Digest of Bills - 2008-Criminal Justice Related Excerpts

Excerpts from summaries prepared by Office of Legislative Legal Services

 

 

CHILDREN AND DOMESTIC MATTERS

S.B. 08-106 Parenting time - objection - parent convicted of crime out-of-state - assessment and evaluation. Permits a parent to file an objection to parenting time if the other parent has been convicted in another jurisdiction of certain crimes that may constitute a danger to the child. After the motion is filed, requires the court to order a sex-offense-specific evaluation and parental risk assessment if the parent is convicted in another jurisdiction and to consider the recommendations of the evaluation and assessment in making an order for parenting time or parent contact.

APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008

 

H.B. 08-1016 Juveniles with mental health issues - court ordered screening and assessment - admissibility of evidence obtained during screening or assessment - court ordered mental health services - implementation committee. In a juvenile delinquency proceeding, requires the court, prosecution, probation officer, guardian ad litem, parent, or legal guardian who believes that the juvenile could benefit from mental health services to advise the court of the issue. Directs the court to order a mental health screening when the issue is raised, unless the court has sufficient information to determine the juvenile's need for mental health services.

If the mental health screening indicates the juvenile could benefit from mental health services, allows the court to order a mental health assessment. Permits the court to require a party with legal custody of the juvenile to pay for the assessment. Requires the assessment to include an opinion as to whether the juvenile would benefit from mental health services. If the assessment includes such an opinion, requires the assessment to identify the juvenile's mental health issues and appropriate services and treatment. Prohibits the admissibility of evidence obtained as a result of a mental health screening or assessment unless the juvenile places his or her mental health at issue.

Permits the court to order mental health treatment or services as a part of the court's disposition if a mental health screening or assessment finds or the court determines the juvenile could benefit from mental health services.

Permits the chief judge of each judicial district and the presiding judge of the Denver juvenile court to appoint a committee to develop a plan to implement the act. Requires the committee to submit its plan to the judicial department by July 1, 2009, and requires each judicial district to implement its plan by July 1, 2010. Permits the chief judge or presiding judge to order implementation prior to July 1, 2010.

APPROVED by Governor April 10, 2008
EFFECTIVE July 1, 2008

 

H.B. 08-1117 Restorative justice - inclusion in juvenile diversion programs - court advisement of restorative justice sentencing options - sentencing option - probation option. Defines "restorative justice" as practices that emphasize repairing the harm to the victim and the community resulting from criminal acts. Directs the juvenile diversion program to integrate restorative justice practices into the program when possible. Requires the court to advise a juvenile of restorative justice sentencing at the juvenile's first court appearance and when pleading guilty. Makes restorative justice a sentencing alternative for the court unless the juvenile committed an unlawful sexual behavior offense or an offense that included an underlying factual basis of domestic violence. Provides the court the option of ordering an evaluation to determine whether restorative justice should be a part of a sentence to probation unless the juvenile committed an unlawful sexual behavior offense or an offense that included an underlying factual basis of domestic violence.

APPROVED by Governor March 31, 2008
EFFECTIVE March 31, 2008

 

H.B. 08-1156 Juvenile parole - appropriation. Eliminates reference to the division of juvenile parole in the department of human services. Authorizes the division of youth corrections in the department of human services to manage all juvenile parole services. Structures the provision of juvenile parole services to align with the practices of the division of youth corrections.

Requires the use of an objective risk assessment by the division of youth corrections and the juvenile parole board ("board") to identify treatment and parole services. Permits the board to consider additional committing crimes that may merit a juvenile receiving extended parole services. Requires the board to provide victim coordination services, including victim notification.

Clarifies the juvenile court's and board's authorization to discharge juvenile parole.

Converts the local elected official member on the board to a public-at-large member. Clarifies that board members can seek a prorated per diem for a half-day of service.

Clarifies that the division of youth corrections shall not retain jurisdiction over a juvenile who attains 21 years of age. Clarifies that the sentence to commitment and period of parole is discharged when a juvenile attains 21 years of age.

