Date: 04/23/2009

Final
BILL SUMMARY for HB09-1351

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1351 to the Committee on ApproPASS



02:58 PM -- House Bill 09-1351

Representatives Pommer and Ferrandino, co-sponsors, presented House Bill 09-1351 concerning an increase in the amount of time an inmate may have deducted from the inmate's sentence. Current law allows offenders incarcerated in the Department of Corrections (DOC) to have up to 10 days each month deducted from their total sentence. Offenders may accrue earned time while serving on parole. In order to earn the time, offenders must demonstrate consistent progress in specified categories, such as work and training, group living, participation in counseling programs, and compliance with conditions of parole. Earned time may not reduce a sentence by more than 25 percent of the total.

This bill increases the maximum monthly earned time to 12 days and repeals the 25 percent limit. In addition to the 12 days each month, the bill also allows the executive director of the DOC to deduct up to 60 days from a nonviolent offender's sentence under certain circumstances. The deduction may occur only once during an offender's sentence and does not apply to anyone serving a sentence following a parole revocation.

03:02 PM --
Mark Randall, Colorado District Attorneys Council, spoke in opposition to the bill. Mr. Randall stated that the district attorneys are not opposed to sentencing reform. He acknowledged that sentencing laws are confusing. He believes a formula is necessary to determine the appropriate sentence. He indicated that the Colorado Commission on Criminal and Juvenile Justice (CCJJ) should look at this issue and take the time to study it carefully. Mr. Randall questioned whether the bill only applies to nonviolent offenders. He responded to questions from the committee.

03:20 PM --
Peg Ackerman, County Sheriffs of Colorado, spoke in opposition to the bill. Ms. Ackerman stated that the sheriffs want this issue to be studied by the CCJJ.

03:21 PM --
Christie Donner, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Ms. Donner distributed an information sheet about the bill (Attachment C). She discussed research studies addressing the influence of earned time on offender behavior. Ms. Donner responded to questions from the committee about evidence-based correctional practices.

09HouseJud0423AttachC.pdf

03:30 PM

The committee discussed the use of earned time as an incentive for positive offender behavior.


03:46 PM

The committee continued to discuss using earned time as a tool for offender behavior control.
BILL:HB09-1351
TIME: 04:05:32 PM
MOVED:Court
MOTION:Refer House Bill 09-1351 to the Committee on Appropriations with a favorable recommendations. Committee members made comments about their positions on the bill. The motion passed on a vote of 6-5.
SECONDED:Ryden
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
No
Levy
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:06 PM

Representative Levy recessed the committee until adjournment of the House.


04:32 PM

Representative Levy brought the committee to order in the House chamber and laid over the rest of the calendar until Monday, April 27. She adjourned the committee.