j_lc_2017a_2017-11-15t12:10:20z6 Hearing Summary

Date: 11/15/2017

Location: RM 271

12:50 PM -- Sentencing in the Criminal Justice System Interim Study Committee



Representative Lee, chair of the Sentencing in the Criminal Justice System Interim Study Committee, presented to the committee on the bills forwarded to the Legislative Council Committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment F. The bills are as follows:



Attachment F - Sentencing Comm merged files.pdf



Bill A –Determinate Sentence for Indeterminate Sex Offense. Under current law, certain sex offenders must be given an indeterminate sentence with a maximum of the offender's natural life. This bill grants the court discretion to choose between the indeterminate sentence or a determinate sentence for a term of incarceration, probation, or parole. The bill specifies the factors related to punishment and treatment that a court must consider when making its sentencing decision and requires that the court state its reasoning on the record. It also specifies the various ranges of terms of incarceration that the court should use for determinate sentences. In deciding the sentence for a term of incarceration, the court is to consider the presentence investigation sex offender evaluation, relevant evidence, and certain enumerated factors concerning the defendant’s behavior. In deciding the sentence for a term of probation, the court is to consider certain enumerated factors, including, among others, victim safety, the possibility of recidivism, and the age and maturity of the offender. If the court sentences the defendant to an indeterminate period of parole and he or she violates a condition of parole, the parole board may revoke parole for the remainder of his or her determinate term of incarceration sentence or for a period of incarceration not to exceed 90 days.



Bill B –Sentences for Habitual Criminals. This bill makes a number of changes with respect to the sentencing of habitual offenders. First, the bill repeals the provision of law that requires an offender who is convicted of a class 1, 2, 3, 4, or 5 felony or a level 1, 2, or 3 drug felony and has two previous, separate felony convictions within the last ten years to be sentenced to the Department of Corrections (DOC) for a term of three times the maximum of the presumptive range (or 48 years for a level 1 drug felony). Under current law, a court is required to sentence an individual who has three separate, prior felony convictions to four times the maximum of the presumptive range for the most recent felony. The bill amends that requirement so that it only applies to individuals convicted of specified crimes with a sentence of at least one year, both in the prior cases and the most recent case. In these types of cases, the court is required to sentence the individual to the DOC for between two and three times the maximum of the presumptive range for the most recent crime. The bill makes an exception to the sentencing of habitual offenders when the court finds that the case is exceptional and involves extenuating circumstances. In those cases, the court may sentence an individual to a lesser term, to community corrections, or to probation. The Office of the State Court Administrator is required to compile a report detailing all instances in which lesser sentences are given to habitual offenders. Finally, the bill allows the habitual offenders addressed by this bill to be eligible for parole after serving 75 percent of their sentence, less earned time.



Bill C –Reauthorize Commission on Criminal & Juvenile Justice (CCJJ). This bill extends the repeal of the CCJJ from July 1, 2018, to July 1, 2028.



Bill D –Lowering Mandatory Parole from 5 Years to 3 Years. This bill proposes reducing mandatory parole periods to three years for offenders sentenced for class 2 or class 3 felony crimes committed on and after July 1, 2018. Under current law, these crimes carry a mandatory parole period of five years, to be served after an offender's release from prison.



Bill E –CCJJ Criminal Sentencing Study. This bill requires the CCJJ to contract for a study on best practices in criminal sentencing. The study must be completed by July 1, 2019. The CCJJ must establish an advisory committee to review the study and make recommendations to the full commission for criminal sentencing changes in Colorado.



Representative Lee responded to questions concerning whether the bills fit under the committee's charge.