I_SentencingReform_2017A 09/13/2017 09:00 AM Committee Summary

09:18 AM -- Opening Remarks



The committee was called to order. A quorum was present. Representative Lee provided opening remarks.



09:19 AM -- Overview and Perspective: Criminal Justice System and Factors Driving Incarceration



Ms. Jeanne Smith, former director, Division of Criminal Justice within the Department of Public Safety, provided her perspective on Colorado's criminal justice system, and discussed some factors that may be driving incarceration in the state. Ms. Smith discussed trends in offending and recidivism, and the reasons behind the passage of certain laws that remove discretion within the system. Ms. Smith discussed the Parole Board, and the need for programming to assist those who are returning to the community from the criminal justice system.



09:29 AM



Ms. Smith continued to discuss the genesis of certain sentencing laws, and discussed the benefits of making sentencing more transparent. Ms. Smith responded to questions regarding legislation adopted by the General Assembly in recent years seeking to improve the transition of offenders to the community upon release, and the potential for augmenting this program. Ms. Smith offered her opinions on how to best reform Colorado's sentencing scheme, and the need for a parole board under a determinate sentencing scheme.







09:44 AM



Ms. Smith continued to respond to questions regarding how best to change Colorado's sentencing scheme for better outcomes, focusing on extraordinary risk crimes, crimes of violence, and sentencing ranges. Ms. Smith responded to further questions regarding aggravated sentencing for certain categories of victim. Discussion ensued regarding maximizing the use of community corrections programming, and a report pertaining to the Governor's Community Corrections Advisory Council.



09:55 AM



Ms. Smith responded to questions regarding her philosophy on the criminal justice system's approach to drug use and possession, and potential approaches to improving the parole hearing process.



10:05 AM



Ms. Smith responded to questions regarding a potential relocation of certain corrections system functions, such as diagnostic intake.



10:07 AM -- Options for Reducing Incarceration



Mr. Roger Przybylski, Applied Research and Evaluation Consultant, RKC Group, provided his expertise on the issue of how to reduce the incarceration level in Colorado. Mr. Przybylski discussed the relationship between incarceration and crime rates, as well as the relationship between incarceration and crime deterrence. Mr. Przybylski responded to questions regarding how increasing criminal sentences affects deterrence, and his position on returning parolees to prison for technical violations such as drug use.



10:24 AM



Mr. Przybylski continued to address questions about how best to use resources to address recidivism among the parolee population, and responded to questions regarding his earlier statements about incarceration, crime rates, and deterrence.



10:39 AM



Discussion continued regarding certain research findings about the relationship between incarceration, crime rates, and recidivism. Mr. Przybylski responded to questions regarding the use of polygraphy for sex offenders.



10:53 AM



Mr. Przybylski returned to his presentation, discussing potential ways to reform criminal sentencing to reduce incarceration and recidivism. Discussion ensued regarding probation early termination programs.



11:04 AM



Mr. Przybylski returned to making specific recommendations about sentencing, focusing on offender reentry. Mr. Przybylski responded to questions regarding the element of discretion throughout the criminal justice system. He then discussed risk assessment analysis, and the prosecutorial decision-making process.





11:22 AM



Mr. Przybylski responded to questions regarding the parole process.



11:29 AM -- Results First Analysis of the Adult Criminal Justice System



Ms. Jessica Corvinus, Results First Project Manager, Governor's Office of State Planning and Budgeting (OSPB); Ms. Tiffany Madrid, Results First Lead Research and Data Analyst, OSPB; and Ms. Adrienne Russman, Associate Director of Strategic Initiatives and External Affairs, Department of Corrections, briefed the committee on the Results First cost-benefit analysis of adult criminal justice programming. Committee members received a packet of slides forming the basis of the presentation, along with some supporting materials (Attachment A). Ms. Corvinus walked the committee through the contents of Attachment A. Ms. Corvinus responded to questions regarding the impact of programs listed in Attachment A.



170913 AttachA.pdf



11:40 AM



Ms. Corvinus returned to briefing the committee on the Results First analysis of the adult criminal justice system in Colorado. She noted an analysis of community corrections, and responded to questions about this effort. Ms. Russman provided input on this issue. Discussion ensued regarding the potential for engaging in a cost-benefit analysis of the presentencing process, and the effect of programming on recidivism.



11:53 AM



The committee recessed.



