COLORADO JUSTICE REPORT

2011 Legislative Session continued from page 3

CCJRC Wants to Thank Carol Peeples
CCJRC wants to let you know that Carol Peeples, CCJRC’s re-entry coordinator,
has decided to move on to new adventures. I’ve worked with Carol for over 6 years
and her contributions have been so significant, not just for CCJRC, but for the larg-
er movement for criminal justice reform. Carol was the driving force behind the first
voting project to educate people with criminal records about their right to vote and
she also spearheaded several bills during the legislative session that helped to
increase employment opportunities for people with a criminal record. Of course, it
was Carol’s leadership and commitment that enabled CCJRC to publish the first re-
entry guide in Colorado, Getting On After Getting Out in 2007 and the updated ver-
sion which was released in February 2011.
All of us at CCJRC thank Carol and wish her the best of luck in her new endeav-
ors. CCJRC will continue her legacy of work to reduce barriers to successful re-
entry. If you’d like to send an email to Carol with your well wishes, please send it to
ellen@ccjrc.org and we will forward it on to her.
CCJRC Welcomes New Staff
Ellen Toomey-Hale is CCJRC’s Finance & Development Coordinator. She received
her Bachelor’s Degree in Criminal Justice and her law degree from Temple
University Law School. She served for three decades in Colorado’s juvenile justice
system as a probation officer, deputy district attorney, guardian ad litem, defense
counsel, and district court magistrate. She was an adjunct professor at the
University of Northern Colorado, Aims Community College, and the Aims Police
Academy. As a Court Faciliator she gained invaluable expertise in child welfare
and co-authored, with CCJRC’s Executive Director, Parenting from Prison: A
Resource Guide for Incarcerated Parents which was published in 2001. She has
volunteered with Kairos Prison Ministry at the Denver Women’s and Sterling
Correctional Facilities. She has an extensive background in nonprofit develop-
ment, served on many non-profit boards, national and international mission teams,
and still believes one person can change the world. She is a passionate child
advocate who is intent on improving Colorado’s criminal justice system.
John M Riley joined the CCJRC Board of Directors in 2007 and served as its
president from Jan 2009-Dec.2010. John accepted a position with CCJRC as the
Coalition Coordinator in Jan. 2011. John retired as the Director of Special Projects
from the Colorado Division of Youth Corrections (DYC) after 30 years of
correctional employment in Ohio and Colorado. John worked in secure facilities,
community correction facilities, assessment units, and as a parole counselor. He
was the Director of Foxfire Juvenile Boot Camp, Adams Youth Service Center and
Platte Valley Youth Service Center. He was an advisor on the State of Colorado
Personnel’s Correctional Services Study of DYC and the Department of
Corrections. Additionally, he was the Developmental and Transition Manager for
DYC in the development of CO Trails. He is a founding member of the Committee
A unique and FREE opportunity to learn from international speakers about effective
on Minority Youth Equality, former Vice-President of the Colorado Chapter of
restorative justice programs proven to effectively enhance public safety and assist
Blacks in Criminal Justice, and was Chair of the Public Safety Committee for the
Inter-Neighborhood Cooperation (INC). John is a Board Member of the
Redemption Fellowship, a missionary church of Trinity United Methodist Church for
the homeless, drug addicted and “Returning Citizens”. John is committed to
reducing the use of mass incarceration in Colorado. John’s simple goal is to shrink
the size of Colorado criminal justice systems and move the savings to treatment,
(SB 176 continued) not be able to be placed in administrative segregation purely for protec-
tive custody reasons, although an inmate may request placement in administrative segrega-
tion which would only be approved by the executive director under extraordinary circum-
stances. After the first thirty days, inmates in administrative segregation would be eligible for
earned time if criteria were met regarding things like program and behavioral compliance.
Also narrows the definition of a member of a security threat group for purposes of placement
in administrative segregation. Specifies that any cost-savings in the bill be allocated for serv-
ices and programs for inmates that are viable alternatives to administrative segregation.
Status: Introduced on 2/21 and assigned to the Senate Judiciary Committee; hearing not yet
scheduled.
Criminal Justice bills that have died
HB 1029: Concerning Locations At Which Drug Sales Implicate The Special Offender
Statute
Sponsors: Rep. Labuda
CCJRC position: Oppose/priority
Summary: The bill would add libraries and community corrections programs to the list of
locations at which a conviction for drug sales is subject to drug special offender sentencing.
The special offender statute increases the penalty for drug sales in a “protected zone” to a
class 2 felony.
Status: Postponed Indefinitely (died) in the House Judiciary Committee on a vote of 9-2 on
2/3/11.
