFFENDER ON SUPERVISION FOLLOWING MANDATORY PAROLE SHALL NOT EXCEED THE LENGTH OF TIME FOR WHICH THE OFFENDER WAS SENTENCED TO INCARCERATION. TIME SPENT IN INCARCERATION FOLLOWING REVOCATION OF PAROLE OR SUPERVISION PURSUANT TO THIS SUBSECTION (9) SHALL NOT BE INCLUDED IN CALCULATING THE OFFENDER'S MAXIMUM PERIOD OF SUPERVISION. UPON COMPLETION OF THE MAXIMUM PERIOD OF SUPERVISION CALCULATED PURSUANT TO THIS PARAGRAPH (e), THE OFFENDER SHALL BE DISCHARGED.

SECTION 2.  18­1­105 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

18­1­105.  Felonies classified ­ presumptive penalties. (1) (a) (VI)  ANY PERSON SENTENCED FOR A CLASS 2, 3, 4, OR 5 FELONY, OR A CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY OFFENSE, COMMITTED ON OR AFTER JULY 1, 1998, REGARDLESS OF THE LENGTH OF THE PERSON'S SENTENCE TO INCARCERATION AND THE MANDATORY PERIOD OF PAROLE, SHALL NOT BE DEEMED TO HAVE FULLY DISCHARGED HIS OR HER SENTENCE UNTIL SAID PERSON HAS EITHER COMPLETED OR BEEN DISCHARGED BY THE STATE BOARD OF PAROLE FROM THE MANDATORY PERIOD OF PAROLE IMPOSED PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (a) OR COMPLETED OR BEEN DISCHARGED BY THE STATE BOARD OF PAROLE FROM THE TWELVE­MONTH PERIOD OF SUPERVISION IMPOSED PURSUANT TO SECTION 17­22.5­403 (9), C.R.S., WHICHEVER OCCURS FIRST. PRIOR TO FULLY DISCHARGING HIS OR HER SENTENCE, UPON REVOCATION OF PAROLE, A PERSON MAY BE RETURNED TO INCARCERATION FOR THE PERIODS SPECIFIED IN SECTION 17­22.5­403 (9), C.R.S.

SECTION 3. Exception to the requirements of section 2­2­703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to sections 17­22.5­403 and 18­1­105, Colorado Revised Statutes, enacted in this act reflect the General Assembly's original intent in passing House Bill 93­1302. As a clarification of a previously enacted bill, the general assembly finds that said amendments constitute an exception to the five­year appropriation requirements specified in section 2­2­703, Colorado Revised Statutes.

SECTION 4. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.

SECTION 5.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

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.