01:01 PM -- Second Look Sentencing



The committee returned to order. Via video conference, Mr. Craig DeRoche, Senior Vice President, Advocacy & Public Policy, Prison Fellowship, briefed the committee on the fellowship and its mission, as well as the concept of "second chance" or "second look." He explained the potential benefits of second look, and discussed some factors that should be considered when contemplating second-look legislation. Mr. DeRoche also discussed the programming that takes place in association with Prison Fellowship.



01:12 PM



Mr. DeRoche continued to discuss the merits of second-chance and second-look initiatives. Mr. DeRoche responded to questions regarding which body engages in the reconsideration of a criminal sentence under second-look legislation, and how best to advocate for second-look legislation.



01:25 PM



Mr. DeRoche responded to questions regarding the balance between reducing recidivism and protecting public safety, and the work of Prison Fellowship in Colorado's prisons.







01:31 PM -- Restorative Justice



Mr. Matthew Riede, State Restorative Justice Coordinator, and Ms. Melissa Westover, Chair, Colorado Restorative Justice Coordinating Council, and Manager and Executive Director of the Estes Valley Restorative Justice Partnership, briefed the committee on restorative justice. Committee members received a packet of slides forming the basis of the presentation (Attachment B). Mr. Riede walked the committee through the presentation, explaining what constitutes restorative justice and outlining its benefits. Ms. Westover provided input on the harm element involved in restorative justice, and responded to questions regarding what constitutes "community" under the restorative justice concept.



170913 AttachB.pdf



01:43 PM



Mr. Riede outlined the principles of restorative justice, and the restorative justice process. He then cited some statistics on restorative justice efforts in Colorado. Ms. Westover provided input on this process. Discussion ensued regarding the success of restorative justice in the state.



01:59 PM



Mr. Riede explained high-risk victim-offender dialogue, and discussed some restorative justice resources available in Colorado. Mr. Riede and Ms. Westover responded to questions regarding the use of restorative justice among the adult population and for more serious crimes.



02:09 PM -- Community Corrections



Ms. Christie Donner, Director, Colorado Criminal Justice Reform Coalition; Mr. Glenn Tapia, Director, Office of Community Corrections, Division of Criminal Justice, Department of Public Safety; Ms. Melissa Roberts, Parole Director, Department of Corrections; Mr. Travis Trani, Director of Prisons, Department of Corrections; and Ms. Alexandra Walker, Colorado State Board of Parole, discussed efforts on the part of a community corrections working group to address certain issues associated with community corrections, including a supposed surplus of 400 community corrections beds that sit unused. Ms. Donner framed the issues, and provided an overview of the efforts of this working group. Mr. Tapia discussed some statistics and trends associated with community corrections, and addressed the issue of open beds within community corrections.



02:22 PM



Ms. Roberts discussed the fragmented nature of community corrections, and the criteria involved in community corrections placement. Mr. Trani discussed some areas being investigated by the working group, such as reasons why offenders may waive a referral to community corrections, and staging of offenders for transition to community corrections. Discussion ensued regarding rejections of community corrections candidates.



02:36 PM



Discussion ensued regarding the incentive structure for hosting offenders in community corrections, and bottlenecks within the process that may be keeping offenders out of community corrections. Ms. Walker provided the parole perspective on community corrections. Mr. Joe Morales, chair, Colorado State Board of Parole, responded to questions regarding trends in parole eligibility.











02:55 PM



Ms. Walker responded to questions regarding efforts on the part of the State Board of Parole in facilitating community corrections referral. Ms. Roberts and Mr. Trani provided input on this issue.



03:00 PM -- Public Testimony



Ms. Sterling Harris, representing the Colorado Organization for Victim Assistance, provided public testimony. Ms. Harris addressed some issues raised during earlier deliberations, and asked that the victim advocacy community be included in future committee efforts, particularly in conjunction with any legislation that may be considered.



The testimony of Dr. Sharon Anable was entered into the public record (Attachment C).



170913 AttachC.pdf



03:05 PM -- Discussion About Requesting Drafts of Legislation



Mr. Jeremiah Barry, Office of Legislative Legal Services, provided information to the committee concerning the process for requesting legislation to be drafted for consideration by the committee. Mr. Barry discussed deadlines for requesting legislation and providing information to the drafter, and provided information relating to drafting deadlines. Mr. Barry responded to a question concerning distribution of draft bills to the committee.



03:12 PM -- Mr. Bo Pogue, Legislative Council Staff, provided additional information on proposing legislation to be considered by the interim committee, and the process for bills to be approved by the Legislative Council Committee.



03:16 PM



Representative Lee discussed the possibility of additional committee meetings, though no additional dates were set. The committee discussed the process for requesting that legislation be drafted for consideration by the committee.



03:19 PM



The committee adjourned.