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HB20-1019

Prison Population Reduction And Management

Concerning measures to manage the state prison population, and, in connection therewith, making an appropriation.
Session:
2020 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

Prison Population Management Interim Study Committee. Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The bill would open the facility for up to 650 close custody inmates. and require that for each inmate who is housed at the facility, an inmate must be removed from a private prison until the facility is full.

The bill states that out-of-state prisoners are not allowed in private prisons in the state unless the executive director of the department of corrections (department), in consultation with the governor, determines that exigent circumstances require that inmates be housed in private prisons in order to protect public, health, or safety.

The bill directs the department of corrections (department) to study how to end the practice of using the impact on ending the use of private prisons. by 2025 in a responsible way. The department will solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers. The department shall consult with county commissioners of the counties in which private prisons are located. The study must include:

  • Evidence-based strategies to stop using private prisons and move individuals into alternative facilities or programs;
  • An analysis of the economic impacts on affected communities, including the loss of local tax revenue;
  • An analysis of the impact that reducing private prison beds would have on local governments and community-based providers;
  • A utilization analysis of all state-operated facilities and all other facilities that can be used for housing inmates;
  • An analysis of the effect of releasing sex offenders who are assessed as low risk;
  • An analysis of what state-operated facilities and programs may be utilized to keep pace with demand;
  • An analysis of the best practices and programs that are necessary for successful reintegration of offenders, alternatives to incarceration, and recidivism reduction strategies consistent with public safety ;
  • An analysis of the feasibility of the department to obtain private prison facilities in Colorado; and
  • An analysis of the resources necessary to accomplish the strategies required to transition the state away from private prisons if the decision is made to transition the state away from private prisons .

The bill adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefiting the health, safety, environment, and culture for staff and other inmates.

Under current law, an offender is not entitled to an evidentiary hearing for resentencing when the offender is rejected for placement in a community corrections program. The bill requires the sentencing court to provide the offender with an evidentiary hearing, or in the alternative a new sentencing hearing for any termination from a community corrections program.

The bill amends the escape statutes to exclude direct sentences, transitioning from the department to a community corrections program, participating in a work release or home detention program, intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility, being housed in a staff secure facility , or placement in an intensive supervision parole program from the concepts of custody or confinement for purposes of escape. The bill lowers the penalties for escape and attempted escape crimes. The bill creates a new crime of absconding if the location of a person on intensive supervision parole or a person in a community corrections program is unknown to the authorized agency responsible for the person's supervision. The bill creates a new crime of unauthorized absence if the person is serving a supervised sentence outside of a prison and:

  • Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or
  • Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal processes.

The bill appropriates $250,000 from the general fund for the study required by the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

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