First Regular Session
Sixty-second General Assembly
LLS NO. 99-0024.01 Julie Pelegrin SENATE BILL 99-061
STATE OF COLORADO
BY SENATOR Anderson;
also REPRESENTATIVE Kaufman.
REREVISED
JUDICIARY
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING PAROLE OF PERSONS SENTENCED TO THE DEPARTMENT OF
102 CORRECTIONS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Adds one citizen member to the state board of parole, effective
July 1, 1999. Deletes the ability of the chairperson of the state board of
parole to contract with an administrative law judge to conduct parole
revocation hearings. Authorizes the chairperson of the state board of
parole to contract with qualified persons, subject to the governor's
approval, to act as administrative hearing officers for parole release
hearings for certain inmates. Requires a parole board member to approve
any recommendation made by an administrative hearing officer before it
is implemented. Requires parole release hearings for specified inmates
to be conducted by at least one parole board member. Makes the decision
of the parole board member subject to review and approval by 3 parole
board members. Identifies the chairperson of the board of parole as the
person deciding appeals in all parole release hearings. Allows a parole
board member to request review of a release decision by the full parole
board, in accordance with parole board rules.
Instructs the division of criminal justice in the department of
public safety to work with the department of corrections and the parole
board to develop parole revocation guidelines. Requires the Colorado
commission on parole guidelines to approve the parole revocation
guidelines. Transfers the chairmanship of the Colorado commission on
parole guidelines from the attorney general to the executive director of
the department of public safety. Makes conforming amendments.
Authorizes the executive director of the department of corrections
[ ] 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
to enter into an agreement with a private entity to operate a 400-bed
facility in the Denver metropolitan area to house parolees who are in
custody awaiting revocation proceedings, parolees whose parole has been
modified or revoked, and parolees who are awaiting placement in
community corrections facilities.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 17-2-201 (1) (a), Colorado Revised Statutes, is
3 amended, and the said 17-2-201 (1) is further amended BY THE
4 ADDITION OF A NEW PARAGRAPH, to read:
5 17-2-201. State board of parole. (1) (a) There is hereby created
6 a state board of parole, referred to in this part 2 as the "board", which
7 shall consist of seven EIGHT members. The members of the board shall
8 be appointed by the governor and confirmed by the senate, and they shall
9 devote their full time to their duties as members of such board. The
10 governor may remove a board member for incompetency, neglect of duty,
11 malfeasance in office, continued failure to use the risk assessment
12 guidelines as required by section 17-22.5-404, or failure to regularly
13 attend meetings as determined by the governor. Final conviction of a
14 felony during the term of office of a board member shall automatically
15 result in the disqualification of the member from further service on the
16 board. The board shall be composed of two representatives from law
17 enforcement, one former parole or probation officer, and four FIVE citizen
18 representatives. The members of the board shall have knowledge of
19 parole, rehabilitation, correctional administration, the functioning of the
20 criminal justice system, and the issues associated with victims of crime.
21 The three designated members of the board shall each have at least five
22 years' education or experience, or a combination thereof, in their
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1 respective fields. No person who has been convicted of a felony or of a
2 misdemeanor involving moral turpitude or who has any financial interests
3 which conflict with the duties of a member of the parole board shall be
4 eligible for appointment.
5 (c.5) THE PAROLE BOARD IN EXISTENCE PRIOR TO JULY 1, {2000,}
6 SHALL BE EXPANDED TO EIGHT MEMBERS ON JULY 1, {2000.} THE
7 GOVERNOR SHALL APPOINT A CITIZEN REPRESENTATIVE TO THE BOARD FOR
8 A TERM OF THREE YEARS TO EXPIRE ON JULY 30, {2003.} THEREAFTER, SUCH
9 MEMBER SHALL BE APPOINTED FOR A TERM OF THREE YEARS AND SHALL
10 SERVE NO MORE THAN TWO CONSECUTIVE THREE-YEAR TERMS AFTER THE
11 INITIAL TERM.
12 [ ]
13 [
14
15 ] SECTION [2.] Part 1 of article 2 of title 17, Colorado Revised
16 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
17 read:
18 17-2-103.7. Parole revocation guidelines. (1) THE GENERAL
19 ASSEMBLY HEREBY FINDS THAT THERE IS A NEED FOR GUIDELINES
20 CONCERNING THE CIRCUMSTANCES UNDER WHICH THE STATE BOARD OF
21 PAROLE MAY REVOKE PAROLE IN ORDER TO ENSURE CONSISTENCY
22 BETWEEN RECOMMENDATIONS MADE BY PAROLE OFFICERS AND
23 REVOCATION DECISIONS MADE BY THE STATE BOARD OF PAROLE.
24 (2) THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF
25 PUBLIC SAFETY SHALL WORK WITH THE DEPARTMENT OF CORRECTIONS
26 AND THE STATE BOARD OF PAROLE TO DEVELOP GUIDELINES TO ASSIST THE
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1 STATE BOARD OF PAROLE IN DETERMINING WHETHER TO REVOKE A
2 PAROLEE'S PAROLE, TO CONTINUE THE PAROLE IN EFFECT, OR TO MODIFY
3 THE CONDITIONS OF PAROLE FOLLOWING A PAROLE REVOCATION HEARING
4 HELD PURSUANT TO SECTION 17-2-103. THE PAROLE REVOCATION
5 GUIDELINES SHALL SPECIFICALLY ADDRESS THE RANGE OF INTERMEDIATE
6 SANCTIONS AVAILABLE IN CONSIDERING PAROLE REVOCATION AND THE
7 FACTORS TO BE TAKEN INTO CONSIDERATION IN DETERMINING WHETHER
8 TO IMPOSE INTERMEDIATE SANCTIONS OR TO REVOKE PAROLE. THE
9 PAROLE REVOCATION GUIDELINES SHALL BE SUBJECT TO APPROVAL BY THE
10 COLORADO COMMISSION ON PAROLE GUIDELINES CREATED IN SECTION
11 17-22.5-404 (7). {
12 }
13 (3) THE DIVISION OF CRIMINAL JUSTICE, THE DEPARTMENT OF
14 CORRECTIONS, AND THE STATE BOARD OF PAROLE SHALL COOPERATE TO
15 DEVELOP FORMS CONTAINING THE PAROLE REVOCATION GUIDELINES
16 WHICH SHALL BE PUBLISHED AS OFFICIAL FORMS OF THE DEPARTMENT OF
17 CORRECTIONS.
18 SECTION [3.] 17-22.5-404 (7) (a), Colorado Revised Statutes, is
19 amended, and the said 17-22.5-404 (7) is further amended BY THE
20 ADDITION OF A NEW PARAGRAPH, to read:
21 17-22.5-404. Parole guidelines. (7) (a) There is hereby
22 established in the department of public safety the Colorado commission
23 on parole guidelines. The commission shall consist of the attorney
24 general, who shall serve as chairperson, the executive director of the
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1 department of public safety WHO SHALL SERVE AS CHAIRPERSON, the
2 executive director of the department of corrections, the chairperson of the
3 state board of parole, the chairperson of a community corrections board,
4 a parole officer, a law enforcement officer, and a private citizen. The
5 latter four members shall be appointed by the governor and confirmed by
6 the senate. The director of the division of criminal justice of the
7 department of public safety shall serve as an ex officio member of the
8 commission.
9 (c) THE COMMISSION ESTABLISHED PURSUANT TO THIS SUBSECTION
10 (7) SHALL HAVE THE POWER TO APPROVE PAROLE REVOCATION GUIDELINES
11 DEVELOPED PURSUANT TO SECTION 17-2-103.7.
12 SECTION [4.] 17-1-111, Colorado Revised Statutes, is amended
13 to read:
14 17-1-111. Certain provisions of the administrative procedure
15 act not to apply. The provisions of this title relating to the management,
16 discipline, and classification of inmates, including objective parole
17 criteria AND PAROLE REVOCATION GUIDELINES approved by the
18 commission on parole guidelines created pursuant to section 17-22.5-404
19 (7), shall not be subject to section 24-4-103, 24-4-105, or 24-4-106,
20 C.R.S.
21 [ ]
22 { SECTION [5.] No appropriation. The general assembly has
23 determined that sections} [2 through 4] {of this act can be implemented
24 within existing appropriations, and therefore no separate appropriation of
25 state moneys is necessary to carry out the purposes of sections [2] through
26 [4] of this act.
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1 SECTION [6.] Future appropriations - legislative
2 intent. (1) Although no appropriation is included in this act for the fiscal
3 year beginning July 1, 1999, it appears that} [section 1]{ of this act will
4 require appropriations from the general fund for subsequent fiscal years,
5 and the amount required to be appropriated for the fiscal year beginning
6 July 1, 2000, is estimated to be} [ninety-three thousand one hundred
7 eighteen dollars ($93,118) and 1.0 FTE.{] [ ]
8 (2) It is the intent of the general assembly that the general fund
9 appropriation for the implementation of this act shall be derived from
10 savings generated from implementation of the provisions of HB99-1168,
11 as enacted during the first regular session of the sixty-second general
12 assembly.
13 SECTION [7.] Effective date. (1)} [Sections 2 through 8] {of this
14 act shall take effect upon passage.} [Section 1] {of this act shall take effect
15 }[July 1, 2000; except that section 1 of this act shall only take effect if
16 section 42-2-206, Colorado Revised Statutes, is amended in House Bill
17 99-1168 to change the penalty for driving with a revoked license from a
18 class 6 felony to a class 1 misdemeanor and House Bill 99-1168 is
19 enacted and becomes law.]
20 SECTION {[8.]} Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the immediate
22 preservation of the public peace, health, and safety.