BY REPRESENTATIVES Adkins, George, Gotlieb, Kaufman, Paschall, and Pfiffner;
also SENATOR Wham.
CONCERNING RECOMMENDATIONS OF THE HOUSE COMMITTEE
ON THE JUDICIARY RELATED TO THE CONTINUATION OF REQUIREMENTS
FOR CERTAIN PERIODIC REPORTS TO THE GENERAL ASSEMBLY FROM EXECUTIVE
AND JUDICIAL BRANCH AGENCIES UNDER ARTICLES 16 TO 90 OF TITLE
13 AND UNDER TITLES 14 TO 21, COLORADO REVISED STATUTES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Repeal.
1322309, Colorado Revised Statutes, is repealed as
follows:
1322309. Reports.
The director shall report annually
to the chief justice, the general assembly, and the governor on
the operation of the office of dispute resolution. Such information
shall include, but shall not be limited to, identification of
participating judicial districts and the methods of alternative
dispute resolution that are available to such participating districts,
the number and types of disputes received and the method of alternative
dispute resolution to which such disputes were referred, the source
of the referral, the status of cases referred to alternative dispute
resolution or the disposition of these disputes, and any problems
being encountered. In addition, the report shall contain a comparison
of the cost of alternative dispute resolution with the cost of
litigation.
SECTION 2. Repeal.
1611213 (6), Colorado Revised Statutes, is repealed
as follows:
1611213. Intensive supervision
probation programs legislative declaration.
(6) The judicial department,
at the time of the making of its annual budget request, shall
report to the joint budget committee on the number of offenders
diverted from the department of corrections to each intensive
supervision probation program and the amount of money saved to
the state because of such diversion.
SECTION 3. 1611311
(10) (a), (10) (b), and (10) (d), Colorado Revised Statutes, are
amended to read:
1611311. Sentences
youthful offenders legislative declaration powers
and duties of district court authorization for youthful
offender system powers and duties of department of corrections
repeal. (10) (a) On
or before January 30, 1994
JANUARY 30, 1999, the department of corrections shall submit a
report to the capital development
committee and the joint budget committee
HOUSE AND SENATE JUDICIARY COMMITTEES concerning the youthful
offender system and thereafter shall
submit an annual updated report that includes but is not necessarily
limited to the following: CONTAINING
A SUMMARY OF THE RECIDIVISM RATE FOR OFFENDERS WHO COMPLETE THE
PROGRAMS IN THE YOUTHFUL OFFENDER SYSTEM THAT TRACKS SUCH OFFENDERS
FOR FIVE YEARS FOLLOWING RELEASE FROM THE YOUTHFUL OFFENDER SYSTEM
AS WELL AS AN ACCOUNTING OF THE AMOUNT SPENT PER OFFENDER FOR
EACH OF THE FIRST FIVE YEARS OF OPERATION OF THE YOUTHFUL OFFENDER
SYSTEM.
(I) The specific content and structure
of the programs for offenders in the youthful offender system,
including staffing ratios for each program, a description of the
daily routine of offenders that includes the amount of offenders'
time that is allocated to each program, and an explanation of
how the programs are related to the principles described in subsection
(3) of this section;
(II) The process used for transition
to community supervision, whether offenders may be returned to
their original environment for the supervised period, the specific
means of community supervision, and the specific educational and
treatment programs provided to offenders during their supervised
period;
(III) The procedure for transferring
an offender to another facility for vocational or training services
or when an offender poses a danger to himself or herself or others,
and identification of the facilities used for such purposes;
(IV) The specific criteria and
procedures for determining successful completion of the programs
in the youthful offender system, for determining whether an offender
cannot successfully complete the sentence, and for revocation
of community supervision;
(V) A summary of the recidivism
rate for offenders who complete the programs in the youthful offender
system that tracks such offenders for five years following release
from the youthful offender system.
(b) On or
before March 1, 1994, the department of corrections shall submit
a report to the capital development committee and the joint budget
committee concerning the number of offenders entering the youthful
offender system and a profile of the typical offender, including
demographic backgrounds, entering the system, including an analysis
of the criminal backgrounds of such offenders, and update the
committees quarterly.
