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Second Regular Session
Sixty-first General Assembly
LLS NO. 980275.01 JJC
SENATE BILL 98050
STATE OF COLORADO
BY SENATOR Hopper;
also REPRESENTATIVE George.
A BILL FOR AN ACT
CONCERNING CREATION OF A CRIMINAL JUSTICE COMMITTEE,
AND MAKING AN APPROPRIATION THEREFOR.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Creates a legislative committee to be known as the criminal justice committee ("CJC") with 11 appointed members as follows:
! 3 members of the house of representatives, appointed by the speaker of the house, no more than 2 of whom shall be from the same political party;
! 3 members of the senate, appointed by the president of the senate, no more than 2 of whom shall be from the same political party; and
! 5 members appointed by the governor representing prosecutors, public defenders, law enforcement, corrections, and victim's rights and citizens correctional reform groups, no more than 3 of whom shall be from the same political party.
Establishes that terms shall be for 2 years, that the chair and vicechair shall be chosen from the members appointed from the general assembly, and that the committee shall function during both the session and the interim. Provides that nonlegislator members will be reimbursed for necessary expenses and receive $50 per diem for meetings, and members of the general assembly shall be compensated as set forth in section 22307, C.R.S. States that legislative council staff shall assist the CJC.
Provides that the CJC shall study and make recommendations on prison overcrowding, including corrections facilities, balancing confinement with capacity, and other alternatives. States that the CJC may consult with experts in the fields of criminal justice or corrections or with relevant state personnel and prepare legislation for introduction that would be treated similar to interim legislative committee bills.
Authorizes the CJC to apply for, receive, and expend
funding from governmental sources and to apply for, receive, and
expend contributions, grants, services, and inkind donations
from private sources.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 3 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
231501. Criminal justice committee creation expenses staffing. (1) IN ORDER TO GIVE GUIDANCE AND DIRECTION TO THE GENERAL ASSEMBLY IN DEVELOPING APPROACHES TO CRIMINAL JUSTICE AND CORRECTIONS ISSUES AND TO PROVIDE A FORUM FOR INTERAGENCY COORDINATION, COMMUNICATION, AND PLANNING, THERE IS HEREBY CREATED IN THE LEGISLATIVE DEPARTMENT THE CRIMINAL JUSTICE COMMITTEE, REFERRED TO IN THIS PART 15 AS THE "COMMITTEE". THE COMMITTEE SHALL CONSIST OF THE FOLLOWING TWENTY MEMBERS:
(a) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE OF WHOM SHALL BE APPOINTED BY THE HOUSE MINORITY LEADER;
(b) THREE MEMBERS OF THE SENATE, TWO OF WHOM SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SENATE MINORITY LEADER;
(c) ONE REPRESENTATIVE SELECTED BY EACH OF THE FOLLOWING ENTITIES:
(I) THE COLORADO DISTRICT ATTORNEYS COUNCIL;
(II) COLORADO ORGANIZATION OF VICTIMS' ASSISTANCE;
(III) THE OFFICE OF THE STATE PUBLIC DEFENDER;
(IV) COUNTY SHERIFFS OF COLORADO, INC.;
(V) COLORADO ASSOCIATION OF CHIEFS OF POLICE;
(VI) COLORADO COMMUNITY CORRECTIONS BOARDS;
(d) FOUR EX OFFICIO VOTING MEMBERS, AS FOLLOWS:
(I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR HIS OR HER DESIGNEE;
(II) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS OR HIS OR HER DESIGNEE;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES OR HIS OR HER DESIGNEE; AND
(IV) THE CHAIR OF THE STATE PAROLE BOARD OR HIS OR HER DESIGNEE;
(e) THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE;
(f) TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT TO REPRESENT THE INTERESTS OF TRIAL COURTS AND THE PROBATION SYSTEM; AND
(g) ONE MEMBER AS SET FORTH IN SUBSECTION (2) OF THIS SECTION.
(2) THE GOVERNOR SHALL APPOINT A CRIMINAL JUSTICE CITIZENS ADVISORY COUNCIL, WHOSE MEMBERS SHALL BE SELECTED SO AS TO ADEQUATELY REPRESENT THE ENTIRE STATE AND WHOSE MEMBERS SHALL BE DRAWN FROM VARIOUS CITIZEN GROUPS IN THE STATE INVOLVED WITH CRIMINAL JUSTICE, CORRECTIONS, AND REINTEGRATION SERVICES PROVIDERS. THE ADVISORY COUNCIL SHALL CHOOSE ONE OF ITS MEMBERS TO SERVE ON THE COMMITTEE CREATED PURSUANT TO THIS SECTION.
(3) THE MEMBERS OF THE COMMITTEE SHALL SERVE VOLUNTARILY AND SHALL NOT RECEIVE PER DIEM COMPENSATION OR EXPENSE REIMBURSEMENT FOR THEIR SERVICE ON THE COMMITTEE.
(4) THE LEGISLATIVE COUNCIL STAFF SHALL BE MADE AVAILABLE TO ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES PURSUANT TO THIS PART 15.
(5) ALL EXPENDITURES INCURRED IN THE CONDUCT OF THE ACTIVITIES OF THE COMMITTEE UNDER THIS PART 15 SHALL BE APPROVED BY THE CHAIR OF THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL AND PAID BY VOUCHERS AND WARRANTS DRAWN AS PROVIDED BY LAW FROM FUNDS ALLOCATED TO THE LEGISLATIVE COUNCIL FOR LEGISLATIVE STUDIES FROM APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
(6) ADDITIONAL STAFFING AND ASSISTANCE MAY BE PROVIDED TO THE COMMITTEE BY OTHER DEPARTMENTS, AGENCIES, OR POLITICAL SUBDIVISIONS OF THE STATE UPON REQUEST OF THE COMMITTEE AND WITHIN THE EXISTING APPROPRIATIONS OF SUCH DEPARTMENTS, AGENCIES, OR POLITICAL SUBDIVISIONS.
(7) THE STUDY OF THE PAROLE SYSTEM OF THE STATE OF COLORADO CONDUCTED BY THE LEGISLATIVE COUNCIL PURSUANT TO SECTION 17-2-201.5, C.R.S., SHALL BE COMPLETED UNDER THE AUSPICES OF THE CRIMINAL JUSTICE COMMITTEE CREATED BY THIS SECTION.
231502. Criminal justice committee duties. (1) THE COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS CONCERNING THE CRIMINAL JUSTICE SYSTEM AND THE CORRECTIONS SYSTEM, INCLUDING BUT NOT LIMITED TO:
(a) THE EFFICIENCY AND EFFECTIVENESS OF THE CRIMINAL JUSTICE SYSTEM;
(b) THE UNDERLYING CAUSES OF CRIME; AND
(c) EFFECTIVE INTERVENTIONS.
(2) THE COMMITTEE'S FUNCTIONS UNDER THIS SECTION SHALL NOT BE CONSTRUED TO INFRINGE UPON THE JURISDICTION OF ANY STANDING COMMITTEE OF THE GENERAL ASSEMBLY OR ANY DUTIES OF THOSE COMMITTEES UNDER THIS ARTICLE.
231503. Criminal justice committee proposed legislation consultation. (1) (a) THE COMMITTEE MAY PREPARE ANY OR ALL OF ITS RECOMMENDATIONS AS LEGISLATION, AND ANY SUCH LEGISLATION SHALL BE TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE.
(b) IF ANY RECOMMENDATION REQUIRES A STATUTORY CHANGE OR ADDITION, AN AFFIRMATIVE VOTE BY A MAJORITY OF THOSE MEMBERS OF THE COMMITTEE WHO ARE ALSO MEMBERS OF THE GENERAL ASSEMBLY SHALL BE REQUIRED IN ORDER TO AUTHORIZE THE PREPARATION OF ANY RECOMMENDATIONS AS LEGISLATION.
(2) THE COMMITTEE MAY CONSULT WITH EXPERTS IN THE FIELDS OF CRIMINAL JUSTICE OR CORRECTIONS AS MAY BE NECESSARY.
231504. Funding of the committee governmental and private sources permitted. THE COMMITTEE IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND FUNDING FROM GOVERNMENTAL SOURCES FOR THE PURPOSES OF THE COMMITTEE AND IS AUTHORIZED TO APPLY FOR, RECEIVE, AND EXPEND CONTRIBUTIONS, GRANTS, SERVICES, AND INKIND DONATIONS FROM PRIVATE SOURCES FOR SUCH PURPOSES.
2-3-1505. Repeal of part 15. THIS PART 15 IS REPEALED, EFFECTIVE JULY 1, 2003.
SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the legislative department, for the fiscal year beginning July 1, 1998, the sum of thirteen thousand three hundred fifty-three dollars ($13,353) and 0.4 FTE, or so much thereof as may be necessary, for the implementation of this act. Of said sum, eight thousand seven hundred fifty-six dollars ($8,756) and 0.3 FTE is for allocation to the office of legislative council and four thousand five hundred ninety-seven dollars ($4,597) and 0.1 FTE is for allocation to the office of legislative legal services.
SECTION 3. Effective date. This act shall take effect July 1, 1998.
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.