Codifies the board's time computation practices for computing the period of parole or extended parole for juveniles.

Clarifies who has custody of a juvenile who is under the age of 18 years and who has completed his or her period of commitment and is transitioning onto parole supervision.

Appropriates $55,997 from the state victims assistance and law enforcement fund to the juvenile parole board.

APPROVED by Governor May 22, 2008
EFFECTIVE May 22, 2008

 

CORRECTIONS

S.B. 08-7 Jail inmates - assistance in accessing public benefits upon release - demonstration program - appropriation. Encourages counties to establish relationships, partnerships, and prerelease agreements with entities involved in providing various public benefits to persons released from jail. Directs the department of human services ("state department") and the department of health care policy and financing to provide training to appropriate personnel on the process for applying for public benefits.

Establishes a demonstration grant program ("demonstration program") in the state department to award grants to counties or groups of counties that design programs to assist jail inmates in accessing health care, housing, and employment benefits upon release. Directs the state department to submit a report to the legislative judiciary committees on the demonstration program.

Appropriates $279,000 from the general fund to the state department for the demonstration program. Appropriates $1,000 from the general fund to the department of health care policy and financing for training county personnel.

APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008

 

S.B. 08-145 County jails - inspections - county commissioners. Requires county commissioners to inspect the jails in their respective counties at their discretion but at least once annually.

APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
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S.B. 08-171 Parolees - biological substance testing - private laboratory - contracting. Revises from a urine test to a test of a biological substance sample the chemical testing requirement to which a parolee must submit as a condition of parole. Removes the duties of the department of public health and environment with regard to testing of substances for parolees. Requires the department of corrections, the department of public safety, and local governmental agencies to contract with a private laboratory for testing of parolees' biological substances.

APPROVED by Governor April 14, 2008
EFFECTIVE April 14, 2008

 

S.B. 08-172 Community parole officers. Changes the term "parole officer" to "community parole officer". Revises the definition of "community corrections program agent" to reflect that these agents are also community parole officers.

APPROVED by Governor April 25, 2008
EFFECTIVE April 25, 2008

 

H.B. 08-1046 Public benefits - application assistance - juvenile and mental health facilities - training - process simplification - appropriation. For juveniles in a commitment center and certain persons confined in a facility of the department of human services who are or may be eligible for public assistance, provides assistance in applying for medicaid, children's basic health plan benefits, supplemental security income ("SSI"), or social security disability insurance ("SSDI") prior to release from the facility.

Stipulates that the person shall receive such assistance at least 120 days prior to release, or sooner if possible. Requires the department of human services to provide information and training on the SSI or SSDI application process and assistance to personnel at each facility. Requires the department of health care policy and financing to provide information and training on the medicaid application process and assistance to personnel at each facility.

Mandates that the department of health care policy and financing simplify the application processing for medicaid and the children's basic health plan and that the department of human services simplify the application processing for SSI and SSDI to allow eligible persons to receive medicaid as a result of being eligible for SSI or SSDI upon release and thereafter.

Appropriates $76,081 to the department of humans services for implementation of this act including $11,941 from the general fund, $6,106 from the old age pension fund, $26,408 from funds transferred from the department of health care policy and financing, and $31,626 from federal funds.

Appropriates $28,408 to the department of health care policy and financing for implementation of this act including $13,371 from the general fund, $1,443 from the children's basic health plan trust, $137 from the old age pension fund, and $13,457 from federal funds.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008

 

H.B. 08-1067 Parole hearing officers - immunity. Adds parole administrative hearing officers to the statutory definition of a public employee for purposes of the "Colorado Governmental Immunity Act". Clarifies that a parole administrative hearing officer is protected by governmental immunity only when acting within the scope of his or her duties as a public employee.

APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008

 

H.B. 08-1132 Youthful offender system - sex offender treatment - consent for mental health treatment. Allows for a sex offender in the youthful offender system to receive juvenile or adult sex offender treatment, as appropriate. Adds mental health treatment as an available treatment option that offenders in the youthful offender system can receive without parental consent.

