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i_sentencingreform_2017a_2017-08-09t09:04:26z2 Hearing Summary

Date: 08/09/2017

Location: SCR 357


Practitioner's Perspective: Defense


Votes: View--> Action Taken:
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10:41 AM -- Practitioner's Perspective: Defense

Ms. Carrie Thompson, Legislative Policy Coordinator for the Colorado Criminal Defense Bar, provided the perspective of criminal defense stakeholders on Colorado's sentencing scheme. Committee members received a packet of slides forming the basis of Ms. Thompson's presentation (Attachment J), a series of publications concerning sentencing reform (Attachments K, L, M, and N), and a Colorado Court of Appeals case about proportionality review (Attachment O). Ms. Thompson discussed the rate at which individuals are incarcerated, and Colorado's habitual offender statute. Ms. Thompson also discussed some cases that invoked the habitual offender statute, and responded to questions regarding proportionality review in these cases.

170809 AttachJ.pdf170809 AttachJ.pdf170809 AttachK.pdf170809 AttachK.pdf170809 AttachL.pdf170809 AttachL.pdf170809 AttachM.pdf170809 AttachM.pdf170809 AttachN.pdf170809 AttachN.pdf170809 AttachO.pdf170809 AttachO.pdf

10:55 AM

Ms. Thompson responded to questions regarding the concept of a "trial tax," and the fairness of plea bargains. Ms. Thompson returned to her presentation, discussing motions for reconsideration under Colorado Rules for Criminal Procedure rule 35(b) and crimes of violence sentencing modifications. Ms. Thompson responded to questions regarding judicial and prosecutorial discretion.

11:08 AM

Ms. Thompson made some proposals for reforming mandatory penalties.

11:17 AM

The committee recessed.