First Regular Session
Sixty-second General Assembly
LLS NO. 99-0327.01 Jerry Barry SENATE BILL 99-095
STATE OF COLORADO
BY SENATOR Rupert;
also REPRESENTATIVE Tate.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING CORRECTIONAL FACILITIES IN COLORADO, AND, IN
102 CONNECTION THEREWITH, IMPOSING A MORATORIUM ON THE
103 CONSTRUCTION OF NEW CORRECTIONAL FACILITIES AND
104 ESTABLISHING A LEGISLATIVE TASK FORCE TO STUDY CRIMINAL
105 SENTENCING POLICIES OF THE STATE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
For 3 state fiscal years commencing July 1, 1999, prohibits the
department of corrections from spending any money on the planning,
design, or construction of a correctional facility unless the construction
of the facility was approved by the capital development committee as of
January 1, 1999.
Prohibits the department of corrections from issuing any new
requests for proposals for the privatization of correctional facilities until
July 1, 2002.
Establishes a legislative task force to study criminal sentencing
policies in the state. Specifies the number of members, method of
appointment, limitation on political party affiliation, and compensation.
Establishes duties of the task force including analyzing specific areas and
submitting interim and final reports to joint meetings of the judiciary
committees of the senate and house of representatives.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] 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.
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1 SECTION 1. Legislative declaration. (1) The general assembly
2 hereby finds and declares that:
3 (a) The primary goal of the criminal justice system must be to
4 protect the safety of citizens in the community.
5 (b) The number of offenders incarcerated in prisons in the state
6 has increased by over three hundred fifteen percent since 1980. From
7 1992 to 1996, the inmate population increased by over thirty percent. It
8 is estimated that the inmate population will increase by an additional
9 twenty-five percent between the years 1997 and 2000.
10 (c) The increased cost to the state for incarcerating so many
11 persons is staggering. Since 1980, general fund appropriations to the
12 department of corrections have increased by over six hundred
13 seventy-five percent. From 1992 to 1996, general fund appropriations for
14 the department of corrections increased by over sixty-two percent.
15 (d) The answer to the problem of crime in Colorado and the best
16 method to protect our communities is not merely building more prisons
17 and spending a greater percentage of the state's revenues on putting
18 people behind bars.
19 (e) Alternative punishments other than imprisonment may be more
20 cost-effective and offer more long-term protection to the citizens of the
21 state.
22 (f) The intent of this legislation is to place a temporary
23 moratorium on the construction of new correctional facilities to allow a
24 legislative task force to study the criminal sentencing policies in the state
25 to determine if they are appropriate, cost-effective, and in the best
26 interests of the people of the state.
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1 SECTION 2. 17-1-104.4, Colorado Revised Statutes, is amended
2 BY THE ADDITION OF A NEW SUBSECTION to read:
3 17-1-104.4. Future correctional facility needs - repeal.
4 (11) (a) FROM JULY 1, 1999, THROUGH JUNE 30, 2002, THE DEPARTMENT
5 SHALL NOT SPEND ANY FUNDS FOR THE PLANNING, DESIGN, OR
6 CONSTRUCTION OF ANY CORRECTIONAL FACILITY THAT HAS NOT BEEN
7 APPROVED FOR FUNDING BY THE CAPITAL DEVELOPMENT COMMITTEE,
8 ESTABLISHED IN SECTION 2-3-1302, C.R.S., AS OF JANUARY 1, 1999.
9 (b) THIS SUBSECTION (11) IS REPEALED, EFFECTIVE JUNE 30, 2003.
10 SECTION 3. 17-1-201, Colorado Revised Statutes, is amended
11 BY THE ADDITION OF A NEW SUBSECTION to read:
12 17-1-201. Duties of department - repeal. (1.5) (a) PRIOR TO
13 JULY 1, 2002, THE DEPARTMENT SHALL NOT ISSUE ANY PROPOSALS FOR
14 PRIVATIZATION OF CORRECTIONAL FACILITIES PURSUANT TO THIS PART 2.
15 (b) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JUNE 30, 2003.
