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Legislation - Criminal Justice Related Bills from 2009
2009 LEGISLATIVE UPDATE
Prepared By Maureen A. Cain
Policy Director – CCDB
The full text of each bill can be accessed at www.colorado.gov. Go to Colorado government, legislative branch and go to bill number in the House or Senate.
JUVENILES
H.B. 09-1044 Juvenile offenders - direct file - expungement of records. Allows a juvenile
who is charged as an adult by the direct filing of charges in district court, but sentenced as a juvenile in the same matter, to be eligible to petition the court for the expungement of his or her record.
APPROVED by Governor March 18, 2009 EFFECTIVE September 1, 2009
COMMENT: This bill was introduced by Rep. Ellen Roberts after discussion with the CCJJ Direct File Task Force. The bill will not impact that many juveniles but we supported the bill and attempt to continue to highlight the many direct file problems.
H.B. 09-1321 Juveniles tried as adults - placement awaiting trial - factors for consideration. Outlines the factors that the district attorney and defense counsel shall consider when determining whether to hold a juvenile in a jail or adult lockup while awaiting trial as an adult.
APPROVED by Governor June 1, 2009 EFFECTIVE June 1, 2009
COMMENT: This bill was a CCDB bill. The introduced version required the court to determine place of confinement for a direct file juvenile considering all of the factors in the amended bill. The fiscal analysis of that introduced bill resulted in an $800,000 fiscal note. Substantively, I think the original bill would have passed, but the money to move these jail kids into detention and then move the less serious youth into community beds could not be found. This issue will definitely continue to be discussed this summer and next year.
We at CCDB have collected substantial data on the 2007 and 2008 direct file kids and we are continuing to analyze that data.
COUNTY JAIL/MENTALLY ILL
Makes legislative findings and declarations. Appropriates $186,160 from the fund to the department for implementation of the program.
APPROVED by Governor June 2, 2009 EFFECTIVE June 2, 2009
COMMENT: This bill originated in the Legislative Oversight Committee for the continuing examination of the treatment of persons with mental illness. We have two representatives on that Task Force. The committee is very concerned about the lack of proper identification for the mentally ill.
PAROLE DATA COLLECTION
S.B. 09-135 Parole decision data tracking - data on basis of parole decisions and recidivism- training on use of data - report. Requires the state board of parole (parole board) and the division of criminal justice (DCJ) of the department of public safety to develop and implement a process to capture and analyze data related to the basis for and the outcomes of parole decisions and data on recidivism. Requires the DCJ to analyze the data and train the parole board on the use of the data obtained and analyzed to facilitate the board's future decision-making. On or before November 1, 2009, requires the parole board and the DCJ to report to the general assembly regarding the implementation of the act.
APPROVED by Governor June 1, 2009 EFFECTIVE August 5, 2009
COMMENT: We supported this bill. A legislative audit showed the DCJ and DOC had different ways of data collection which made analyses of certain decision-making impossible. In order to have evidence-based decision making, the data must be consistent.
YOS EXPANSION TO ALLOW OFFENDERS WHO COMMIT OFFENSE WHEN 18 OR 19
H.B. 09-1122 Youthful offender system - eligibility for sentencing - young adult offenders. Expands eligibility for sentencing to the youthful offender system (system) to allow certain young adult offenders who commit certain crimes when they are 18 or 19 years old, and who are sentenced prior to their twenty-first birthday, to be sentenced to the system. Repeals the expanded eligibility on October 1, 2012. Requires the warden of the system, upon the request of a prosecuting attorney or a youthful offender, to determine whether a youthful offender is acceptable for a sentence to the system given the nature and circumstances of the crime; the age, circumstances, and criminal history of the youthful offender; the available bed space in the system; and any other
appropriate considerations. Allows a court to sentence a juvenile to the system even though sentencing occurs after the juvenile's nineteenth birthday, so long as sentencing occurs prior to the juvenile's twenty-first birthday.
APPROVED by Governor April 2, 2009 EFFECTIVE October 1, 2009
COMMENT: This bill was a CCJJ bill but was the brain child of CCDB. After looking at the YOS bed counts for the last 5 years, it was clear that YOS had between 60 and 70 empty beds on an average day. DOC agreed to open up the program to 18 and 19 year old offenders and the DAs agreed -- with the provision that the bill will sunset in 2012 so that the change could be reviewed at that time.