(d) On or
after January 1, 1995, the department of corrections shall submit
a report to the general assembly and the joint budget committee
concerning the number of offenders entering the youthful offender
system as habitual juvenile offenders, as defined in section 191103
(61), C.R.S., including a summary of the criminal history of each
offender, and update the general assembly and the joint budget
committee annually on the number of habitual juvenile offenders
entering the youthful offender system and on the number of offenders
of all types who have completed the youthful offender system and
have reoffended.
SECTION 4. Repeal. 1611.7107,
Colorado Revised Statutes, is repealed as follows:
1611.7107. Report to the
general assembly. On
or before March 1, 1997, the board shall make a report to a joint
meeting of the judiciary committees of the senate and the house
of representatives regarding the implementation of this article,
the standardized procedures developed pursuant to this article,
and the results of the programs created by this article.
SECTION 5. Repeal.
1613506 (8) (b), Colorado Revised Statutes, is repealed
as follows:
1613506. Final order
disposition of property. (8) (b) A
report of any moneys received pursuant to paragraph (c) of subsection
(1) of this section by a state agency shall be given to the general
assembly along with an accounting of how said moneys were expended.
SECTION 6. 1615104
(2) and (4), Colorado Revised Statutes, are amended to read:
1615104. Reports to state
court administrator and attorney general.
(2) On March 1 of each
year, the state court administrator, as authorized by the chief
justice, shall transmit to the general assembly a statistical
report covering wiretap applications and other information reported
to him by courts of competent jurisdiction.
(4) On March
1 OR BEFORE JANUARY 31 of each year,
the attorney general shall transmit to the general assembly OR,
ALTERNATIVELY, MAY PRESENT AS PART OF THE ANNUAL LEGISLATIVE BRIEFING
BY THE DEPARTMENT OF LAW, a report which shall be a statistical
compilation of the reports received from district attorneys, as
well as similar information from his
THE ATTORNEY GENERAL'S office.
SECTION 7. 171103
(1) (g), Colorado Revised Statutes, is amended to read:
171103. Duties of the executive
director. (1) The duties of
the executive director shall be:
(g) To require
of the head of each institution and agency assigned to the department
an annual report containing such information and submitted at
such a time as the executive director shall decide. The executive
director shall prepare and transmit
annually in the form and manner prescribed
by the heads of the principal departments pursuant to the provisions
of section 241136, C.R.S., a report accounting to
the governor and the general assembly for
TO THE GENERAL ASSEMBLY OR, ALTERNATIVELY, TO INCORPORATE INTO
THE DEPARTMENT OF CORRECTIONS YEARLY STATISTICAL REPORT, INFORMATION
CONCERNING the efficient discharge of all responsibilities assigned
by law or directive to the department or to the divisions thereof.
SECTION 8. 171104.3
(4), Colorado Revised Statutes, is amended to read:
171104.3. Correctional
facilities locations security level.
(4) On or before November
1, 1995, and the first day of each November thereafter,
ON OR BEFORE JANUARY 31 OF EACH YEAR, the department shall submit
an annual report to the joint budget committee, the capital development
committee, and the judiciary committees of each house of the general
assembly PREPARE AND TRANSMIT TO
THE GENERAL ASSEMBLY OR, ALTERNATIVELY, MAY INCORPORATE INTO THE
ANNUAL DEPARTMENT OF CORRECTIONS STATISTICAL REPORT PRESENTED
TO THE HOUSE AND SENATE IN JANUARY OF EACH YEAR, A REPORT that
compares the construction and operating costs of facilities with
mixed custody levels to the construction and operating costs of
facilities without such mixed custody levels.
SECTION 9. Repeal.
172201 (13) (b), Colorado Revised Statutes, is repealed
as follows:
172201. State board of
parole. (13) (b) The
board shall prepare and submit to the general assembly by November
1, 1988, and by each November 1 thereafter, a report detailing
the number of appointments of counsel for parolees pursuant to
this section for the prior fiscal year and the reason for each
such appointment.
SECTION 10. 1722.5301
(3), Colorado Revised Statutes, is amended to read:
1722.5301. Good time.
(3) Each person sentenced for a crime committed on
or after July 1, 1985, shall be subject to all the provisions
of this part 3; except that the good time authorized by this section
shall not vest and may be withheld or deducted by the department.