16 SECTION 4. Article 11 of title 16, Colorado Revised Statutes,
17 is amended BY THE ADDITION OF A NEW PART to read:
18 PART 9
19 TASK FORCE ON CRIMINAL SENTENCING
20 16-11-901. Task force on criminal sentencing policies - creation
21 - membership. (1) IN ORDER TO PROVIDE LEGISLATIVE REVIEW AND A
22 STUDY OF CRIMINAL SENTENCING POLICIES IN THIS STATE AND TO IMPROVE
23 THE CRIMINAL SENTENCING POLICIES OF THIS STATE, THERE IS HEREBY
24 CREATED A LEGISLATIVE TASK FORCE ON CRIMINAL SENTENCING POLICIES,
25 REFERRED TO IN THIS PART 9 AS THE "TASK FORCE". THE TASK FORCE
26 SHALL CONSIST OF SIX MEMBERS AS FOLLOWS:
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1 (a) THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT
2 OF THE SENATE, NO MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE
3 SAME POLITICAL PARTY; AND
4 (b) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES
5 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NO
6 MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL
7 PARTY.
8 (2) THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF
9 REPRESENTATIVES SHALL JOINTLY APPOINT ONE MEMBER OF THE TASK
10 FORCE AS CHAIR OF THE TASK FORCE AND ONE MEMBER OF THE TASK
11 FORCE AS THE VICE-CHAIR OF THE TASK FORCE.
12 (3) MEMBERS OF THE TASK FORCE SHALL BE COMPENSATED AS
13 PROVIDED IN SECTION 2-2-307, C.R.S.
14 (4) THE STAFF OF THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE
15 COUNCIL AND THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL
16 PROVIDE ASSISTANCE TO THE TASK FORCE.
17 16-11-902. Task force on criminal sentencing policy - duties -
18 report. (1) THE TASK FORCE SHALL CARRY OUT THE FOLLOWING DUTIES:
19 (a) THE TASK FORCE SHALL MEET AS OFTEN AS NECESSARY TO
20 ANALYZE THE CRIMINAL SENTENCING POLICIES OF THE STATE, INCLUDING
21 BUT NOT LIMITED TO THE FOLLOWING AREAS:
22 (I) LENGTH OF SENTENCES TO INCARCERATION;
23 (II) MANDATORY MINIMUM SENTENCES TO INCARCERATION;
24 (III) INCARCERATION OF THE MENTALLY ILL;
25 (IV) INCARCERATION OF WOMEN;
26 (V) INCARCERATION OF JUVENILES;
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1 (VI) THE IMPACT OF INCARCERATION ON FAMILIES AND CHILDREN;
2 (VII) SENTENCES FOR OFFENSES RELATED TO CONTROLLED
3 SUBSTANCES AND THE AVAILABILITY OF DRUG TREATMENT PROGRAMS
4 WITHIN AND OUTSIDE OF CORRECTIONAL FACILITIES;
5 (VIII) PAROLE AND REINTEGRATION PROGRAMS;
6 (IX) THE COST-EFFECTIVENESS AND VIABILITY OF ALTERNATIVES
7 TO INCARCERATION; AND
8 (X) RECIDIVISM RATES UNDER INCARCERATION AND ALTERNATIVE
9 SENTENCES.
10 (b) ON OR BEFORE SEPTEMBER 1, 2000, THE TASK FORCE SHALL
11 SUBMIT TO A JOINT MEETING OF THE JUDICIARY COMMITTEES OF THE
12 SENATE AND HOUSE OF REPRESENTATIVES AN INTERIM REPORT ON THE
13 STATUS OF THE INVESTIGATION BY THE TASK FORCE. ON OR BEFORE
14 SEPTEMBER 1, 2001, THE TASK FORCE SHALL SUBMIT TO A JOINT MEETING
15 OF THE JUDICIARY COMMITTEES OF THE SENATE AND THE HOUSE OF
16 REPRESENTATIVES A FINAL REPORT AND ANY LEGISLATIVE
17 RECOMMENDATIONS OF THE TASK FORCE ARISING FROM THE FINAL REPORT.
18 16-11-903. Repeal of part. THIS PART 9 IS REPEALED, EFFECTIVE
19 JULY 1, 2002.
20 SECTION 5. 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.