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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

JUDICIARY

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON THE EXPANSION OF PRISONS.

Bill Summary

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

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:

• Be referred to the director of research of the legislative council for an analysis of the capital construction costs and operating costs during the 5 fiscal years after construction is completed;
• Be referred to the capital development committee that shall act as a committee of reference; and
• Contain a current appropriation to pay for all anticipated construction costs and operational costs for the 5 fiscal years after construction is completed.

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 section SECTIONS 2­2­703 AND 2­2­704 (3),C.R.S., which requires THAT REQUIRE that any bill which 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:

PART 5

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 rules and regulations 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.