APPROVED by Governor March 13, 2008
EFFECTIVE March 13, 2008

 

H.B. 08-1192 Inmate medical services - copayment. Requires the executive director of the department of corrections ("executive director") to establish written procedures requiring inmates to pay a copayment, not to exceed five dollars, for inmate-initiated medical, mental health, dental, and optometric visits.

Allows the executive director to specify services for which a copayment will not be assessed and the specific and exclusive bases upon which a copayment may be reduced or waived including, but not limited to, the inmate's ability to pay, the health needs of the inmate, and the public health and safety needs of the institution.

APPROVED by Governor April 3, 2008
EFFECTIVE August 5, 2008

H.B. 08-1247 Sexually violent predator - determination - by court. Requires the department of corrections, if it receives a mittimus that does not indicate whether the court determined whether a defendant is a sexually violent predator, to notify the court and, if necessary, return the defendant to the custody of the sheriff for transport to the court for the determination.

APPROVED by Governor March 26, 2008
EFFECTIVE March 26, 2008

 

H.B. 08-1352 Parole revocation placement - return to custody facility - technical parole revocation - no felony warrant, felony detainer, or new felony charges - appropriation. Limits the parole board's option of placing a parolee in a community return-to-custody facility after revocation of a parolee whose parole is revoked based on a technical violation, who has no active felony warrant, felony detainer, or pending felony criminal charge, and who was on parole for an offense that was a class 5 or class 6 nonviolent felony other than menacing or unlawful sexual behavior.

For fiscal year 2008, appropriates $2,127,805 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund. For fiscal years 2008, 2009, 2010, 2011, and 2012, appropriates $217,566 from the general fund to the department of corrections.

APPROVED by Governor May 21, 2008
EFFECTIVE August 5, 2008

S.B. 08-32 Breach of bond conditions - bond commissioner application - notice. Permits a bonding commissioner to apply to the court for a hearing on a breach or threatened breach of the conditions of a bond. Requires a bonding commissioner filing an application to notify the district attorney within 24 hours after filing the application. Directs the bonding commissioner to notify the bail bond agent of record when the warrant is issued.

APPROVED by Governor April 17, 2008
EFFECTIVE August 5, 2008

H.B. 08-1174 Uniform interstate depositions and discovery act. Enacts the "Uniform Interstate Depositions and Discovery Act". Allows a party to submit a subpoena from another state for the deposition of a witness or for the discovery or inspection of documents or other tangible things to the clerk of the court in the county in which the deposition or discovery is to occur. Requires the Colorado court to issue a subpoena that incorporates the terms of the subpoena of the other state. Provides that the laws and rules of the state govern the service of a subpoena or a motion for protective orders and enforcement actions.

APPROVED by Governor March 26, 2008
EFFECTIVE August 5, 2008

CRIMINAL LAW AND PROCEDURE

 

S.B. 08-8 Legislative oversight committee - continuing examination of the treatment of persons with mental illness involved in the criminal and juvenile justice systems - task force membership. Adds a representative from the department of health care policy and financing to the task force for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems.

APPROVED by Governor March 19, 2008
EFFECTIVE March 19, 2008

 

 

S.B. 08-66 Felony murder - juvenile tried as adult - youthful offender system sentence - appropriation. Allows a court to sentence to the youthful offender system a juvenile who is charged as an adult with felony murder if the juvenile pleads guilty to a class 2 felony as a result of a plea agreement and the juvenile would be eligible for sentencing to the youthful offender system if convicted of the felony that underlies the felony murder charge.

Appropriates $46,048 from the general fund to the department of corrections for allocation to the youthful offender system for implementation of the act.

APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008

 

S.B. 08-88 Miscellaneous offenses - furnishing cigarettes or tobacco products to minors. Removes the requirement that a person who furnishes cigarettes or tobacco products to a minor do so knowingly to commit a class 2 petty offense. Requires a person, before selling to any individual any cigarette or tobacco product, to request from the individual and examine a government-issued photographic identification that establishes that the individual is 18 years of age or older. Waives this requirement for face-to-face transactions in which the individual appears older than 30 years of age. Establishes a class 2 petty offense for violations of this requirement.

Prohibits possession of tobacco products by a person under 18 years of age. Establishes that possession of tobacco products by a person under 18 years of age is a non-criminal offense.

APPROVED by Governor May 20, 2008
EFFECTIVE July 1, 2008

 

S.B. 08-134 Bail bonds - county jail assistance fund - minimum bail amount - appropriation. Directs that 50% of the forfeited bond moneys and fees for a person in this country illegally shall be deposited into the capital construction fund for appropriation to the corrections expansion reserve fund. Directs that 50% of the forfeited bond moneys and fees for a person in this country illegally shall be deposited into the county jail assistance fund. Creates the county jail assistance fund.

Sets the minimum amount for bail for a person arrested for distribution of a schedule I or schedule II controlled substance at $50,000. Requires the amount to be adjusted for inflation every 10 years.

Appropriates $2,053 from the county jail assistance fund to the department of corrections for the implementation of the act.

APPROVED by Governor May 20, 2008
EFFECTIVE July 1, 2008

 

S.B. 08-192 Residential picketing - prohibition - picketing sign limitations - picketing parking limitations. Prohibits an individual from engaging in targeted residential picketing unless the individual continually marches a certain distance to the right and left of the targeted residence. Prohibits a person engaged in targeted residential picketing from carrying more than one sign or a sign that is larger than 6 square feet. Prohibits a vehicle engaged in targeted residential picketing from parking within a specified distance of the targeted residence. Before a violation can occur, requires law enforcement to issue a warning. Makes unlawful residential picketing an unclassified misdemeanor subject to a fine of no more than $5,000. Permits a local jurisdiction to adopt a more restrictive targeted residential picketing measure.

APPROVED by Governor May 28, 2008
EFFECTIVE August 5, 2008

S.B. 08-205 DNA evidence - hearing when certain evidence destroyed - critical stage. Requires the court to grant a hearing to a defendant when DNA evidence subject to a statutory preservation order is negligently lost or destroyed to determine whether a remedy is warranted. States that the hearing is a critical stage in the criminal proceedings for victim rights' purposes.

APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008

 

S.B. 08-234 Alcohol and drug use assessment - misdemeanor or petty offense deferred judgment - drug and alcohol counseling - approved provider. Requires each person convicted of a misdemeanor or petty offense who is to be considered for probation or a deferred judgment and sentence to submit to an alcohol and drug use assessment. Permits the court to require drug or alcohol counseling in a deferred judgment and sentence. Requires an approved provider to provide the treatment if the defendant receives a deferred judgment and sentence for an unlawful sexual behavior offense.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

 

S.B. 08-235 Public indecency - masturbation. Includes an act of masturbation in the crime of public indecency.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

 

S.B. 08-236 Violation of a protection order - notice of the contents of the order - law enforcement personnel. Permits a person to be convicted of violation of a protection order if the person acquired knowledge of the contents of the protection order from law enforcement personnel and then violates the order.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

 

S.B. 08-237 Sex offender registration - register in Colorado if required to register in another jurisdiction. Clarifies that a person is required to register as a sex offender in Colorado if the person commits a crime in another jurisdiction that would require registration as a sex offender in that jurisdiction if the person lived in that jurisdiction.

APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008

 

S.B. 08-238 Sexually exploitative material - prohibition on reproduction in a criminal case - exception. Prohibits the reproduction of sexually exploitative material in the course of a criminal case if the prosecution makes the material available to the defendant for inspection. Makes an exception to the prohibition on reproduction if the defendant shows, for reasons to the specific case, that the provided inspection is insufficient for a defense expert purposes.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008

 

S.B. 08-239 Leaving the scene of an accident involving death - increase penalty - appropriation. Increases the penalty from a class 4 felony to a class 3 felony for leaving the scene of an accident involving death.

For the 2008 and 2009 fiscal years, transfers $125,165 from the general fund to the capital construction fund and from capital construction fund to the corrections expansion reserve fund. For the 2010 fiscal year, transfers $137,682 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund. For the 2011 and 2012 fiscal years, transfers $375,495 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund.

For 2009 fiscal year, appropriates $28,758 from the general fund to the department of corrections. For 2010 fiscal year, appropriates $57,516 from the general fund to the department of corrections. For 2011 fiscal year, appropriates $89,150 from the general fund to the department of corrections. For 2012 fiscal year, appropriates $175,424 from the general fund to the department of corrections.

APPROVED by Governor May 14, 2008
EFFECTIVE July 1, 2008

 

H.B. 08-1115 Retaliation against a judge - class 4 felony - appropriation. Creates a new class 4 felony if a person threatens, harasses, or harms certain individuals in retaliation or retribution against a judge.

Makes a 5-year statutory appropriation for implementation of the act as follows:

�œ For the 2008-09 fiscal year, appropriates $125,165 from the capital construction fund to the corrections expansion reserve fund;

�œ For the 2009-10 fiscal year, appropriates $28,758 from the general fund to the department of corrections;

�œ For the 2010-11 fiscal year, appropriates $112,649 from the capital construction fund to the correction expansion reserve fund and $28,758 from the general fund to the department of corrections;

�œ For the 2011-12 fiscal year, appropriates $54,640 from the general fund to the department of corrections; and

�œ For the 2012-13 fiscal year, appropriates $112,649 from the capital construction fund to the corrections expansion reserve fund and $28,758 from the general fund to the department of corrections.

APPROVED by Governor May 21, 2008
EFFECTIVE July 1, 2008

 

H.B. 08-1119 Colorado commission on criminal and juvenile justice - study racial and ethnic disparities. Directs the Colorado commission on criminal and juvenile justice to include in its areas of study the reduction of racial and ethnic disparities in the criminal and juvenile justice systems.

APPROVED by Governor March 19, 2008
EFFECTIVE March 19, 2008

 

H.B. 08-1130 Wiretaps - applications - extensions. Permits a district attorney to designate the assistant district attorney or the chief deputy district attorney to apply for a wiretap if the district attorney is out of the jurisdiction. Permits the attorney general to designate the chief deputy attorney general or deputy attorney general for the criminal section to apply for a wiretap if the attorney general is out of the jurisdiction. Permits 3 extensions of an order of a wiretap.

APPROVED by Governor March 17, 2008
EFFECTIVE August 5, 2008
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H.B. 08-1208 Juvenile direct file - sentence as a juvenile lesser offenses - reverse transfer process - preference for juvenile detention pending trial. Requires the district court to sentence a juvenile who is convicted as an adult to a juvenile disposition for a conviction of an offense for which criminal charges could not have been originally filed by information or indictment. Provides that, if a juvenile is convicted as an adult and receives a juvenile disposition, the juvenile's conviction shall be adjudicated as a juvenile delinquency.

Creates a reverse-transfer process that permits a juvenile to file a petition with the district court within thirty days after the juvenile is charged by direct file asking the court to remand the case to the juvenile court. Requires the court to hold a hearing on the petition in which the juvenile has a burden of showing that the best interests of the juvenile and community would be served by having the case prosecuted in juvenile court.

Creates a preference that a juvenile on a direct file or transfer who has been ordered to held pending the proceedings be held in a juvenile facility. Requires sight and sound segregation if the court decides to have the juvenile held at an adult facility.

VETOED by Governor May 22, 2008

 

H.B. 08-1217 Sexual assault victim protections - lie detector tests - forensic medical exams - collection of evidence. Prohibits a law enforcement agency, prosecuting officer, or other government official from asking a sexual assault victim to take a lie detector test as a condition of proceeding with the criminal investigation or prosecution. Prohibits a law enforcement agency from asking or requiring a sexual assault victim to participate in the criminal justice process in order to receive a forensic medical exam that includes the collection of evidence ("exam"). Requires the division of criminal justice in the department of public safety, and not the victim, to pay for the exam. Requires a medical facility that performs an exam on a victim that is not at the request of a law enforcement agency to contact law enforcement regarding the storage of the evidence.