TIME COMPUTATION
H.B. 09-1263 Jails - deductions of time. Clarifies that every person who is sentenced to and imprisoned in a county jail and who performs faithfully the duties assigned to him or her during his or her imprisonment is entitled to a deduction from the time of his or her sentence of 2 days in any 30-day period, rather than in each calendar month.
Allows a person who is sentenced to and imprisoned in a county jail to be awarded
earned time of up to 3 days in any 30-day period at the discretion of the county sheriff for the successful completion of certain designated programs or educational activities, for
outstanding progress in any assigned program or activity, or for unusual or extraordinary
actions as determined by the county sheriff. Requires each county sheriff to develop and
implement an earned time program and schedule for use in his or her county jail in
accordance with the expectations and standards of the community in which he or she serves. Clarifies that persons confined in the county jail, serving sentences in accordance with law, who are engaged in work within or outside the walls of the jail, and who are designated by the sheriff as trusty prisoners, and who conduct themselves in accordance with the rules of the sheriff of the county and perform their work in a creditable manner, upon approval of the sheriff, may be granted such good time as the sheriff may order, not to exceed 10 days in any 30-day period, rather than each calendar month.
Entitles a person who is confined pending a parole revocation hearing to credit for the
entire period of such confinement against any period of reincarceration imposed in the parole revocation proceeding. Requires the department of corrections to deduct the period of confinement from the period of reincarceration.
APPROVED by Governor April 3, 2009 EFFECTIVE August 5, 2009
COMMENT: This bill was a CCJJ bill. We helped craft the language and testified in support of the bill throughout the process. Our representatives on the CCJJ Incarceration Task Force helped get most groups on board with this bill. DAs originally opposed but, in the end, let it happen.
COURTS
H.B. 09-1316 Personal information on the internet - law enforcement official. Makes it a
crime to post the personal information of a judge, magistrate, or prosecutor on the internet if the dissemination of the information poses an imminent and serious safety threat.
APPROVED by Governor May 21, 2009 EFFECTIVE May 21, 2009
SCHOOLS
S.B. 09-237 Grounds for suspension or expulsion - firearm facsimile - authorization policy. Permits, rather than requires, a school district to suspend or expel a student for carrying, using, actively displaying, or threatening the use of a firearm facsimile. Requires school districts to develop a policy that authorizes students to bring a firearm facsimile to school for a school-related or non school-related activity. Requires the policy to allow the discipline to be determined on a case-by-case basis.
APPROVED by Governor April 21, 2009 EFFECTIVE April 21, 200
COMMENT: An attempt to insert some discretion.
VICTIM COMPENSATION
S.B. 09-47 Crime victim services advisory board - creation. Creates the crime victim
services advisory board (board) in the division of criminal justice in the department of public safety (division). Repeals the victims compensation and assistance coordinating committee and the victims assistance and law enforcement advisory board.
Requires the executive director of the department of public safety to appoint the
members of the board. Establishes the composition of the board membership, the term of
board membership, and other provisions concerning board membership.
Specifies the powers and duties of the board, including:! Establishing a subcommittee for the development of standards and sanctions for victim compensation and local victims assistance and law enforcement programs;! Establishing a victim rights subcommittee;! Distributing profits from crime; and! Advising the division concerning the award of grants for services for crime victims Removes specifications as to which agencies and organizations may apply for a grant to provide services to crime victims.
APPROVED by Governor April 16, 2009 EFFECTIVE July 1, 2009
COMMENT: A reorganization.
RECIDIVISM REDUCTION
H.B. 09-1022 Recidivism reduction grant program - application form and criteria - grant
amounts - fund - report. Creates the recidivism reduction grant program (program) in the
division of criminal justice (division) in the department of public safety. Gives the program the authority to provide 3-year implementation grants to a county or group of counties to initiate systematic changes to reduce recidivism. Requires the division to establish the application form and criteria for the program. Limits the grants to $100,000 per year and no more than $200,000 over the 3-year period. Creates the recidivism reduction grant program fund (fund). States the division shall only accept applications and award grants if there are sufficient moneys received by the fund to make grant awards. Directs the division to submit a report to committees of the general assembly at the end of the program. Repeals the program, effective July 1, 2013.
Makes legislative finding and declarations.
APPROVED by Governor May 21, 2009 EFFECTIVE May 21, 2009
COMMENT: Part of the Recidivism Reduction Plan.
DOMESTIC VIOLENCE
H.B. 09-1179 Address confidentiality program - person who resides with victim of domestic abuse. Expands the eligibility to participate in the address confidentiality program to expressly include any person who resides with a victim of domestic violence, a sexual offense, or stalking, if such person's participation is necessary to ensure the safety of the victim.
