I_PrisPop_2019A 09/18/2019 09:32:02 AM Committee Summary

Ms. Jenny Chestnut and Mr. Virgil Anderson, representing themselves, offered their perspectives as offenders who have reentered the community. Ms. Chestnut discussed her experiences in the criminal justice system, and her experiences in reentering the community. She discussed some ways to reintegrate women offenders into the community.

Mr. Anderson discussed his experiences as an offender, and discussed some failures in the criminal justice system. He also addressed issues with community reentry. Discussion ensued regarding the efficacy of community corrections. Ms. Chestnut and Mr. Anderson responded to questions regarding their first contacts with the criminal justice system, and what might have worked to keep them out of the system.

Ms. Christie Donner, non-legislative committee member and Executive Director of the Colorado Criminal Justice Reform Coalition, initiated a discussion about women in the criminal justice system, and parole issues involving this population. Committee members received fact sheets concerning women returning to prison from parole (Attachment A), and probation (Attachment B), the first prepared by the Colorado Criminal Justice Reform Coalition and the second prepared by the Division of Probation Services. Ms. Donner discussed the information in these documents, including the circumstances that result in women returning to prison. Director Tapia provided an overview of Attachment B. Discussion ensued regarding the committee's charge and the day's activities.

Discussion ensued regarding potential legislation for addressing issues that result in women entering the criminal justice system. Ms. Donner responded to questions regarding the data in Attachment A, and the phenomena of addiction and "walk aways."

Discussion continued regarding ways to keep parolees from recidivating, particularly women.

Ms. Donner and Michael Dougherty, non-legislative committee member and District Attorney for the 20th Judicial District, briefed the committee on criminal sentencing. Mr. Dougherty discussed a recent conference he attended, and trends in prison population. Ms. Donner discussed certain aspects of criminal sentencing including types of time reduction awarded to offenders. Mr. Dougherty provided additional information, and discussed sentencing scenarios where time reductions and applications for community corrections reduce the sentence. Discussion ensued regarding the need for clarity in sentencing.

Mr. Dougherty responded to questions regarding the potential effect of certain sentencing recommendations, and certain constitutional issues invoked by the recommendations. Discussion ensued regarding the amount of time it would take to overhaul the state's sentencing scheme, and the complexity of the scheme. Discussion followed regarding the potential impact of a sentencing overhaul on the Department of Corrections.

Discussion returned to an earlier conversation about escapes or walk-aways, and the sentences imposed for these crimes.

Dean Williams, non-legislative committee member and Executive Director of the Department of Corrections (DOC), provided an update on the potential for opening Centennial Correctional Facility-South (also known as Colorado State Penitentiary II) pursuant to Senate Bill 19-259. He discussed other potential uses for the facility.

Mr. Greg Sobetski, Legislative Council Staff, provided an update on the prison population forecast and population trajectory, Mr. Sobetski first explained how prison populations are forecast in other states, and the performance of forecasts. Mr. Sobetski responded to questions regarding the factors driving prison population forecast error in Tennessee.

Mr. Sobetski returned to discussing prison population forecasting in other states. Mr. Sobetski then discussed prison population trends since the December 2018 forecast. Mr. Sobetski responded to questions regarding the effect of prison admissions on the jurisdictional population, and a drop in technical parole violations in 2016. Discussion ensued regarding this second point. Mr. Sobetski responded to questions regarding the effect of certain legislation on a reduction of offenders in jail by contract, and trends in private prison utilization. Discussion followed regarding the shifting of populations between jails and prison.

Mr. Vance Roper, Joint Budget Committee Staff, addressed questions about jail utilization. Discussion continued regarding the shifting of offender populations between jail and prison. Discussion ensued regarding committee recommendations under SB 19-259.

The committee recessed.

The committee returned to order. The committee discussed the activities of the ad-hoc working groups formed by the committee, with Representative Gonzales-Gutierrez and Ms. Gorman discussing a working group formed around direct files and juveniles. Discussion followed regarding the recommendations of this group.

Mr. Bo Pogue, Legislative Council Staff, and Mr. Michael Dohr, Office of Legislative Legal Services, explained the interim committee process for requesting draft bills.  Mr. Pogue responded to questions regarding when the draft bills will be made available to the committee members.  Representative Gonzales-Gutierrez moved to draft a bill to expand the juvenile Community Accountability Program (JCAP).

The committee recessed.

The committee returned to order. Representative Gonzales-Gutierrez withdrew her previous motion.  Representative Gonzales-Gutierrez moved to request a draft bill concerning expanding the JCAP program and transferring the cases of low-functioning adults in the 18-24 year-old age group to juvenile court.  The committee discussed the proposal. The request for a draft bill was approved 4-1 with Representative Pelton voting in the negative and Senator Sonnenberg excused.

Ms. Donner discussed a proposal to draft a bill to address various issues such as reform of escape laws, work release options, issues related to Senate Bill 19-143, a one-for-one reduction of private prison bed usage, gender-specific programming, more flexibility for DOC in the use of earned time, and use of Centennial Correctional Facility-South. The committee discussed the proposal. Discussion ensued regarding the possibility of reforming offender earned time. Discussion followed regarding wages paid to offenders in DOC. Mr. Roper returned to offer input on the proposal. Discussion returned to the merits of the proposal, including the potential closure of private prisons. Discussion turned to the potential title for the proposal. Mr. Dohr returned to discuss title issues. Director Tapia discussed reduction of the reliance on prisons. Executive Director Williams discussed potential ways to allow offenders to complete their sentences outside the confines of a prison. A motion to draft the discussed proposal passed 4-1, with Representative Pelton voting in the negative and Senator Sonnenberg excused.  Discussion followed regarding the stakeholders who will work on the bill.

The committee discussed the flow of data within state agencies concerning the offender population.  Mr. Roper provided input on the discussion. Sen. Gonzales requested that a bill be drafted to require a systems flow analysis be conducted within the Judicial Branch and the Department of Corrections. The motion passed 5-0.

District Attorney Dougherty discussed furthering efforts to look into the potential for sentencing reform.