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Second Regular Session
Sixty-first General Assembly
LLS NO. 980371.01 JBB
SENATE BILL 98060
STATE OF COLORADO
BY SENATOR Martinez
A BILL FOR AN ACT
CONCERNING LIMITATIONS ON THE EXPANSION OF PRISONS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
After July 1, 1998, requires that a bill or amendment to a bill that would appropriate moneys for a new prison or an expansion of an existing prison:
Authorizes state prisoners over the age of 55 and state prisoners who have never been convicted of or pleaded guilty to specified violent offenses to be credited with emergency earned time. Whenever prison populations exceed capacity for 30 consecutive days, directs the executive director of the department of corrections to declare an emergency. If an emergency has been declared, authorizes the parole board to reduce the sentence of any state prisoner by the amount of emergency earned time credited to that prisoner.
If an emergency has been declared due to prison populations,
prohibits the parole board from reincarcerating a parolee in a
statesupervised prison for a violation of parole that does
not constitute a crime.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares:
(a) The number of offenders incarcerated in prisons in the state has increased by over three hundred and fifteen percent since 1980. In the four years after 1992, the inmate population increased by over thirty percent. It is estimated that inmate population will increase between the years 1997 and 2000 by an additional twentyfive percent.
(b) The increased cost to the state for incarcerating so many persons is staggering. Since 1980, general fund appropriations to the department of corrections have increased by over six hundred seventyfive percent. In the four years after 1992, general fund appropriations for the department of corrections have increased by over sixtytwo percent.
(c) The answer to the problem of crime in Colorado is not merely building more prisons and spending a greater percentage of the state's revenues on putting people behind bars.
(d) The intent of this legislation is to limit prison population to the number of beds currently used plus any that have been completely funded as of June 30, 1998. Before any more moneys are appropriated for building more prisons or expanding current prisons, consideration should be given to providing money for other methods of dealing with crime.
SECTION 2. Part 7 of article 2 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
22704. General assembly bills regarding increasing the number of prison beds. (1) ON OR AFTER JULY 1, 1998, ANY BILL OR AMENDMENT TO A BILL THAT IS INTRODUCED AT ANY SESSION OF THE GENERAL ASSEMBLY THAT PROPOSES AN APPROPRIATION FOR CONSTRUCTING A NEW PRISON OR EXPANDING A CURRENT PRISON UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS SHALL BE REVIEWED BY THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL FOR THE PURPOSE OF PROVIDING INFORMATION TO THE GENERAL ASSEMBLY ON THE LONGTERM FISCAL IMPACT THAT MAY RESULT FROM THE PASSAGE OF THE BILL, INCLUDING THE INCREASED CAPITAL CONSTRUCTION COSTS AND INCREASED OPERATING COSTS FOR THE FIRST FIVE FISCAL YEARS AFTER THE CONSTRUCTION OR EXPANSION IS COMPLETED.
(2) (a) ON OR AFTER JULY 1, 1998, ANY BILL THAT IS INTRODUCED INTO EITHER HOUSE OF THE GENERAL ASSEMBLY TO PROPOSE AN APPROPRIATION FOR CONSTRUCTING A NEW PRISON OR EXPANDING A CURRENT PRISON UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS SHALL BE ASSIGNED TO THE CAPITAL DEVELOPMENT COMMITTEE ESTABLISHED IN SECTION 231302. THE CAPITAL DEVELOPMENT COMMITTEE SHALL ACT AS THE FIRST COMMITTEE OF REFERENCE FOR ANY BILLS SUBJECT TO THIS PARAGRAPH (a). NOTHING IN THIS PARAGRAPH (a) SHALL PRECLUDE THE ASSIGNMENT OF A BILL TO ANY OTHER COMMITTEE OF REFERENCE IN ADDITION TO THE CAPITAL DEVELOPMENT COMMITTEE.
(b) ON OR AFTER JULY 1, 1998, IF ANY AMENDMENT IS INTRODUCED INTO EITHER HOUSE OF THE GENERAL ASSEMBLY TO PROPOSE AN APPROPRIATION FOR CONSTRUCTING A NEW PRISON OR EXPANDING A CURRENT PRISON UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS AND THE BILL HAS NOT PREVIOUSLY BEEN CONSIDERED BY THE CAPITAL DEVELOPMENT COMMITTEE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), PRIOR TO ADOPTION ON SECOND READING, THE BILL SHALL BE REFERRED TO THE CAPITAL DEVELOPMENT COMMITTEE. THE CAPITAL DEVELOPMENT COMMITTEE SHALL ACT AS A COMMITTEE OF REFERENCE FOR SUCH BILL.
(3) ON OR AFTER JULY 1, 1998, NO BILL SHALL BE PASSED BY THE GENERAL ASSEMBLY THAT WOULD MAKE AN APPROPRIATION TO CONSTRUCT A NEW PRISON OR TO EXPAND AN EXISTING PRISON UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS UNLESS WITHIN THE BILL THERE IS AN APPROPRIATION FOR THE FISCAL YEAR BEGINNING ON THE NEXT JULY 1 INTO THE CORRECTIONS EXPANSION RESERVE FUND ESTABLISHED IN SECTION 171116, C.R.S., TO COVER THE ANTICIPATED CONSTRUCTION COSTS PLUS ANY INCREASED OPERATIONAL EXPENSES FOR THE FIRST FIVE FISCAL YEARS AFTER THE CONSTRUCTION OR EXPANSION IS COMPLETED.
SECTION 3. 171116, Colorado Revised Statutes, is amended to read:
171116. Corrections expansion reserve
fund. There is hereby created in the
state treasury the corrections expansion reserve fund. Moneys
in the fund shall be subject to annual appropriation by the general
assembly for the purpose of complying with the provisions of
SECTIONS 22703 AND 22704 (3),C.R.S., which
requires THAT REQUIRE that any bill
THAT results in a net increase in periods of imprisonment in state
correctional facilities OR PROVIDES AN APPROPRIATION FOR CONSTRUCTION
OF A NEW PRISON OR EXPANSION OF AN EXISTING PRISON provide for
the funding of any increased capital construction costs or increased
operating costs associated therewith. Any unexpended or unencumbered
moneys remaining in the fund at the end of any fiscal year shall
remain in the fund and shall not revert to or be transferred to
the general fund or any other fund of the state.
SECTION 4. Article 22.5 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
EMERGENCY EARNED TIME CREDIT
1722.5501. Legislative declaration. IN ENACTING THIS PART 5, THE GENERAL ASSEMBLY INTENDS THAT, WHENEVER PRISON POPULATIONS REACH CAPACITY, THE PAROLE BOARD MAY ALLOW THE EARLY RELEASE OF NONVIOLENT OFFENDERS AND AGED OFFENDERS WHO POSE THE SMALLEST RISK TO THE PEOPLE OF THIS STATE.
1722.5502. Definitions. AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "AGED OFFENDER" MEANS A STATE PRISONER OVER FIFTYFIVE YEARS OF AGE.
(2) "NONVIOLENT OFFENDER" MEANS A STATE PRISONER WHO HAS NEVER BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OF THE FOLLOWING OFFENSES:
(a) MURDER IN THE FIRST OR SECOND DEGREE, AS DEFINED IN SECTIONS 183102, 183103, AND 183107, C.R.S.;
(b) MANSLAUGHTER, AS DEFINED IN SECTION 183104, C.R.S.;
(c) CRIMINALLY NEGLIGENT HOMICIDE, AS DEFINED IN SECTION 183105, C.R.S.;
(d) VEHICULAR HOMICIDE, AS DEFINED IN SECTION 183106, C.R.S.;
(e) ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE, AS DEFINED IN SECTIONS 183202, 183203, AND 183204, C.R.S.;
(f) VEHICULAR ASSAULT, AS DEFINED IN SECTION 183205, C.R.S.;
(g) MENACING, AS DEFINED IN SECTION 183206, C.R.S.;
(h) CRIMINAL EXTORTION, AS DEFINED IN SECTION 183207, C.R.S.;
(i) KIDNAPING IN THE FIRST OR SECOND DEGREE, AS DEFINED IN SECTIONS 183301 AND 183302, C.R.S.;
(j) SEXUAL ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE, AS DEFINED IN SECTIONS 183402, 183403, AND 183404, C.R.S.;
(k) SEXUAL ASSAULT ON A CHILD, AS DEFINED IN SECTIONS 183405 AND 183405.3, C.R.S.;
(l) ARSON IN THE FIRST, SECOND, OR THIRD DEGREE, AS DEFINED IN SECTIONS 184102, 184103, AND 184104, C.R.S.;
(m) BURGLARY IN THE FIRST OR SECOND DEGREE, AS DEFINED IN SECTIONS 184202 AND 184203, C.R.S.;
(n) ROBBERY, AS DEFINED IN SECTION 184301, C.R.S.;
(o) AGGRAVATED ROBBERY OR AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES, AS DEFINED IN SECTIONS 184302 AND 184303, C.R.S.;
(p) CHILD ABUSE, AS DEFINED IN SECTION 186101, C.R.S.;
(q) CRIMINAL ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT ANY OF THE OFFENSES SPECIFIED IN PARAGRAPHS (a) TO (p) OF THIS SUBSECTION (2); OR
(r) AN OFFENSE COMMITTED IN ANOTHER STATE THAT IF COMMITTED IN THE STATE OF COLORADO WOULD CONSTITUTE ANY OF THE OFFENSES SPECIFIED IN PARAGRAPHS (a) TO (q) OF THIS SUBSECTION (2).
(3) "PAROLE BOARD" MEANS THE STATE BOARD OF PAROLE CREATED IN SECTION 172201.
1722.5503. Emergency earned time. (1) IN ADDITION TO GOOD TIME CREDIT ALLOWABLE UNDER SECTION 1722.5201 OR 1722.5301 AND EARNED TIME AUTHORIZED UNDER SECTION 1722.5302, EACH AGED OFFENDER OR NONVIOLENT OFFENDER MAY BE CREDITED WITH EMERGENCY EARNED TIME, NOT TO EXCEED THIRTY DAYS FOR EVERY SIX MONTHS INCARCERATION, IF THE OFFENDER DEMONSTRATES TO THE DEPARTMENT THAT THE OFFENDER HAS MADE SUBSTANTIAL AND CONSISTENT PROGRESS IN EACH OF THE FOLLOWING CATEGORIES:
(a) WORK AND TRAINING, INCLUDING ATTENDANCE, PROMPTNESS, PERFORMANCE, COOPERATION, CARE OF MATERIALS, AND SAFETY;
(b) GROUP LIVING, INCLUDING HOUSEKEEPING, PERSONAL HYGIENE, COOPERATION, SOCIAL ADJUSTMENT, AND DOUBLE BUNKING;
(c) PARTICIPATION IN COUNSELING SESSIONS AND INVOLVEMENT IN SELFHELP GROUPS; AND
(d) PROGRESS TOWARD THE GOALS AND PROGRAMS ESTABLISHED BY THE COLORADO DIAGNOSTIC PROGRAM.
(2) AN OFFENDER WHO IS BOTH A NONVIOLENT OFFENDER AND AN AGED OFFENDER SHALL ONLY BE CREDITED WITH UP TO THIRTY DAYS EMERGENCY EARNED TIME FOR EVERY SIX MONTHS OF INCARCERATION.
1722.5504. Declaration of emergency. (1) IF THE TOTAL POPULATION OF STATE PRISONERS IN COLORADO EXCEEDS THE CAPACITY OF ALL PRISONS UNDER THE SUPERVISION OF THE DEPARTMENT FOR THIRTY CONSECUTIVE DAYS, THE EXECUTIVE DIRECTOR SHALL IMMEDIATELY DECLARE AN EMERGENCY AND NOTIFY THE CHAIRPERSON OF THE PAROLE BOARD AND MEMBERS OF THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY. AFTER A DECLARATION OF EMERGENCY UNDER THIS SUBSECTION (1), ONCE THE POPULATION OF STATE PRISONERS IS REDUCED TO NINETYFIVE PERCENT OF THE PRISON CAPACITY UNDER THE SUPERVISION OF THE DEPARTMENT, THE EXECUTIVE DIRECTOR SHALL DECLARE THAT THE EMERGENCY NO LONGER EXISTS.
(2) IF AN EMERGENCY HAS BEEN DECLARED PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE PAROLE BOARD MAY DEDUCT FROM THE SENTENCE IMPOSED EMERGENCY EARNED TIME PURSUANT TO SECTION 1722.5503 WHEN DETERMINING ELIGIBILITY FOR PAROLE UNDER SECTION 1722.5403 (1).
(3) NOTHING IN THIS PART 5 SHALL BE INTERPRETED AS ENTITLING ANY OFFENDER TO PAROLE.
SECTION 5. 1722.5403 (1), Colorado Revised Statutes, is amended to read:
1722.5403. Parole eligibility.
(1) Any person sentenced for a class 2, class 3, class
4, class 5, or class 6 felony, or any unclassified felony, shall
be eligible for parole after such person has served fifty percent
of the sentence imposed upon such person, less any time authorized
for earned time granted pursuant to section 1722.5405,
AND, IF AN EMERGENCY DECLARED PURSUANT TO SECTION 1722.5504
(1) IS IN EFFECT, LESS EMERGENCY EARNED TIME GRANTED PURSUANT
TO SECTION 1722.5503. However, the date established
by this subsection (1) upon which any person shall be eligible
for parole may be extended by the executive director for misconduct
during incarceration. The executive director shall promulgate
concerning when and under what conditions any inmate's parole
eligibility date may be extended. Such rules and
regulations shall be promulgated
in such a manner as to promote fairness and consistency in the
treatment of all inmates.
SECTION 6. The introductory portion to 172103 (11) (b) (II), Colorado Revised Statutes, is amended, and the said 172103 (11) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
172103. Arrest of parolee revocation proceedings. (11) (b) (II) If the board determines that the parolee has violated any condition of parole other than commission of a crime, AND NO DECLARATION OF EMERGENCY PURSUANT TO SECTION 1722.5504 IS IN EFFECT, the board may:
(III) IF THE BOARD DETERMINES THAT THE PAROLEE HAS VIOLATED ANY CONDITION OF PAROLE OTHER THAN COMMISSION OF A CRIME AND A DECLARATION OF EMERGENCY PURSUANT TO SECTION 1722.5504 IS IN EFFECT, THE BOARD MAY:
(A) REVOKE PAROLE FOR A PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY DAYS AND REQUEST THE SHERIFF OF THE COUNTY IN WHICH THE HEARING IS HELD TO TRANSPORT THE PAROLEE TO A COMMUNITY CORRECTIONS PROGRAM PURSUANT TO SECTION 1727105 (3); OR
(B) REVOKE PAROLE FOR A PERIOD NOT TO EXCEED NINETY DAYS AND REQUEST THE SHERIFF OF THE COUNTY IN WHICH THE HEARING IS HELD TO TRANSPORT THE PAROLEE TO THE COUNTY JAIL OF SUCH COUNTY.
SECTION 7. Effective date. This act shall take effect July 1, 1998.
SECTION 8. 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.