APPROVED by Governor April 3, 2009 EFFECTIVE April 3, 2009
INVOLUNTARY MEDICATION
H.B. 09-1253 Courts - involuntary mental health treatment - jurisdiction and venue.
Mandates that evidence acquired directly or indirectly from an involuntary medication
proceeding is inadmissible against the defendant. Requires the department of human services (department) to deliver, prior to the hearing, a copy of the petition for an involuntary medication order to the court that committed the defendant to the custody of the department, the prosecuting attorney, and the defendant's legal counsel or to the defendant directly. Requires a physician to assess and document a defendant's mental status prior to the administration of any court-ordered medication. Requires a petition for involuntary treatment to be heard in the court of the jurisdiction where the defendant is located. If a defendant who was found incompetent to stand trial is returned to jail for pending court proceedings, allows the county jail to require the defendant to continue the same court-ordered treatment or administration of medication. Clarifies statutory language concerning jurisdiction for persons found not guilty by reason of insanity.
APPROVED by Governor April 16, 2009 EFFECTIVE August 5, 2009
COMMENT: Doug Wilson and I worked with the hospital to try to bring balance this process and protect the patient’s rights.
MOTOR VEHICLE
S.B. 09-148 Bicycles - operation on roadways - interaction with other vehicles - passing -safety margins - use of turn lanes - riding two abreast - harassment of bicyclists - penalties.
Clarifies rules governing bicyclists riding 2 abreast, staying to the right-hand side of the
roadway when possible, and using right-turn lanes. Specifies that a driver must allow at least 3 feet of clearance when passing a bicyclist, and creates a limited exception to the prohibition on driving left-of-center to allow drivers to give bicyclists extra room.
Punishes crowding or threatening a bicyclist with a motor vehicle as careless driving.
Provides enhanced penalties for throwing any object or substance at a bicyclist.
APPROVED by Governor May 11, 2009 EFFECTIVE August 5, 2009
S.B. 09-222 Moving violations - enforcement - automated vehicle identification devices -
sign requirements. Sets the following standards for signs that give warning that an
automated vehicle identification device is being used to detect a traffic violation or
disobedience to a traffic control signal: The sign must be placed in a conspicuous place not fewer than 200 feet nor more than 500 feet before the automated vehicle identification system; and The sign must use lettering that is at least 4 inches high for upper case letters and 2 9/10 inches high for lower case letters.
APPROVED by Governor April 20, 2009 EFFECTIVE August 5, 2009
S.B. 09-274 Department of revenue - division of motor vehicles - funding - highway users tax fund - driver's license and identification card fees. Authorizes appropriations from the following sources to the division of motor vehicles in the department of revenue for expenses incurred in connection with the administration of the driver's license program by the division Replaces the current categories of self-propelled vehicles of "motor-driven cycle","motorscooter", and "motorized bicycle" with "motorcycle" and "low-power scooter". Applies substantially similar requirements to such vehicles. Defines "low-power scooter"as a vehicle with fewer than 4 wheels, no manual clutch, and a power capacity not exceeding either 50cc or 4,476 watts. Conforms the definitions of "motorcycle" and "toy vehicle" to categorize the vehicles. Requires a motor vehicle dealer license to sell a low-power scooter. Requires the driver of a low-power scooter to carry insurance, effective July 1, 2010, and includes the vehicle in the insurance database. Prohibits the operation of a low-power scooter at over 40miles per hour. Imposes the following penalties for exceeding 40 miles per hour:
- 1-4 miles per hour over is $56 and 0 points;
- 5-9 miles per hour over is $85 and 2 points;
- More than 9 miles per hour over is $116 and 4 points.
Authorizes an electrical assisted bicycle, which has substantially similar standards to
a bicycle except that it is not authorized for use on a bike or pedestrian trail. Authorizes the use of an electric personal assistive mobility device on a roadway with the following
limitations:
- It is prohibited on a limited-access highway;
- It is prohibited on a bike or pedestrian path; and
- It is limited to a speed of twelve and one-half miles per hour.
Authorizes local jurisdictions to set local standards for the use of electrical assisted
bicycles and electric personal assistive mobility devices. Clarifies that the drug and alcohol driving offenses apply to all vehicles, including low-power scooters, farm tractors, and off-highway vehicles. Requires a license to sell power sports vehicles at wholesale. Sets standards for such licensure substantively similar to the standards for a motor vehicle wholesale license.
