Second Regular Session
Sixty-first General Assembly
LLS NO. R980936.01 JBB
STATE OF COLORADO
BY SENATOR Rupert;
also REPRESENTATIVE Romero.
JUDICIARY
SENATE JOINT RESOLUTION 98-032
CONCERNING AN INTERIM COMMITTEE TO STUDY TRUTH IN
SENTENCING IN COLORADO.
WHEREAS, Under the current system of criminal sentencing,
judges, district attorneys, defense attorneys, victims, and offenders
have no way of knowing at the time of sentencing how long an offender
will be incarcerated, and this uncertainty reduces public confidence
in the judicial system; and
WHEREAS, Under the current law, many people believe
that an offender may be eligible for parole after the offender
has served fifty percent of the original sentence; however, eligibility
for parole does not mean the offender is released, and even model
offenders often are not released after serving fifty percent of
the sentence; and
WHEREAS, "Truth in sentencing" means that
each offender must serve a specified percentage of his or her
sentence in prison without a chance for earlier release, with
the remaining portion of the sentence to be used for specific
behavioral incentives while the offender is in prison; and
WHEREAS, Truth in sentencing is good public policy
for the state of Colorado because it allows the people of Colorado
to participate meaningfully in the public policy debate regarding
the length of time a person should serve in prison for any given
crime; and
WHEREAS, Truth in sentencing would give victims the
assurance that when the perpetrator of a crime is sentenced, he
or she will actually serve the sentence imposed and it would give
judges certain knowledge of how long a perpetrator found guilty
of a crime will serve; and
WHEREAS, Truth in sentencing gives offenders a time
certain that they will have to serve and measurable behavioral
incentives while they are in prison; and
WHEREAS, The General Assembly hereby declares the
need for a study of Colorado sentencing provisions to recommend
to the General Assembly a method by which truth in sentencing
may be obtained without a fiscal impact on the state and without
a net increase in the sentence actually served for any offense;
now, therefore,
Be It Resolved by the Senate of the Sixtyfirst
General Assembly of the State of Colorado, the House of Representatives
concurring herein:
(1) That there is hereby created an interim
committee to work through the 1998 interim to study truth in sentencing
in Colorado. The interim committee may consider, but need not
be limited to, the following issues:
(a) The appropriate percentage of an offender's
prison sentence that the offender should be required to spend
in prison;
(b) The criteria for reducing an offender's
time in prison; and
(c) The appropriate length of sentence
for each level of offense so that future offenders would serve
the required specified percentage of their prison sentence in
prison without a net increase in the average length of incarceration
or a net increase in funding for the department of corrections.
(2) That the interim committee shall consist
of eleven members. The President, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the Governor
shall appoint the members of the committee no later than thirty
days after passage of this Joint Resolution, as follows:
(a) The President of the Senate shall
appoint two senators to serve on the interim committee, one of
whom shall be named chair of the interim committee, and the Minority
Leader of the Senate shall appoint one senator to serve on the
interim committee;
(b) The Speaker of the House of Representatives
shall appoint three representatives to serve on the interim committee,
one of whom shall be named vicechair of the committee and
no more than two of whom are members of the same political party;
(c) The Governor shall appoint five individuals
to serve on the interim committee, no more than three of whom
are members of the same political party, with at least one member
representing each of the following groups:
(I) Trial court judges;
(II) District attorneys;
(III) Criminal defense attorneys;
(IV) The parole board; and
(V) Reintegration service providers.
(3) That the interim committee is encouraged
to consult with advisory groups consisting of representatives
of victims' advocates, law enforcement, the department of corrections,
community corrections, families of inmates, and former inmates
in conducting its studies.
(4) That the interim committee shall make
findings and recommendations regarding the issues reviewed in
this study, including but not limited to any necessary legislation,
and shall submit a written report on the interim committee's findings
and recommendations to the General Assembly no later than October
15, 1998. Legislation recommended by the interim committee shall
be treated as legislation recommended by any other interim committee
for purposes of any introduction deadlines or bill limitations
imposed by the joint rules of the Senate and the House of Representatives.
(5) That the interim committee shall meet
at least three times to fulfill its responsibilities in this study.
(6) That the members of the interim committee
who are members of the General Assembly shall be compensated as
provided in section 22307, Colorado Revised Statutes,
and members of the interim committee who are not members of the
General Assembly shall be reimbursed for their necessary expenses
for attendance at meetings of the interim committee.
(7) That the Legislative Council staff
and the Office of Legislative Legal Services shall be made available
to assist the interim committee in carrying out its duties. All
personnel of the department of corrections shall cooperate with
the interim committee and with any persons assisting the interim
committee in carrying out its duties.
(8) That all expenditures incurred while
conducting this study shall be approved by the chair of the Legislative
Council and paid by vouchers and warrants drawn as provided by
law from moneys allocated to the Legislative Council for legislative
studies from appropriations made by the General Assembly.
Amendment No. 1, by Senator Rupert Amend printed joint resolution, page 3, strike lines 32 through 34 and substitute the following: Avouchers and warrants drawn as provided by law from moneys appropriated to the legislative department pursuant to Senate Bill 98-194. (9) That this joint resolution shall only be implemented if Senate Bill 98-194 becomes law and if Senate Bill 98-194, as enacted, includes an appropriation to the legislative department for the purpose of implementing this joint resolution.".