The department of corrections shall
report annually to the general assembly the number of good time
days authorized per inmate, the number of good time days withheld
or deducted per inmate, and the average length of stay per inmate
during each calendar year. The report shall be submitted to the
general assembly prior to each March 31 for the preceding calendar
year.
SECTION 11. Repeal.
1722.5406 (4), Colorado Revised Statutes, is repealed
as follows:
1722.5406. Applicability
of part. (4) The
state board of parole shall make a biannual report to the general
assembly on January 1 and July 1 of each year which shall include
the following information:
(a) The number of persons released
by the state board of parole pursuant to this part 4 during the
preceding six months;
(b) The names of such persons;
(c) The previous records of such
persons;
(d) The length of time such persons
were incarcerated; and
(e) The reasons why the state
board of parole determined that the release of such persons would
be appropriate.
SECTION 12. Repeal.
1724106 (1) (k) (II), (1) (k) (III), and (1) (k)
(IV), Colorado Revised Statutes, are repealed as follows:
1724106. General powers
of the division. (1) In addition
to any other powers granted to the division by this article, the
division shall have the following powers:
(k) (II) Prior
to the acquisition or disposal of real property by sale, purchase,
leasepurchase, trade, or exchange which has a market value
exceeding fifty thousand dollars but less than two hundred fifty
thousand dollars, which property is to be used or has been used
in support of existing correctional industry business enterprises
or programs, the division shall first submit a written report
pursuant to the provisions of subparagraph (IV) of this paragraph
(k). The capital development committee shall review any such report
and provide recommendations to the director of correctional industries
regarding the proposed transaction within thirty days following
the receipt of such report. The director of correctional industries
shall not complete any such transaction without first considering
the recommendations of the capital development committee.
(III) Prior
to the acquisition or disposal of real property by sale, purchase,
leasepurchase, trade, or exchange which has a market value
exceeding two hundred fifty thousand dollars, or fifty thousand
dollars in the case of real property to be used in support of
new correctional industry business enterprises or programs, the
division shall first submit a written report pursuant to the provisions
of subparagraph (IV) of this paragraph (k). The capital development
committee shall review any such report. No such transaction shall
take place unless approved by the general assembly acting by bill.
(IV) Written
reports required to be filed pursuant to this paragraph (k) shall
describe the anticipated or existing use of such real property,
the maintenance costs related to the property, the current value
of the property, any conditions or limitations which may restrict
the use of the property, and any potential liability to the state
that could result from such acquisition or disposal, and shall
contain a business plan outlining the financial analysis on which
the proposed transaction is based.
SECTION 13. Repeal.
1724111 (2) (a), Colorado Revised Statutes,
is repealed as follows:
1724111. Purchasing requirement.
(2) (a) On or before
April 1 and October 1 of each year or as often within the year
as may be necessary, the director shall report to the department
of personnel or purchasing agency, the office of state planning
and budgeting, the correctional industries advisory committee,
and the joint budget committee of the general assembly all goods
and services to be produced by the division during the following
oneyear period. The department of personnel or purchasing
agency shall inform all state agencies, within thirty days, of
such list. All state agencies that require such goods and services
for their operation shall inform the department of personnel or
purchasing agency and the office of state planning and budgeting
of the anticipated orders for such goods and services during the
next oneyear period. All orders for such goods and services
shall be placed by the agency through the department of personnel
or purchasing agency. Except as otherwise provided in subsection
(1) of this section, all state agencies may be required to purchase
such goods and services from the division.
SECTION 14. Repeal.
1727.5105, Colorado Revised Statutes, is repealed
as follows:
1727.5105. Duty to report.
No later than January 15, 1991, and
each subsequent year thereafter, the executive director shall
submit a report to the governor and to the general assembly.
The report shall describe the type of intensive supervision programs
established, the number of offenders assigned to those programs,
progress and problems with operation of the programs, and his
or her recommendations.
SECTION 15. Repeal.