APPROVED by Governor May 20, 2009 PORTIONS EFFECTIVE October 1, 2009
PORTIONS EFFECTIVE July 1, 2010
H.B. 09-1094 Wireless telephone use while driving - under 18 complete prohibition - over18 prohibit texting - exceptions. Prohibits persons who are under 18 years of age from using a wireless telephone while operating a motor vehicle. Prohibits persons who are 18 years of age and older from using a wireless telephone to send text messages while operating a motor vehicle. Makes exceptions for contacting a public safety entity or during an emergency. Makes violations a class A traffic infraction. Identifies wireless telephone use in a motor vehicle as a matter of statewide concern.
APPROVED by Governor June 1, 2009 EFFECTIVE June 1, 2009
H.B. 09-1234 Drivers' licenses - authority to revoke or suspend. Directs the department of revenue to immediately suspend the driver's license of a person who fails to appear for a license suspension hearing. Provides that a driver who failed to appear for a license
suspension hearing and suffered a license suspension may request a subsequent hearing to
appeal the suspension. Directs the department to revoke the license of an habitual offender.
APPROVED by Governor April 3, 2009 EFFECTIVE August 5, 2009
H.B. 09-1246 Violations - court orders - driving schools - appropriation. Requires the
department of revenue (department) to contract with a private entity by July 1, 2010, to
monitor and evaluate driver improvement schools that defendants are required to attend by court orders. Requires the private entity to submit a report to the court that has approved the particular driving school. Requires defendants attending the school to register with the private entity. Broadens the ability of courts to require driving schools for the violation of any law regulating the operation of a motor vehicle, except for drug and alcohol offenses. Requires a court to offer the defendant the opportunity to attend such a school if the defendant has not been convicted of violating any law regulating the operation of a motor vehicle within the previous 18 months. Creates the defensive driving school fund. Imposes a penalty surcharge on defendants ordered to attend a driving school in an amount determined by the department to offset the direct and indirect costs of monitoring and evaluating the schools. Requires the referring court to provide information about the penalty surcharge.
Appropriates $29,170 from the defensive driving school fund and 0.5 FTE to the
department.
APPROVED by Governor June 1, 2009 EFFECTIVE August 5, 2009
GENERAL CRIMINAL LAW
S.B. 09-35 Government official misconduct - penalty for proscribed acts related to contracts and claims. Makes it a class 1 misdemeanor to knowingly violate a provision of the proscribed acts related to contracts and claims for government officials. Permits the court to impose a fine that is no more than twice the amount of the benefit that the government official obtained or attempted to obtain.
APPROVED by Governor April 9, 2009 EFFECTIVE August 5, 2009
S.B. 09-36 Music piracy - dealing in unlawfully packaged recorded articles - elements -
penalty - confiscation - restitution. Adds the mens rea of knowingly and the element of
commercial advantage or financial gain to the crime of dealing in unlawfully packaged
recorded articles. Requires the court to impose a fine of at least $1,000 dollars for a
conviction of dealing in unlawfully packaged recorded articles if the offense involves more than 100 articles or if the defendant has previously been convicted of the offense.
Requires a law enforcement officer, upon discovery, to confiscate all recorded articles
that constitute a theft of sound recordings offense and all equipment and components used to manufacture the recorded articles. Permits the confiscated recorded articles to be
destroyed by court order and the confiscated equipment and components to be donated to charity by court order. Requires restitution to the owner or producer of a master sound recording, or the trade association representing the owner or producer, for an injury suffered as a result of the theft of sound recording crime. Directs how the order of restitution is calculated.
APPROVED by Governor April 22, 2009 EFFECTIVE August 5, 2009
COMMENT: The music industry’s attempt to cut down on piracy. Watered down version of what they wanted.
S.B. 09-93 Identity theft - inchoate penalty - statute of limitations - criminal possession of
an identification document. Beginning July 1, 2009, reduces the penalty for an identity theft inchoate offense. Starts the statute of limitations for identity theft crimes when the crime is discovered. Beginning in July 1, 2011, criminalizes possession or control of a driver's license, government-issued identification card, social security card, or passport of another person without the permission of the other person, unless permission is authorized by law, and makes the crime a predicate offense for racketeering.
APPROVED by Governor June 1, 2009 PORTIONS EFFECTIVE July 1, 2009
PORTIONS EFFECTIVE July 1, 2011
COMMENT: We testified/worked against this bill and got most of the bad stuff out.
