P. 1
HR 13-1264: Repeal of the Death Penalty

HR 13-1264: Repeal of the Death Penalty

|Views: 37|Likes:
The death penalty is currently available in Colorado for defendants convicted of a class 1 felony. This billwould repeal the death penalty for offenses committed on or after July 1, 2013.
The death penalty is currently available in Colorado for defendants convicted of a class 1 felony. This billwould repeal the death penalty for offenses committed on or after July 1, 2013.

More info:

Published by: Senator Mike Johnston on Mar 27, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

09/06/2013

pdf

text

original

Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM
HR 13-1264 Repeal of the Death Penalty Reps. Levy, Melton, Priola & Sens. Guzman, Carroll Staff Name: Amanda Levin What the Bill Does: The death penalty is currently available in Colorado for defendants convicted of a class 1 felony. This bill would repeal the death penalty for offenses committed on or after July 1, 2013. Colorado Context: Between 1999-2010, there were 557 first-degree murder cases.1 The death penalty was an option in approximately 92 percent of first-degree murders, but only sought by prosecutors in three percent of cases, pursued through sentencing in only one percent of cases, and imposed in just. 0.6 percent of cases.2 Colorado last executed a prisoner in 1997.3 The state currently has three people on death row, none of whom will be affected by the law.4 The death penalty system is far more expensive than an alternative system in which the maximum sentence is life in prison.5 For a single death penalty trial, the state may pay $1million more than for a non-death penalty trial.6 Given the fact that so few death penalty trials result in the death penalty sentence, the cost of each death sentence is actually far higher. Most states have not even tried to calculate the costs, but the few that have illustrate the high cost: in California, a study from 2008 found that the state was spending $137million per year on the death penalty, and estimated that a comparable system that sentenced the same inmates to a life in prison without parole would cost only $11.5 per year;7 in New York, the state has spent about $170milion over nine years on the death penalty and had no executions, leading it to abolish the death penalty sentence.8
1

Justin Marceau & Sam Kamin, Colorado Capital Punishment: An Empirical Study, University of Denver Sturm College of Law, Working Paper NO. 13-08, Jan. 13, 2013, at 31, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2210040#%23. 2 Death Penalty Information Center, Studies: Colorado’s Dealth Penalty Applied Arbitrarily, 2013, http://www.deathpenaltyinfo.org/category/categories/states/colorado. 3 The Pueblo Chieftain, Three inmates jailed on death row; Colorado has not executed a prisoner since 1997, Tracy Harmon, July 24, 2012, http://www.chieftain.com/news/metro/three-inmates-jailed-on-death-row-colorado-has-notexecuted/article_4e7b7b1e-d543-11e1-a19e-001a4bcf887a.html. 4 Id. 5 Death Penalty Information Center, Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis , Oct. 2009, at 14, http://www.deathpenaltyinfo.org/documents/CostsRptFinal.pdf. 6 Id. 7 Id. 8 Id.

DRAFT 3/27/2013 1:57 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

National Context: There are 33 states that allow the death penalty.9 Seventeen states have abolished the death penalty.10 There is a trend in state governors supporting the idea of a bill that repeals the death penalty, including: Gov. Mike Beebe (AR), Gov. Martin O’Malley (MD), Gov. Maggie Hassan (NH), Gov. John Kitzhaber (OR). Governors from Ohio and Kansas also have severe reservations about the death penalty.11 “The death penalty is inefficient and extravagantly expensive. . .Spending scarce public resources on afterschool programs, mental health care, drug and alcohol treatment, education, more crime labs and new technologies, or on hiring more police officers, would truly help create safer communities.” –Norm Stamper, 35-Year-Veteran Police Officer; Chief of Police (ret.), Seattle.12 Eighteen people have been proven innocent and exonerated by DNA testing after serving time on death row. They served a combined 229 years in prison.13 Bill Provisions:  Repeals the death penalty for all offenses committed on or after July 1, 2013.  For any person sentenced to a felony committed after July 1, 2013, felonies are divided into six classes, distinguished from one another by the following presumptive ranges of penalties: Class 1 2 3 4 5 6 Minimum Sentence Life imprisonment 8 years imprisonment 4 years imprisonment 2 years imprisonment 1 year imprisonment 1 year imprisonment Maximum Sentence 24 years imprisonment 12 years imprisonment 6 years imprisonment 3 years imprisonment 18 months imprisonment Mandatory Period of Parole None 5 years 5 years 3 years 2 years 1 year

Fiscal Impact: The Colorado Legislative Council estimates there will be a fiscal impact of a reduction of $247,319 for FY 2014-2015, because of the difference in costs between a declared death penalty class 1 felony case and a non-death penalty class 1 penalty case. Potential savings will not start until FY 2014-2015 because current cases, appeals, and those crimes that were discovered, charged or convicted before July 1, 2013 will continue to require similar resources for at least one year.

9

Death Penalty Information Center, 2013, http://www.deathpenaltyinfo.org/states-and-without-death-penalty. These states are: AL, AZ, AR, CA, CO, DE, FL, GA, ID, IN, KA, KT, LA, MD, MS, MO, NE, NV, NH, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WY. 10 Id. These states are: AK, CT, HI, IL, IA, ME, MA, MI, MN, NJ, NM, NY, ND, RI, VT. 11 Death Penalty Information Center, The Changing Face of the Death Penalty in American Politics , 2013, http://www.deathpenaltyinfo.org/category/categories/states/colorado. 12 Death Penalty Information Center, Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis, Oct. 2009, at 15, http://www.deathpenaltyinfo.org/documents/CostsRptFinal.pdf. 13 The Innocence Project, The Innocent and the Death Penalty, http://www.innocenceproject.org/Content/The_Innocent_and_the_Death_Penalty.php.

DRAFT 3/27/2013 1:57 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->