First Regular Session
Sixty-second General Assembly
LLS NO. 99-0318.01 Jerry Barry SENATE BILL 99-016
STATE OF COLORADO
BY SENATOR Martinez
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE CONFINEMENT OF AGED PERSONS IN CORRECTIONAL
102 FACILITIES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Unless the person is convicted of a class 1 felony, of a crime of
violence, as a sex offender, or as an habitual offender, prohibits courts
from sentencing persons 65 years of age and older to the department of
corrections, and directs courts to impose alternative sentences on such
persons.
Directs the chairperson of the parole board to adopt expedited
parole procedures for inmates 65 years of age and older. Authorizes
inmates 65 years of age and older who were not convicted of a class 1
felony, of a crime of violence, as a sex offender, or as an habitual
offender to be eligible for the expedited parole procedures. During the
expedited procedure, directs the parole board to consider the inmate's age
and whether the inmate would be a danger to the community if granted
parole. Allows the aged inmate to reapply for parole every 6 months
following a denial through the expedited procedure.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 3 of article 11 of title 16, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 16-11-313. Alternative sentences for the aged. (1) AS USED IN
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "AGED
2 OFFENDER" MEANS A PERSON CONVICTED OF A CRIMINAL OFFENSE WHO IS
3 SIXTY-FIVE YEARS OF AGE OR OLDER; EXCEPT THAT "AGED OFFENDER"
4 DOES NOT INCLUDE A PERSON WHO HAS BEEN CONVICTED OF A CLASS 1
5 FELONY, A CRIME OF VIOLENCE AS DEFINED IN SECTION 16-11-309 (2), AS
6 A SEX OFFENDER AS DEFINED IN SECTION 16-13-803 (4), OR AS AN
7 HABITUAL CRIMINAL AS DEFINED IN SECTION 16-13-101.
8 (2) ON AND AFTER JULY 1, 1999, THE COURT SHALL NOT SENTENCE
9 AN AGED OFFENDER TO THE DEPARTMENT OF CORRECTIONS BUT SHALL
10 IMPOSE ON THE AGED OFFENDER AN ALTERNATIVE SENTENCE PURSUANT TO
11 SECTION 16-11-101.
12 SECTION 2. 17-2-201 (3) (a), Colorado Revised Statutes, is
13 amended to read:
14 17-2-201. State board of parole. (3) The chairperson, in
15 addition to other provisions of law, has the following powers and duties:
16 (a) To promulgate rules and regulations governing the granting
17 and revocation of parole from correctional facilities where adult offenders
18 are confined and the fixing of terms of parole and release dates AND TO
19 PROMULGATE RULES GOVERNING AN EXPEDITED PROCEDURE PURSUANT TO
20 SECTION 17-22.5-403.5 FOR THE GRANTING OF PAROLE FOR AGED INMATES.
21 All rules and regulations governing the granting and revocation of parole
22 promulgated by the chairperson shall be subject to the approval of a
23 majority of the board and shall be promulgated pursuant to the provisions
24 of section 24-4-103, C.R.S.
25 SECTION 3. Part 4 of article 22.5 of title 17, Colorado Revised
26 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
Page 3
1 read:
2 17-22.5-403.5. Parole eligibility - guidelines - aged inmates.
3 (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
4 REQUIRES, "AGED OFFENDER" MEANS A PERSON IN THE CUSTODY OF THE
5 DEPARTMENT WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER; EXCEPT THAT
6 "AGED OFFENDER" DOES NOT INCLUDE A PERSON WHO HAS BEEN
7 CONVICTED OF A CLASS 1 FELONY, A CRIME OF VIOLENCE AS DEFINED IN
8 SECTION 16-11-309 (2), C.R.S., AS A SEX OFFENDER AS DEFINED IN
9 SECTION 16-13-803 (4), C.R.S., OR AS AN HABITUAL CRIMINAL AS
10 DESCRIBED IN SECTION 16-13-101, C.R.S.
11 (2) ANY PROVISION OF LAW TO THE CONTRARY
12 NOTWITHSTANDING, AN AGED OFFENDER MAY BE ELIGIBLE FOR PAROLE
13 PURSUANT TO THIS SECTION IF THE AGED OFFENDER HAS SERVED AT LEAST
14 FIFTY PERCENT OF THE SENTENCE IMPOSED ON SUCH PERSON, LESS ANY
15 TIME AUTHORIZED FOR GOOD TIME CREDIT, GOOD TIME, OR EARNED TIME
16 GRANTED PURSUANT TO THIS ARTICLE. THE APPLICATION FOR PAROLE
17 SHALL BE MADE IN ACCORDANCE WITH THE EXPEDITED PROCEDURE
18 ADOPTED BY THE CHAIRPERSON IN ACCORDANCE WITH SECTION 17-2-201
19 (3) (a).
20 (3) DURING THE EXPEDITED PROCEDURE, IN ADDITION TO THE
21 PAROLE GUIDELINES LISTED IN SECTION 17-22.5-404, THE PAROLE BOARD
22 SHALL CONSIDER THE AGE OF THE AGED OFFENDER AND WHETHER THE
23 AGED OFFENDER WOULD BE A DANGER TO THE COMMUNITY IF GRANTED
24 PAROLE.
25 (4) AN AGED OFFENDER WHO IS DENIED PAROLE SHALL BE
26 ALLOWED TO REAPPLY FOR PAROLE EVERY SIX MONTHS AFTER A DENIAL.
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1 (5) THIS SECTION SHALL APPLY TO ANY INMATE SENTENCED ON,
2 BEFORE, AND AFTER JULY 1, 1999.
3 SECTION 4. Effective date - applicability. This act shall take
4 effect upon passage and shall apply to sentences imposed and parole
5 applications made on or after said date.
6 SECTION 5. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.