1812108.5 (4), Colorado Revised Statutes, is repealed
as follows:
1812108.5. Possession of
handguns by juveniles prohibited exceptions
penalty. (4) For
the purposes of determining the necessity of constructing additional
facilities, and the necessary capacity of such facilities, the
judicial department shall report to the general assembly on or
before January 15, 1994, regarding the number of persons charged
in juvenile court with the commission of the offense created in
this section, the number of persons adjudicated a juvenile delinquent
for the commission of the offense created in this section, the
disposition of such cases, and any other information deemed relevant
by the judicial department regarding the enforcement of this section.
The judicial department shall report the same information to
the general assembly on or before February 15, 1994, March 15,
1994, and on the fifteenth day of the month every three months
thereafter.
SECTION 16. 191116
(3), Colorado Revised Statutes, is amended to read:
191116. Funding
alternatives to placement out of the home.
(3) The department of human services shall report annually
to the house and senate committees on health, environment, welfare,
and institutions concerning the funds
reimbursed to AMOUNT OF CAPPED ALLOCATIONS,
AS DEFINED IN SECTION 265101 (1), C.R.S., RECEIVED
BY each county pursuant to this section, by line item, and each
county's spending, by line item.
SECTION 17. 191123
(2) (a), Colorado Revised Statutes, is amended to read:
191123. Expedited procedures
for permanent placement children under the age of six years
designated counties annual report.
(2) (a) On or before December 31, 1995, and each
December 31 thereafter through and including December 31, 2003,
the department of human services in consultation with the judicial
department shall submit a written report to the joint budget committee
AND TO THE HOUSE AND SENATE COMMITTEES ON HEALTH, EDUCATION, WELFARE,
AND INSTITUTIONS regarding program effectiveness and progress
toward statewide implementation. Such report shall also provide
an evaluation as to whether outofhome placement costs
have been avoided as a result of the program. In the event such
costs have been avoided, the department of human services shall
request that any available moneys be transferred from the outofhome
placement budget category to the family issues cash fund for the
purposes of statewide implementation. The implementation of expedited
procedures in additional counties shall be subject to specific
appropriation by the general assembly.
SECTION 18. Repeal.
192203 (2) (b), Colorado Revised Statutes, is repealed
as follows:
192203. Division of youth
corrections created interagency agreements.
(2) (b) On or before
March 1, 1997, and on or before each March 1 thereafter, the division
of youth corrections shall submit to the judiciary committees
of the general assembly a report concerning the implementation
of any interagency agreements entered into pursuant to this subsection
(2). At a minimum, the report shall specify the participating
judicial districts and the number of offenders involved in the
programs.
SECTION 19. Repeal.
192210 (4), Colorado Revised Statutes, is repealed
as follows:
192210. Juvenile community
review board. (4) No
later than January 30, 1988, the department of human services
shall submit a report to the general assembly describing the number
of juvenile community review boards that have been established,
the number of residential community programs, the number of juveniles
assigned to those programs, the number of juveniles that have
been rejected by the boards who subsequently required secure institutional
care, and the rate of recidivism of those juveniles as compared
with the recidivism rates for juveniles placed into secure institutional
programs.
SECTION 20. 192212
(1) (a), Colorado Revised Statutes, is amended to read:
192212. Working group for
criteria for placement of juvenile offenders establishment
of formula review of criteria.
(1) The executive director of the department of human
services and the state court administrator of the judicial department,
or any designees of such persons, in consultation with the division
of criminal justice of the department of public safety, the office
of state planning and budgeting, the Colorado district attorneys
council, law enforcement representatives, and representatives
of local and county governments, shall form a working group that
shall carry out the following duties:
(a) To establish a set of criteria for
both detention and commitment for the purposes of determining
which juvenile offenders are appropriate for placement in the
physical or legal custody of the department of human services.
Such criteria shall conform with section 192508.
This set of criteria, when adopted by the department of human
services and the judicial department, shall be used to promote
a more uniform system of determining which juveniles should be
placed in the physical custody of the department of human services
or in the legal custody
of the department of human services so that decisions for such
placement of a juvenile are made based upon a uniform set of criteria
throughout the state. In developing such set of criteria, the
working group shall utilize any existing risk scale devised by
the department of human services or any other measures to determine
when it is appropriate to place a juvenile in the physical custody
of the department of human services or in the legal custody of
the department of human services. The working group established
pursuant to this subsection (1) shall hold a meeting once each
year to review and propose revision to the criteria established
pursuant to this paragraph (a) and the formula created pursuant
to paragraph (b) of this subsection (1). The
working group shall report any changes made to the criteria or
to the formula to the general assembly on or before December 1
of each year.