HB 1135: Concerning the Transfer of the Regulation of Bail Bonding Agents From the
Division of Insurance to a Newly Created Regulatory Board
Sponsors: Rep Casso
CCJRC position: Oppose
Summary: The bill relocated regulation of bail bonding agents from the division of insurance
to a newly created “state bail bonding agent board” under the division of registrations within
DORA. The new state bail bonding agent board would be comprised of seven people appoint-
ed by the Governor and including: one law enforcement officer, one attorney, one judge, and
four bail bonding agents. The bill also increases the minimum prelicensure education
required to 480 hours to qualify for initial licensure as a bail bonding agent.
Status: Postponed Indefinitely (died) in House Judiciary Committee on 2/15/11
SAVE THE DATE
May 13, 2011
8:00 a.m. until 5:00 p.m.
St Andrew United Methodist Church
3350 White Bay Dr., Highlands Ranch, CO 80126
The Colorado Department of Corrections with the support of the Sex Offender
Management Board Criminal Defense Bar Subcommittee presents:
sex offenders reentering the community
For further details and registration information please contact Jennifer Bell at the
Colorado Criminal Defense Bar at jbell@yahoo.com or
303-839-5837
Winter /Spring 2011
QUARTERLY NEWSLETTER OF THE COLORADO CRIMINAL JUSTICE REFORM COALITION
1212 Mariposa St., #6, Denver, CO 80204 Founded in 1999, CCJRC is a network of organizations, faith
303-825-0122 communities and individuals working to reverse the trend of
www.CCJRC.org info@ccjrc.org
mass incarceration in Colorado.
2011 Legislative Session Getting On After "after thirteen years
The 2011 legislative session kicked off on January 12th and it’s going to be an active session
for criminal justice bills. The Republicans have a majority in the House of Representatives Getting Out in prison, without any
(33-32) and the Democrats have a majority in the Senate (20-15), committee chairs and vice
outside help, I
chairs are Democrats. You can find out more information on the General Assembly website
at www.leg.state.co.us. CCJRC also has information on how to find out who your elected offi-
cials are, how a bill becomes law, and how to track a bill through the legislation session on
Second Edition believe this book will
our website at http://www.ccjrc.org/legislative-info.shtml
is Published! help me to succeed."
Because our next newsletter won’t come out until June, we will be relying exclusively on
email to send out action alerts to our members as bills come up for a vote. If you aren’t on
our email list, please contact Ellen at ellen@ccjrc.org. The following is information on some These are just some of the comments we received from people in prison about
of the criminal justice reform bills being considered in the 2011 session. We anticipate that Getting On After Getting Out, the first edition.
several more will be introduced later in the session. Only bills that have already been intro-
duced have a bill number. The following information is current as of 2/28/11.
"Thank you for helping those incarcerated that are truly changed and just want a
chance to prove themselves."
The budget for next year will be one of the biggest issues as the state must cut $1.1 billion.
The Governor’s budget proposal included the closure of Ft. Lyon Correctional Facility for an
annual savings of about $8 million. The legislature must approve the proposal and the "This book's contents is worth so much more than even you realize, it's very help-
Southern Colorado community is currently opposing this opportunity to close a prison in order ful information."
to save jobs.
"....I'd like to say thank you for your care and your concern."
Colorado Commission on Criminal & Juvenile Justice
"...could I possibly receive a book because I am paroling homeless?"
The following bills are based on recommendations approved by the Colorado Commission on
Criminal & Juvenile Justice. "Very well done, extremely informative…I will definitely use this information for my
betterment and transition to my future…"
SB 96: Concerning Excluding A Class 6 Felony Drug Possession Conviction As A
Qualifying Offense Under The Habitual Offender Statute
"I would like a copy of your "GO" Guide. I read part of one and would like to get one
Sponsors: Senators Steadman, Bacon, Carroll, Giron, Guzman, Hodge, Hudak, Jahn, King
K., King S., Mitchell, Morse, Newell, Nicholson, Roberts and Representatives McCann, for myself. I don't want to be one of the "returned to prison" statistics…"
DelGrosso, Ferrandino, Levy, Nikkel
CCJRC position: Support/priority We have put 15,000 copies of our second edition into the prisons statewide and
5,000 copies went to parole and halfway houses because of the funding that we
Summary: A person convicted of a class 6 felony for drug possession will not be received. Please ask your case manager, re-entry specialist or parole officer for a
sentence under the habitual offender statute. free copy of the book. Copies of the new re-entry guide are available for $10 (plus
Status: Passed unanimously in the Senate (2/18); was introduced in House and assigned to $2.50 s/h). You can order through the website, by mail or by phone.Give us a call
House Judiciary Committee.
Legislative session continued on page 2 at 303-825-0122

Non-Profit Org.

Permit No. 808

K-12, and college/vocational programming.

Denver, CO
U.S. Postage

PAID
Crowley Closing to Colorado Prisoners
q YES! I want to join CCJRC and help stop perpetual prison expansion in Colorado. In November 2010 the California Department of Corrections signed a contract with Corrections
Enclosed is my tax-deductible annual membership or additional contribution: Corporation of America (CCA) to relocate 3256 prisoners to private prisons in Minnesota and
in Colorado in 2012. The Crowley facility in Olney Springs will house
Annual membership dues: up to 1600 prisoners.
q Individual: $35 q Low income/student/senior: $12

Colorado Criminal Justice Reform Coalition

q Household: $50 q Prisoner: $3 (or equivalent in postage stamps) Colorado’s prisoners will have to be moved elsewhere. We do not believe that CCA and
q Sustainer: $100+ CDOC will try to mix populations from two different states in the same facility although there
are not currently enough beds in state facilities to handle the influx. CCA does own the prison
q My check is enclosed (made payable to CCJRC) in Walsenburg that closed in April so this decision may lead to reopening of the Huerfano
q Please charge my credit card: Correctional Facility. That prison has the capacity to handle about 800 prisoners.
q Visa q Mastercard q Discover q American Express
qonce qmonthly qquarterly
The only comment of the anticipated move during the DOC’s budget briefing at the Joint

Chang e Ser vices Requested

Name_____________________________________Signaure___________________________
Home Street Address___________________________________________________________
City ______________________ State ______ ZIP ___________ Phone _____________
Email _____________________________________ FAX ___________________________
Credit Card # _______________________________________ expires________
I WA N T T O B E A C C J R C F R E E D O M F I G H T E R !
Please charge my credit card monthly for $___________.
Budget Committee was a mention that the Colorado Department of Corrections was still in
negotiations with CCA, and the official statement from the information officer was that they had
not had time to discuss it but had until 2012 to come up with a “good solid plan.”
1212 Mariposa St., #6
Denver, CO 80204
CCJRC opposes the use of private prisons in our state and hopes that the Colorado
Department of Corrections will be thoughtful when evaluating the options that are available.
We still have thousands of people in Colorado who are past their Parole Eligibility Date who
could be released. There are also treatment options for people struggling on parole and alter-
native sanctions for people at risk of revocations. Many strategies could be employed that
would certainly create bed space and lessen the need for those private prison beds. Recycle
for our
Earth’s

Please return this form to:

CCJRC, 1212 Mariposa St., #6, Denver, CO 80204 CCJRC is a member of Community Shares. sake.
Ask your employer about work-place giving!
4 CCJRC • Winter/Spring 2011 1 CCJRC • Winter/Spring 2011
2011 Legislative session continued from page 1
HB 1064: Concerning A Parole Presumption Pilot Program for Certain Drug Offenders
Sponsors: Representative Waller and Senator Steadman
CCJRC position: Support/priority
Summary: The bill creates a pilot program establishing a presumption in favor of granting
parole for an inmate who is parole-eligible and serving a sentence for a drug use or drug pos-
session crime that was committed prior to August 11, 2011. The inmate must meet other crite-
ria related to previous criminal behavior and institutional behavior to be eligible for the pre-
sumption. Once the inmate is eligible for the presumption, he or she must have a parole hear-
ing within 90 days. The chair of the parole board shall provide an annual report to the judiciary
committees regarding the presumption.
Status: Was approved on a unanimous vote (11-0) by the House Judiciary Committee on 2/8/11
and will next be heard in House Appropriations Committee.
HB 1167: Concerning The Petition Process For The Sealing of Certain Drug Sponsors: Representatives Fields, Schafer S., Todd, Vigil
Offense Records
Sponsors: Representatives Ferrandino, Levy and Lee and Senators Nicholson and Steadman
CCJRC position: Support/priority
Summary: Under current law, a person convicted of drug use or possession has to wait 10 years
after completion of any sentence (including parole) and meet other eligibility criteria in order to
petition the court to seal the criminal record. Under this bill, the time-line would be staggered
based on the seriousness of offense: 3 years on a petty offense or class 2 or 3 misdemeanor;
5 years on a class 1 misdemeanor; 7 years on a class 5 or 6 felony; and 10 years on any other A defendant may file a motion with the court for relief from any of the above conditions.
drug crime. The district attorney has the right to object to the petition or veto the request for all Status: Passed the House on 2/23/11 and will next be introduced in the Senate.
offenses except petty offenses. Other provisions in current law remain, including that:
• the defendant must not have been convicted of another offense during the
waiting period
• the defendant must have paid all the court-ordered restitution, fines, or fees in
the case to be sealed
Colorado Criminal Justice Reform Coalition
Cosponsors Michelle Alexander’s Appearances in
Colorado
Ms. Alexander has authored an outstanding book with a somewhat controversial
title. Michelle Alexander is the author of The New Jim Crow: Mass Incarceration in
the Age of Colorblindness (The New Press, 2010). This is her first book.
“Michelle Alexander provocatively argues that we have not ended racial caste in
America: we have simply redesigned it. Alexander shows that, by targeting black
men and decimating communities of color, the U.S. criminal justice system func-
tions as a contemporary system of racial control, even as it formally adheres to the
principle of color blindness. The New Jim Crow, challenges the civil rights commu-
nity—and all of us—to place mass incarceration at the forefront of a new move-
ment for racial justice in America.”
Colorado Criminal Justice Reform Coalition, The Veterans of Hope, Iliff School of
Theology, Eclectics, Regis University, University of Denver School of Education and
The Denver Foundation have answered the challenge by sponsoring Professor
Alexander’s appearances in Denver. Professor Alexander spoke at the Sturm
College of Law, the Iliff School of Theology, Park Hill United Methodist Church and
Manual High School from February 22-24 2011.
Michelle Alexander holds joint appointments at Ohio State University with the
Kirwan Institute for the Study of Race and Ethnicity and the Moritz College of Law
where she is an Associate Professor of Law. Professor Alexander has done
research on racial bias in the criminal justice system and successful models of civil
rights advocacy.
Michelle has litigated civil rights cases in private practice, and as director of the
Racial Justice Project at the ACLU of Northern California. She coordinated the pro-
ject’s litigation, media, lobbying, and grassroots organizing work. Michelle
Alexander served as a law clerk on the United States Supreme Court for Justice
Harry Blackmun and on the United States Court of Appeals for the D.C. Circuit for
Chief Judge Abner Mikva. She graduated from Stanford Law School and Vanderbilt
University.
Colorado Criminal Justice Reform Coalition was honored to co-sponsor Ms
Alexander’s appearances in Colorado.
2 CCJRC • Winter/Spring 2011
• the office of the state court administrator must post on its website a list of all
petitions to seal conviction records that are filed with a district court. The bill
prohibits a district court from granting a petition to seal conviction records
until at least 30 days following the posting.
The provisions of the bill apply to convictions entered on and after July 1, 2011. For con-
victions prior to July 1, 2011, the time frames of the bill are applicable but sealing of the
criminal records is available only with the consent of the district attorney and subsequent
court review and approval.
Status: Was approved on a unanimously in House Judiciary Committee on 2/24/11, passed
3rd reading by the full House and will now be heard in Senate Judiciary.
HB 1189: Concerning Bail Bond Conditions For Those Arrested For Subsequent
Substance Abuse Driving Offenses
CCJRC position: Monitor
Summary: For people who have two prior DUI or DWAI convictions and are arrested for a
third DUI or DWAI, the bill requires the court to require as a condition of bond:
• participation in a substance abuse treatment program,
• electronic monitoring
• drug or alcohol testing and
• use of interlock device
HB 1239: Concerning A Requirement to Include Additional Information in Fiscal
Notes For Certain Bills Related to Criminal Offenses
Sponsors: Representative Nikkel and Senator Roberts
CCJRC position: Support
Summary: Would require that additional information be included in the fiscal note on any
bill that creates a new crime or makes changes to the penalty or elements of an offense,
including:
• a description of the new, amended, or additional elements of an existing
crime;
• a statement as to whether the offense proposed can already be charged
under current law;
• a comparison of the crime classification and associated penalties to similar
types of offenses; and
• a summary of the current and anticipated future prevalence of the behavior
that the proposed new crime, or changes to an existing crime, intends to
address
Status: Was approved in the House Judiciary Committee on 2/24/11.
HB 1261: Concerning the Establishment of a THC Blood Content Threshold for the
Purpose of Charging a Person with the Criminal Offense of DUI per se
Sponsors: Representatives Waller and Levy
CCJRC position: Monitor
Summary: Establishes a “per se” violation for driving under the influence of marijuana with
a level of 5 nanograms of THC/mL of whole blood or more at the time of driving or within
two hours after driving as an unclassified misdemeanor traffic offense; amends the express
consent statute to require a blood test if an officer establishes probable cause; amends
administrative laws regarding drivers license revocations and reinstatements to mirror the
impacts of a per se DUI violation; and clarifies that DUI-D per se is a qualifying offense for
multiple driving offenses.
Status: Introduced in the House on 2/14/11 and assigned to House Judiciary Committee
HB 1268: DUI Penalties Revisions
Sponsors: Representative Levy
CCJRC position: Monitor
Summary: Addresses the unintended consequences created by HB 10-1347 for first time
DUI violations.
HB ___: Sex Offender Registration (not yet introduced)
Sponsors: Representative Gardner and Senator Morse
CCJRC position: Support
Summary: Creates a simultaneous termination hearing/de-registration process for juve-
niles and adults with a deferred judgment who are currently eligible for de-registration;
establishes a consistent fee of up to $25 for each registration event; allows annual regis-
tration to occur within 5 business days of the offender’s birthday; allows for 5 business days
to re-register due to changes in life circumstances as specified in statute; adds the county
where an offender completed his/her last registration as a place of trial venue; eliminates
mandatory intensive supervision for failure to register offenses; adds second degree kid-
napping as a sex offenses when the underlying offenses is sexual assault; makes changes
regarding failure to register offenders pursuant to the Adam Walsh Act.
HB/SB ____: Sex Offender Sentencing (not yet introduced)
Sponsors: TBD
CCJRC position: Monitor
Summary: Repeals the mandatory prison sentence for Unlawful Sexual Conduct by Force,
Threat or Intimidation because this penalty is greater than the penalty for Sexual Assault by
Force, Threat, or Intimidation which is a more serious offense; extends the amount of time
available on a deferred judgment and sentence for a sex offense requiring treatment; fixes
an unconstitutional provision regarding judicial fact finding about likelihood to re-offend
unless such a finding is agreed to by the defendant.
2011 Legislation continued on page 3
HB/SB____: Creating a Standardized Mental Illness Screening Instrument (not yet
introduced)
Sponsors: TBD
CCJRC position: Support
Summary: Develop and implement a standardized mental illness screening instrument as
part of the presentence investigation or, if none was completed, at the post-sentence pro-
bation intake.
Other criminal justice related bills
HB 1032: Concerning Restorative Justice
Sponsors: Rep Lee
CCJRC position: Support
Summary: The bill adds restorative justice to the options a court has when imposing an
alternative sentence on an adult instead of incarceration. The bill also directs the DOC to
establish policies and procedures to facilitate victim-offender dialogs if initiated by the vic-
tim and agreed to by the defendant. Also strengthens existing law regarding restorative
justice for juveniles and encourages school districts and charter schools to implement
restorative justice practices as part of their school-based disciplinary program.
Status: Passed by the House Judiciary Committee on 2/24/11.
HB 1053: Concerning Court Proceedings Initiated to Compel A Minor To Attend
School
Sponsors: Rep. Solano and Sen. Steadman
CCJRC position: Support
Summary: As introduced, HB 1053 would have made it discretionary for a school to initi-
ate court proceedings against a child for truancy and would have prohibited the court from
incarcerating a parent for contempt of court in a truancy action. HB 1053 was amended
to encourage school districts to initiate court proceedings to address truancy as a last
resort.
Status: Passed House 2/15/11 and will be heard in Senate Education Committee on
3/3/11.
HB 1085: Concerning Referral of Offenders to Community Corrections
Sponsors: Rep Schafer and Sen Jahn
CCJRC position: Support
Summary: An inmate who has been convicted of a class 1 or class 2 felony for a Crime
of Violence (excluding escape) and has been deferred parole for at least 36 months, may
not be referred by DOC to community corrections until 6 months prior to the next parole
date.
Status: Passed the House and will be heard in Senate Judiciary Committee 3/2/11.
HB 1121: Concerning Disqualification From School Employment For Conviction of
Certain Offenses
Sponsors: Representatives Ramirez, Massey, McNulty, Szabo and Senator K. King
CCJRC position: Oppose/Amend
Summary: A school district, charter, school, or institute charter school would be prohibit-
ed from employing as a non-licensed employee a person who has a conviction for spe-
cific offenses including: felony child abuse, crime of violence, felony involving unlawful
sexual behavior and felony indecent exposure. Creates a five year waiting period from
conviction in order to be eligible for employment in licensed or unlicensed position if such
conviction is for a felony drug offense or a felony assault that involves domestic violence.
Status: Passed House Education Committee and is scheduled to be heard in House
Appropriations Committee on 3/4/11.
HB 1138: Concerning the Sex Offender Management Board
Sponsors: Representatives Gardner B., Barker, Casso, Waller and Senators Morse,
Bacon, Boyd, Jahn, King S.
CCJRC position: Monitor
Summary: The bill extends the sex offender management board (board) for 10 years to
September 1, 2020 and revises the board's duties.
Status: Passed by the House Judiciary Committee and will next be heard in House
Appropriations Committee.
HB 1203: Concerning a Requirement That Private Custodians of Criminal Records
Remove Records From Their Databases When a Court Orders The Criminal
Records Sealed.
Sponsors: Representatives Lee, Ferrandino, Levy, Tyler
CCJRC position: Support
Summary: The bill expands the definition of “custodian of record” to include private enti-
ties that conduct background checks. As a custodian of records, if a private entity is noti-
fied of an order for sealing, the sealed record shall not be included in any background
report provided by the private entity.
Status: Passed House (2/23) and will next be introduced in the Senate.
HB 1256: Concerning Crimes Against An Unborn Child
Sponsors: Waller and Bradford, Balmer, Joshi, Priola, Summers, Barker, DelGrosso,
Gardner B., Murray, Nikkel, Stephens and Senators Steadman, Boyd, King S.
CCJRC position: Monitor
Summary: The bill creates a new article for offenses against pregnant women and their
unborn children. The new offenses are unlawful termination of a pregnancy, vehicular
unlawful termination of a pregnancy, and aggravated vehicular unlawful termination of a
pregnancy. The bill excludes from prosecution medical care for which the mother provid-
ed consent. The bill does not confer the status of "person" upon a human embryo, fetus,
or unborn child at any stage of development prior to live birth.
Status: Assigned to House Judiciary Committee
SB 4: Concerning Crimes Against Homeless Persons
Sponsors: Senators Guzman and Steadman and Rep. Pabon
CCJRC position: Oppose (regretfully)
Summary: Would add homelessness as a status that could trigger criminal charges
under the bias-motivated crimes statute (aka “hate crime” law). Knowingly causing bod-
ily injury (class 5 felony or class 4 felony if the defendant is aided by another), knowing
causes damage to or destruction of property (class 1 misdemeanor), or by words or con-
duct put another in “fear of imminent lawless action” and such words or conduct are like-
ly to produce bodily injury to that person or damage to that person’s property (class 1
misdemeanor). If passed, this bill would require a general fund transfer to corrections
expansion fund of $88,000 in FY 2011-2012 and $156,000 in FY 2012-2013.
Status: Passed Senate Judiciary and Senate Finance Committees and will next be
heard in Senate Appropriations Committee.
SB 44: Concerning The Collateral Consequences of a Conviction
Sponsors: Sen. Steadman
CCJRC position: Support
Summary: The bill would allow an individual to petition the court, with notice to the dis-
trict attorney, for limited relief from a collateral consequence of a conviction or for restora-
tion of rights. The court may grant the relief if the relief will help the individual obtain
employment, housing, public benefits, or occupational licensing, the individual has sub-
stantial need for the relief, and granting the petition would not pose a public safety risk.
The bill also requires the state public defender to identify and publish a collection of the
collateral consequences that are possible in Colorado based on state and federal laws
and regulations. The court, at a defendant’s first appearance and at sentencing, shall
inform the defendant about the possible collateral consequences of a conviction.
Status: Scheduled to be hearing in Senate Judiciary Committee on 3/16/11.
SB 49: Concerning the Use of Prone Restraints on Persons
Sponsors: Sen. Williams and Rep. Ryden
CCJRC position: Monitor
Summary: This bill prohibits the staff of, or contractors for, all state agencies, any state
or local enforcement agency, the Department of Corrections, juvenile probation depart-
ments, and countydepartments of social services from restraining a person with a prone
restraint. A prone restraint is a technique, mainly used by law enforcement officers and
mental health workers, which subdues and controls a person while keeping them in a
face down position. Prone restraint does not include use of reasonable and appropriate
force by a peace officer, guard or detention center employee under certain circum-
stances.
Status: Passed the Senate on 2/28 and will next be introduced in the House.
SB 85: Concerning a Diversion Program for Persons Who Commit Prostitution-
Related Offenses
Sponsors: Sen Shaffer and Rep McCann
CCJRC position: Monitor
Summary: Would permit municipal courts to create a diversion program for people
charged with a prostitution-related offense.
Status: Scheduled to be heard in Senate Judiciary Committee on 3/21.
SB 133: Concerning a Study of Disciplinary Actions Taken in Schools
Sponsors: Senators Hudak and Newell, Foster, Giron, Steadman, Bacon, Jahn, King K.
and Representatives Nikkel, Ferrandino, Gardner B., Kagan, Levy, Waller, Solano
CCJRC position: Support
Summary: Would require the Commission on Criminal & Juvenile Justice to study and
collect data concerning the use of criminal justice sanctions and specified school disci-
pline strategies in the public schools in the state. The Commission will make any rec-
ommendations for legislative changes to the House and Senate education and judiciary
committees by December 15, 2011.
Status: Scheduled to be heard in Senate Judiciary Committee on 3/8/11.
SB 134: Concerning The Addition of Certain Drugs to the Statutory List of
Schedule I Controlled Substances
Sponsors: Sen Kopp and Rep Murray and Vigil
CCJRC position: Amend/Oppose
Summary: Would add “synthetic cannabinoids” (aka Spice/K2) and salvia divinorum to
the statutory list of schedule I controlled substances under the Uniform Controlled
Substances Act.
Status: Scheduled to be heard in Senate Judiciary Committee on 3/9/11.
SB 176: Concerning Appropriate Use of Restrictive Confinement
Sponsors: Sen Carroll and Rep Levy
CCJRC position: Support/priority
Summary: The bill would prohibit the use of administrative segregation for inmates with
serious mental illness or developmental disabilities unless: (1) the inmate poses and
immediate and significant risk of harm to others or the security of the institution and all
other less-restrictive options have been exhausted; and (2) a mental health evaluation
determines that administrative segregation would not exacerbate the inmate’s mental ill-
ness and that therapeutic options have been fully utilized or declined by the inmate. An
inmate may not be housed in administrative segregation if they are within six months of
his or her release date unless the executive director determines that the presence of the
inmate in general population would pose a grave risk of harm to others or the security of
the institution and all other less-restrictive options have been exhausted. Inmates would
2011 Legislation continued on page 4
3 CCJRC • Winter/Spring 2011