APPROVED by Governor March 31, 2008
EFFECTIVE March 31, 2008

 

H.B. 08-1232 Domestic violence offender management board - revisions - continuation under sunset law - appropriation. Extends the automatic termination date of the domestic violence offender management board ("board") to September 1, 2017, pursuant to the provisions of the sunset law.

Allows the board to develop a renewal process for treatment providers who seek to remain on the approved provider list. Gives the board the authority to increase the application fee up to $300 to cover the costs associated with the initial application and the renewal applications. Directs the board to require approved treatment providers to complete mandatory continuing education courses in areas related to domestic violence. Allows the board to remove a domestic violence treatment provider from the approved provider list and to determine the requirements for a provider's name, once removed, to be reinstated on the list.

Appropriates $26,450 and 0.6 FTE from the domestic violence offender treatment provider fund to the department of public safety, division of criminal justice, for implementation of the act.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008

 

H.B. 08-1263 Victims' rights - bond in criminal cases - victim notification - right to be heard. Clarifies the circumstances under which a victim has a right to be notified with respect to court actions concerning a defendant's bond. Requires a district attorney to notify a victim of the filing of charges if the district attorney is filing charges that are lower than those for which the defendant was arrested and the lower charge may result in the court issuing a new, lower bond. Requires notification of the victim in court proceedings where the defendant has requested a modification of the no contact provision of a criminal protection order.

APPROVED by Governor April 7, 2008
EFFECTIVE April 7, 2008

 

H.B. 08-1348 Peace officers - federal officers. Authorizes officers of the federal protective service of the United States department of homeland security immigration and customs enforcement to act, subject to certain conditions, as peace officers in Colorado.

APPROVED by Governor May 1, 2008
EFFECTIVE August 5, 2008

H.B. 08-1360 Peace officers - fire arson investigators. Clarifies that a fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties.

APPROVED by Governor May 1, 2008
EFFECTIVE May 1, 2008

 

H.B. 08-1377 Bail - vehicular eluding and DUI. Requires bail in the amount of $50,000 or an amount set by the court for a person charged with felony vehicular eluding and driving under the influence arising out of the same occurrence.

APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008

 

H.B. 08-1382 Criminal procedure - department of corrections sex offender designation - juvenile venue removal from sex offender registry - earned time while on parole or reparole - appropriation. Defines the department of corrections' authority to determine that an inmate is a sex offender for purposes of mandating sex offender treatment.

Permits a juvenile who is petitioning for removal from the sex offender registry to file his or her motion in the juvenile's change of venue court.

Allows an offender to accrue earned time while on parole or on reparole, but not while reincarcerated after revocation of mandatory parole.

Appropriates $49,292 general fund to the department of corrections for implementation of this act. Decreases the general fund appropriation to the department of corrections, management division, executive director's subprogram, payments to district attorneys by $49,292.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

 

H.B. 08-1392 Competency to proceed - how raised and determined - evaluation privilege - evaluations and reports. Creates a new procedure to address competency to proceed issues in adult criminal cases separate from not guilty by insanity issues. Directs how and when mental incompetency is raised and determined. Addresses issues of privilege related to evaluations authored to address competency issues. Directs the manner and form of the evaluations and reports that are prepared to address issues of competency. Limits the use of evidence first discovered during the evaluation or report process. Addresses issues of restoration to competency and a final determination of whether a defendant is or is not competent to proceed. Permits temporary removal of a person committed for restoration to competency for treatment under certain conditions.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

 

H.B. 08-1397 DNA evidence collection and preservation - requires preservation for class 1 felonies and indeterminate sentencing sex offenses - notification and objection procedure for destruction of all other DNA evidence - court findings regarding DNA evidence in all felonies - DNA working group - peace officer training on DNA evide