SECTION 21. Repeal.
192309 (6), Colorado Revised Statutes, is repealed
as follows:
192309. Regimented juvenile
training program legislative declaration repeal.
(6) (a) On or before
December 1, 1996, the department of human services shall submit
a report evaluating the regimented juvenile training program to
the governor, the speaker of the house of representatives, the
president of the senate, and the joint budget committee of the
general assembly.
(b) The report shall include the
following determinations:
(I) Whether the courts are sentencing
juveniles to the regimented juvenile training program when such
juvenile would better be committed to the department of human
services for placement in a division of youth corrections facility
or otherwise placed on probation; and
(II) Whether, as a result of being
assigned to the regimented juvenile training program, juveniles
in fact receive less serious sentences than similarly adjudicated
juveniles, in terms of the type of delinquent act, juvenile history,
and assessed needs, who were not assigned to such a program but
were otherwise committed to the department of human services;
and
(III) Whether bed savings to the
department of human services are a result of the regimented juvenile
training program; and
(IV) Whether juveniles placed
in a regimented juvenile training program have a recidivism rate
that is equal to or less than that of similar adjudicated juveniles
who were not placed in such program but were otherwise committed
to the department of human services.
SECTION 22. 192309
(6.5), Colorado Revised Statutes, is amended to read:
192309. Regimented juvenile
training program legislative declaration repeal.
(6.5) (a) In addition
to the report submitted pursuant to subsection (6) of this section,
on or before January 15, 1998, and on or before January 15 of
each year thereafter, the department of human services shall submit
to the general assembly a report that includes, but is not limited
to, the following information:
(I) A nonidentifying profile of
each juvenile participating in the regimented juvenile training
program during the preceding year;
(II) A description of the services
provided through the regimented juvenile training program during
the preceding year; and
(III) The completion rate for
the regimented juvenile training program, calculated for the state
as a whole and for each judicial district.
(b) On or
before January 15, 1998, and on or before January 15 of each year
thereafter, the judicial department shall submit to the general
assembly a report that includes, but is not limited to, the following
information:
(I) Descriptions of the aftercare
services provided by each judicial district;
(II) The completion rate for each
aftercare service or program provided; and
(III) The recidivism rate for
juveniles who complete the regimented juvenile training program,
calculated for the state as a whole and for each judicial district.
The recidivism rate calculated pursuant to this subparagraph
(III) shall include any juvenile who commits a criminal offense,
either as a juvenile or as an adult, within three years after
completing the regimented juvenile training program.
(c) On or before January
15, 2000, NOVEMBER 30, 1999, the
department of human services shall submit to the general assembly
an evaluation of the regimented juvenile training program.
SECTION 23. Repeal.
193310.5 (10), Colorado Revised Statutes, is repealed
as follows:
193310.5. Mediation
pilot program repeal. (10) A
county that is operating a mediation pilot program under the provisions
of this section shall prepare a written report regarding the experiences
of the county in using mediation services. The county shall submit
the report to the house and senate judiciary committees on or
before January 1, 1996. The report shall include, but is not
limited to, the following:
(a) The number of families referred
to mediation and the number of families who successfully reached
a settlement;
(b) The types of cases that were
referred to mediation by the court;
(c) In cases in which mediation
was used, whether there were any cost savings and the extent of
those cost savings; and
(d) The criteria used by the county
in approving mediators and whether any special training or instruction
was given to mediators.
SECTION 24. Repeal.
241136 (11) (a) (II) (B), Colorado Revised Statutes,
is repealed as follows:
241136. "Information
Coordination Act" policy functions of the heads
of principal departments. (11) (a) (II) All
requirements for reports to the general assembly by executive
agencies or the judicial branch that were in existence before
July 1, 1996, or that otherwise are not covered by subparagraph
(I) of this paragraph (a), shall expire on the following dates:
(B) Requirements
imposed under article 6 of title 13 to article 60 of title 22,
C.R.S., July 1, 1998;
SECTION 250 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO