Corrections - Digest of Bills

Digest of Bills - 1995

CORRECTIONS

S.B. 95-100 Denial of privileges - filing of lawsuits without justification. Requires the department of corrections or its agent to deny privileges for up to 120 days to any person convicted of a crime and confined in a state correctional facility or a facility housing adult offenders if such person files a lawsuit against the state or any state government official, officer, employee, or agent and a state or federal court finds that the action or any part thereof lacked substantial justification, was baseless or malicious, or was interposed for harassment. Authorizes a county to deny privileges under similar circumstances for a period of up to 120 days to any person convicted of a crime and confined in any county jail.

Prohibits the denial of privileges to a person if the court determines a lawsuit was asserted in a good faith attempt to establish a new theory of law in Colorado. Authorizes the department of corrections or its agent or a county to determine not to deny privileges to a person if a voluntary dismissal of the action is filed within a reasonable time after the person filing the dismissal knew or reasonably should have known that he or she would not prevail in the action.

APPROVED by Governor April 21, 1995
EFFECTIVE July 1, 1995

H.B. 95-1047 Action for reimbursement of cost of care - financial considerations. Allows a plaintiff in an action to recover the cost of an offender's care to bring the action based upon a showing that the offender's financial condition has changed since sentencing.

APPROVED by Governor March 9, 1995
EFFECTIVE July 1, 1995

H.B. 95-1064 Regimented inmate training program - transitional programs for graduates. Requires that a motion for reduction of sentence filed by a graduate of the regimented inmate training program ("boot camp") shall be given priority by the sentencing court. Makes offenders with sentences of 6 years or less who successfully complete boot camp eligible for placement in a community corrections program and participation in a structured, transitional discipline program in such community corrections program. Authorizes placement in the intensive supervision program of an offender who successfully completes the community corrections program and whose sentence has not been completely served.

Applies to offenders sentenced on or after the effective date.

APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995

H.B. 95-1131 Community corrections programs - reporting requirements. Requires program administrators of community corrections programs to report on offenders who have escaped from such programs. Directs community corrections boards to monitor and evaluate community corrections programs based on audit reports and reported escape rates for community corrections facilities involved in the programs.

Requires the division of criminal justice to make recommendations to the program administrators and the community corrections boards concerning programs in the jurisdiction of such boards that are not in compliance with standards. Authorizes the division of criminal justice to notify appropriate law enforcement agencies about offenders who have escaped from custody.

APPROVED by Governor March 23, 1995
EFFECTIVE March 23, 1995

H.B. 95-1352 Privatization of state correctional facilities and services - review of inmate classification instrument - waiver of program plan review - parole revisions - alternative sentencing - expansion and construction of facilities - appropriation. Directs the department of corrections to adopt rules and procedures for the issuance of requests for proposals for the privatization of correctional facilities. Requires the executive director of the department of corrections to report annually to the speaker of the house and the president of the senate regarding privatization, including a comparison of recidivism rates at state and private facilities. Describes the principles governing any contract for privatization. Precludes the public and inmates from attaining third-party beneficiary status under a privatization contract. Specifies that inmates in private facilities are in the legal custody of the department of corrections. Provides that a contract shall not be construed to authorize contractors to take certain actions, including classifying, transferring, or disciplining inmates or making decisions that impact earned time. Incorporates safeguards in the event of contract violations and terminations, including arrangements for the department of corrections to operate a private correctional facility in the event of a contract termination or other such circumstances. Authorizes background checks of potential employees of a private correctional facility. Expressly states that these provisions do not apply to contracts with counties for housing backlogged state inmates. Directs the executive director of the department of human services to adopt rules and implement a process to issue requests for proposals and privatization contracts for juvenile facilities, which contracts are consistent with the provisions applicable to the department of corrections.

Requires the division of criminal justice in the department of public safety to contract with an independent evaluator to analyze the department of corrections' inmate classification instrument and to make recommendations to the department of corrections concerning adjustments to the instrument that ensure more appropriate classifications that will result in more accurate prison needs projections. Provides for a report on the analysis to be submitted to the joint budget committee, the capital development committee, and the judiciary committees no later than November 1, 1995.

Authorizes the state board of parole to contract with licensed attorneys to serve as administrative hearing officers to conduct parole revocation hearings. Permits parolees to waive the 5-day notice requirement for final decisions of the state board of parole.

Permits the capital development committee, with the consent of the joint budget committee, to waive the requirement, for a specified portion of a construction project, that the department not begin construction of any facility until after the review of the facilities program plans for the project by the joint committee (made up of the capital development committee and the joint budget committee). Provides that such waiver does not constitute a waiver of the joint committee's right to provide comments and suggestions concerning that portion of the project. Authorizes joint committee review of the facilities program plans for any juvenile facility, not just juvenile detention facilities.

Expands intensive supervision probation programs by 750 participants over a period of 3 years. Requires the executive director of the department of corrections to refer certain inmates for placement in community corrections programs. Authorizes the placement of certain inmates who have been approved for community corrections programs in an intensive supervision parole program.

Authorizes the department of corrections to commence planning for the construction of a multiple-custody level facility at Sterling. Subject to review by a joint committee of the joint budget committee and the capital development committee, directs the department to commence planning for the renovation of the Pueblo minimum center, renovation and expansion of the Arrowhead correctional center, expansion of the Fremont correctional facility, expansion of the Colorado Territorial correctional facility, expansion of the Four Mile correctional center, expansion of the Rifle correctional center, expansion of the San Carlos correctional facility, and for the construction of a multiple-custody level facility at Trinidad. Authorizes the department to perform certain health and life safety projects. Permits the department of corrections to alter the custody levels of no more than 5% of the beds at any facility.

Requires a court to consider sentencing certain nonviolent offenders to community corrections, home detention, or a specialized restitution and community service program.

Makes appropriations for such renovations and expansions and for the specified health and life safety projects. Makes appropriations for the consultant hired to review facilities program plans, for the independent evaluator hired to review the department of corrections' inmate classification instrument, and for certain increases in operational costs associated with the expansions. Declares the intent of the general assembly to make the future appropriations required for the intensive supervision probation program expansion, the Sterling expansion, and the San Carlos expansion if such projects meet the statutory requirements and are approved pursuant to the established joint committee review process. Makes appropriations for the construction of additional juvenile detention and commitment beds.

APPROVED by Governor June 5, 1995
EFFECTIVE June 5, 1995

H.B. 95-1353 Agreements for housing state prisoners - multiple-year financial obligations authorized. Refers to the voters a provision that authorizes the state to enter into financial obligations as part of contracts or agreements for the placement of juvenile or adult state prisoners in nonstate facilities for up to but not more than 10 years. Exempts contracts with local jails for backlogged state prisoners from the provision. Provides for the question to be submitted to the voters and to take effect only if approved by the voters. Provides that such vote is sufficient to comply with the requirements of the constitution concerning the creation of multiple-fiscal year financial obligations.

REFERENDUM submitted to the voters
EFFECTIVE upon the Governor's proclamation or thirty days after a canvas of the votes is completed, whichever occurs earlier.