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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0638.01 MN SENATE BILL 98­135

STATE OF COLORADO

BY SENATOR Tanner;

also REPRESENTATIVE Chavez.

JUDICIARY

A BILL FOR AN ACT

CONCERNING ALLOCATION OF A PORTION OF THE DEPARTMENT OF CORRECTIONS' BUDGET TO CRIME PREVENTION PROGRAMS.

Bill Summary

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

Requires that 10% of the total general fund appropriation to the department of corrections be allocated to crime prevention and intervention programs.

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

SECTION 1.  17­1­103 (1) (b), Colorado Revised Statutes, is amended to read:

17­1­103.  Duties of the executive director. (1)  The duties of the executive director shall be:

(b)  To supervise the business, fiscal, budget, personnel, and financial operations of the department and the institutions and activities under his OR HER control, AND, IN CONNECTION THEREWITH, TO ENSURE THAT AT LEAST TEN PERCENT OF THE ANNUAL GENERAL FUND APPROPRIATION TO THE DEPARTMENT BE ALLOCATED TO CRIME PREVENTION AND INTERVENTION PROGRAMS AS SET FORTH IN SECTION 17­1­104.9;

SECTION 2.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­104.9.  Programmatic priorities ­ legislative declaration. (1) (a)  THE GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES THAT THE COSTS OF OPERATING AND MAINTAINING THE STATE'S CORRECTIONAL INSTITUTIONS HAVE STEADILY INCREASED OVER THE PAST FIVE YEARS. MOREOVER, THE STATE HAS LIMITED RESOURCES WITH WHICH TO PAY FOR THE INCREASING COSTS OF OPERATING AND MAINTAINING ITS PRISONS.

(b)  THE GENERAL ASSEMBLY RECOGNIZES THAT NATIONAL STUDIES CONCLUSIVELY DEMONSTRATE A STRONG CONNECTION BETWEEN DRUG AND ALCOHOL DEPENDENCY AND CRIMINAL BEHAVIOR. THE GENERAL ASSEMBLY FURTHER FINDS AND DETERMINES THAT THIS CONNECTION, AS WELL AS OTHER PATTERNS OF BEHAVIOR THAT MAY BE RELATED TO CRIMINAL RECIDIVISM, MILITATE STRONGLY IN FAVOR OF ENHANCED COUNSELING AND PREVENTION PROGRAMS FOR INMATES IN STATE INSTITUTIONS.

(2)  TO REDUCE RECIDIVISM AND TO ENHANCE THE LIKELIHOOD OF RESTORING INMATES TO A LEVEL OF PRODUCTIVE INDEPENDENCE, THE GENERAL ASSEMBLY DIRECTS THAT THE DEPARTMENT SHALL ALLOCATE AT LEAST TEN PERCENT OF ITS ANNUAL GENERAL FUND APPROPRIATION TO CRIME PREVENTION AND INTERVENTION PROGRAMS FOR INMATES AS SUCH PROGRAMS ARE DEFINED IN SUBSECTION (3) OF THIS SECTION.

(3)  AS USED IN THIS SECTION, A "CRIME PREVENTION AND INTERVENTION PROGRAM" MEANS ANY ONE OF THE FOLLOWING:

(a)  EDUCATION PROGRAMS;

(b)  DRUG AND ALCOHOL TREATMENT PROGRAMS;

(c)  SEX OFFENDER TREATMENT PROGRAMS;

(d)  MENTAL HEALTH TREATMENT PROGRAMS; OR

(e)  INTENSIVE SUPERVISION PROGRAMS.

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.