Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING SENTENCING CONSIDERATIONS FOR CERTAIN SERIOUS OFFENDERS.

Summary of Assessment

            The bill requires the probation department to include a juvenile's prior criminal record in a juvenile presentence investigation for certain juvenile sex offenders. The bill directs the juvenile sentencing court to take into consideration the juvenile's prior record when determining proper sentencing for the juvenile.

            In cases where a defendant is being sentenced as an adult for a conviction of certain sex offenses, the bill directs the adult presentence investigation report to include the defendant's prior juvenile record. Further, the bill directs the sentencing court to consider the juvenile's prior record when determining sentencing alternatives. The bill authorizes the adult probation department to prepare a presentence report on a defendant who is convicted of certain sex offenses. For purposes of the report, the bill authorizes the probation department to have access to court juvenile delinquency records.

            The bill will take effect July 1, 1999 and applies to offenses committed on or after that date.

            Currently, the probation department conducts a presentence investigation on juveniles sentenced in a juvenile court or in an adult court. The bill adds one more piece of information to the presentence report that would be available to the probation department in the course of investigating the other areas (i.e. demographics, family history, substance use history, etc.) contained in the report. Additionally, the bill allows the courts to have more information when determining a proper sentence for a juvenile sex offender. One sentencing option is for a juvenile to serve time incarcerated in the Department of Corrections. However, the number of juvenile admissions to the DOC are very low. In FY 1997-98, there were only 6 juvenile sex offenders ordered by the court to serve their time in prison. It is anticipated that there will not be any increases in prison admissions of juvenile sex offenders to the DOC. Therefore, the bill is assessed as having no fiscal impact on state revenues or expenditures, or units of local government.

Departments Contacted

            Alternate Defense Counsel     Corrections     Human Services         Judicial           Law

            State Public Defender