Date: 02/19/2009

Final
BILL SUMMARY for HB09-1263

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1263 to the Committee of the WPASS



05:18 PM -- House Bill 09-1263

Representative Casso, prime sponsor, presented House Bill 09-1263 concerning time computation while an inmate is incarcerated in a county jail. Under current law, individuals who are sentenced to a county jail are entitled to a two-day sentence reduction per month for good behavior. This bill amends that provision so that individuals who are in jail receive a two-day sentence reduction for every thirty days of incarceration. The bill also clarifies that individuals who are designated as trusty prisoners may be granted earned time, not to exceed ten days, in any thirty-day period, rather than in a month. Individuals incarcerated in a county jail may also be eligible for earned time of up to three days for every thirty days of incarceration, at the discretion of the sheriff, if they demonstrate particularly good behavior by participating in educational activities or other programs.

The bill also amends the earned time provisions for individuals who are confined pending a parole revocation hearing. These individuals will be entitled to credit for their time in jail pending the parole revocation hearing against any reincarceration period imposed by the parole board.

05:19 PM -- Don Quick, Adams County District Attorney, spoke in support of the bill. Mr. Quick stated that bill clarifies the formulas for good time, earned time, and the trusty designation. He discussed the trusty status and the other available credits. He stressed the importance of the provision that allows the sheriff to use his or her discretion in awarding time credit or trusty status. The sheriff has the best idea of how to protect the public safety.

05:22 PM -- Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson responded to questions from the committee about maximum allowable earned time and trusty time.

05:25 PM -- Joe Pelle, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Pelle discussed the benefits of the bill to the Boulder County Sheriff's Office. It gives the sheriff the ability to use earned time as an incentive for inmates to participate in beneficial programs. It also reduces the average time spent in jail by three days, which assists with overcrowding problems.
BILL:HB09-1263
TIME: 05:27:58 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1263 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with one excused.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS