Corrections - Digest of Bills

Digest of Bills - 1994

CORRECTIONS

S.B. 94-18 Denver reception and diagnostic center - juvenile correctional institution - relocation of inmates. Permits the department of corrections to use facilities other than the Colorado mental health institute at Pueblo to house adult inmates relocated from the Denver reception and diagnostic center to provide space for a juvenile correctional institution at said center.

APPROVED by Governor April 14, 1994
EFFECTIVE April 14, 1994

S.B. 94-143 Cost of care for adult and juvenile offenders - actions to recover. Requires a court to order that adult and juvenile offenders make payments toward the cost of care as appropriate and sets standards for the court to determine the amount of such payments.

Requires that an offender's presentence report include information regarding the offender's ability to pay all or part of the cost of care, and repeals provisions relating to the collection of financial data from offenders after sentencing.

Repeals and reenacts the article which provides for actions to recover the cost of care based on acquisition of an offender's financial information in the presentence report. Covers reimbursement for cost of care both in state correctional facilities and county jails. Increases the number of entities which may file an action to recover the cost of care. Requires the plaintiff in such an action to demonstrate that the offender substantially misrepresented the offender's financial condition to the sentencing court. Establishes what the court shall consider in ordering an offender to make cost of care payments. Allows the court to order an offender to pay the costs of an action to recover the cost of care. Defines "offender" as a person confined to a correctional facility, a local jail, or home detention, a person placed on probation, or a person placed on parole by the state board of parole. Repeals provisions for recovering the cost of care for persons confined to county jails.

APPROVED by Governor May 25, 1994
EFFECTIVE July 1, 1994

S.B. 94-172 State board of parole. For noncriminal violations of parole, authorizes the state board of parole to revoke parole for a specified period of time and to send the inmate to a community corrections facility, a facility within the department of corrections, a county jail, or a private facility operated under contract to the department of corrections. Specifies that placement of the inmate in a community corrections program is subject to approval by the community corrections board.

Increases from 2 to 3 the number of consecutive terms that each member of the state board of parole may serve after the initial term. Specifies that any member who is appointed to fill a vacancy on the board and serves at least half of a term is considered to have served a full term.

Authorizes the chairperson of the state board of parole to appoint an administrative law judge from the department of administration, rather than a private attorney, to conduct parole revocation hearings.

Authorizes the state board of parole to reconsider parole applications only once every 3 years, rather than annually, if the inmate applying for parole was convicted of a class 1 or class 2 crime of violence, a class 3 sexual offense, or a habitual criminal offense or if the inmate received an indeterminate sentence for a sexual offense.

Expands the definition of "inmate" to include a person placed on parole for purposes of the "State Prison Inmate Care and Custody Reimbursement Act". Repeals one of the sections specifying parole hearing notice rights as being repetitive of other sections. Specifies that the department of corrections has responsibility for sending notice of a parole hearing. Specifies that parole hearings may be held in any facility suitable to the board.

APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994

H.B. 94-1099 Division of correctional industries - enterprise status. Designates the division of correctional industries as an enterprise for purposes of section 20 of article X of the state constitution (Amendment #1) so long as it satisfies the requirements for such status. Authorizes the division to issue revenue bonds not to exceed a specified amount after approval by the correctional industries advisory committee and the general assembly. Establishes procedures and requirements for bond issuance.

APPROVED by Governor March 22, 1994
EFFECTIVE March 22, 1994

H.B. 94-1158 Correctional facilities - restriction of privileges. Requires the department of corrections to deny the privileges of persons confined in certain state correctional facilities who do not perform any available labor, participate in any available educational or work program, or undergo any available counseling required by the department. Identifies that such privileges shall include, but shall not be limited to, television, radios, entertainment systems, cigarettes, and access to snacks. Authorizes the department to allow such privileges if a person is physically unable to perform labor, participate in an educational or work program, or undergo counseling. Clarifies that such labor, educational or work programs, counseling, and privileges are not granted as a right.

APPROVED by Governor May 25, 1994
EFFECTIVE July 1, 1994

H.B. 94-1201 Community corrections programs - time credits. Establishes uniform standards for granting time credits to offenders sentenced directly to community corrections programs by the sentencing court.

Applies to offenders sentenced directly to community corrections programs on or after the effective date of the act.

APPROVED by Governor April 28, 1994
EFFECTIVE April 28, 1994

H.B. 94-1217 Panel of medical consultants - appointment. Directs the executive director of the department of corrections, upon the recommendation of the department's chief medical officer, to appoint a panel of medical consultants and to determine the membership of the panel based on the medical and surgical needs of the department. Specifies that the executive director shall determine the qualifications for appointment and requires that all panel members be licensed by the state board of medical examiners. Provides for the compensation of panel members asapproved by the executive director.

Directs the panel members to act as medical consultants to the department with respect to persons receiving services from certain correctional facilities. Entitles the member of the panel of medical consultants to all of the protections of the "Colorado Governmental Immunity Act" for all activities performed within the course and scope of a member's responsibilities.

APPROVED by Governor April 20, 1994
EFFECTIVE April 20, 1994

H.B. 94-1288 Inmates - access during week of execution - correctional facilities - transfer of inmate records - clarification of statutory references. Specifies that during the week of an execution, access to an inmate sentenced to death shall be permitted in accordance with prison rules. Requires such rules to provide for access to the inmate by specified persons.

Removes the requirement that inmates who are transferred be accompanied by a complete set of records. Requires that such inmates be transferred with relevant medical records and any other record necessary and relevant to the nature and length of the transfer. Repeals the criminal penalty for failure to transfer inmate records.

Clarifies statutory references to redefine "diagnostic center" to reflect the center's location within the city and county of Denver. Changes the references "director" and "warden" to "superintendent" when referring to the administrative head of a correctional facility.

APPROVED by Governor April 7, 1994
EFFECTIVE July 1, 1994

H.B. 94-1340 State criminal justice facilities - construction of additional beds and new facilities - population forecasting - appropriations. Based upon the projected correctional facility need over the next 5 years, provides for the construction of the following new beds and makes the appropriations therefor during the 1993-94 fiscal year from the capital construction fund: 250 close security beds at the Colorado state penitentiary; 180 minimum security beds at the Delta correctional facility; 248 women's beds at the Denver reception and diagnostic center; and 300 youth offender system beds at the Colorado mental health institute at Pueblo. In addition, provides for the construction of 500 new medium security beds and for the provision of additional minimum security beds, either through contract with nonstate facilities, through construction of state beds, or a combination thereof, and makes appropriations therefor during the 1994-95 fiscal year. Authorizes the construction of a total of 228 beds in youth detention facilities, with 108 beds in Arapahoe County, 60 beds in the city and county of Denver or the metro area, and 60 beds in the northeast area of the state, using the appropriation made during the 1993 special session and an additional 1993-94 fiscal year appropriation. Also makes an appropriation for the 1994-95 fiscal year from the capital construction fund for an additional 70 youth detention beds in El Paso county, Grand Junction, and Pueblo.

To provide additional moneys to the capital construction fund for the construction of these facilities, makes an appropriation from the general fund to the capital construction fund for approximately $36.1 million for the 1993-94 fiscal year and increases the statutory transfer from the general fund to the capital construction fund for the 1993-94 fiscal year by approximately $47 million and for the 1994-95 fiscal year by approximately $59.7 million.

When appropriations are made for the construction of either correctional facilities or youth detention facilities, provides that no construction can begin until the facility plans have been reviewed by the capital development and joint budget committees of the general assembly acting jointly. Allows the general assembly to contract with a consultant to assist the committees in their review of construction plans and makes an appropriation therefor for the 1994-95 fiscal year.

To insure adequate contract administration for the correctional facility and juvenile detention facility projects authorized, allows the department of administration to contract with one or more persons or firms to provide contract administration and oversight of contractors and other project management services and makes an appropriation for the 1994-95 fiscal year from the general fund to the department of administration through an adjustment to the long bill.

Repeals and relocates the authority in the 1990 Session Laws for the executive director of the department of corrections to contract for up to 300 beds in preparole facilities at a cost of $40 per bed per day and places it in statute, but increases the number of beds to 386 and the cost per day per bed is to be established annually by the general assembly in the long bill.

Makes the director of research of the legislative council responsible for prison population forecasting for the general assembly, including juvenile offender populations, and for reviewing bills that affect prison sentencing and providing the general assembly with information on the long-term fiscal impact of each bill and makes an appropriation therefor for the 1994-95 fiscal year. Directs the departments of corrections and institutions, the division of criminal justice in the department of public safety, and the state court administrator to provide information concerning population projections and other related data.

Makes an appropriation for the 1993-94 fiscal year for the provision or replacement of fire alarm and smoke detection systems and for the addition of required exits at specified correctional facilities.

APPROVED by Governor May 9, 1994
EFFECTIVE May 9, 1994