Corrections - Digest of Bills

Digest of Bills - 1999

CORRECTIONS
S.B. 99-131 Youthful offender system - continuation - annual report. Extends the repeal date for the youthful offender system in the department of corrections to June 30, 2004. Instructs the department of corrections to submit an annual report that includes an evaluation of the operations of the youthful offender system.

APPROVED by Governor March 15, 1999
EFFECTIVE March 15, 1999

H.B. 99-1068 Community corrections - escapees - forfeiture of credits - repeal - appropriation. Establishes that a person sentenced by a court directly to a community corrections program who escapes from a residential program or fails to report to a nonresidential program forfeits any time deductions that the person may have earned prior to the escape. Directs the administrator of the community corrections program to report to the court within 30 days after an escape or failure to report the amount of time deduction that would have been earned by the person. Repeals the changes effective July 1, 2001.

For the fiscal year 1999-2000, transfers $9,957 from the general fund to the capital construction fund, appropriates said amount to the corrections expansion reserve fund, and appropriates an additional $3,455 from the general fund to the department of corrections.

APPROVED by Governor May 18, 1999
EFFECTIVE July 1, 1999

H.B. 99-1164 Prevention of illegal benefit payments to inmates - notification of state agencies - incentives to report. Requires county sheriffs, the state department of human services, county departments of social services, and the department of labor and employment to develop a system for reporting identifying information about persons confined in local jails and state correctional facilities to agencies that administer workers' compensation and public assistance programs, so that persons who are disqualified from receiving payments while incarcerated can be identified. Requires that a portion of the moneys saved by identifying such disqualified persons be paid as a reward to the sheriff.

APPROVED by Governor May 7, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1317 Department of corrections - executive director - appointment of inspector general and investigators. Authorizes the executive director of the department of corrections ("department") to appoint an inspector general and investigators. Provides that the inspector general and investigators shall have the powers of a peace officer, level Ia.

Directs the inspector general to investigate:

Any crimes, criminal enterprises, or conspiracies originating within the department and any originating outside correctional facilities that are related to the safety and security of correctional facilities;
Any administrative violations, waste or mismanagement of departmental resources, or corruption;
Any criminal violation or act committed within correctional facilities linked to the security of correctional facilities; and
Any illegal drug use by offenders in correctional facilities.

In addition, permits the inspector general to perform all duties that investigators are authorized to perform.

Authorizes investigators:

To investigate violations of state, local, and federal statutes affecting the safe operations of the department;
To investigate criminal acts committed by offenders, employees, contractors or subcontractors, or volunteers or visitors;
To seek out and assist in the arrest of fugitives; and
To conduct preemployment investigations of employees.

Requires each investigator to notify the local law enforcement agency when the investigator intends to investigate within that agency's jurisdiction.

APPROVED by Governor April 30, 1999
EFFECTIVE April 30, 1999

H.B. 99-1353 Private treatment facilities for out-of-state offenders - registration - notification - penalties - repeal - appropriation. Requires the administrator ("administrator") of the interstate compact for out-of-state parolee supervision ("interstate compact") to reject the placement of out-of-state offenders in private treatment programs in Colorado unless the sending state complies with the interstate compact. Prohibits sending states from permitting or encouraging travel by offenders into Colorado prior to the receipt of notification from the administrator of the acceptance of the offender into a treatment program. Requires the sending state to provide written justification why treatment in Colorado is preferable to treatment in the sending state.

Prior to the acceptance or admission of any adult convicted of a crime outside of Colorado into a private residential program providing services or treatment, requires the offender to sign a waiver authorizing the release of confidential information, and requires the program:

To register with the administrator;
If the offender is not under the supervision of a parole or probation officer, to notify the administrator of specified information; and
If the offender is under such supervision, to confirm that the sending state has provided the administrator with the information required by the interstate compact.

Authorizes the administrator to accept or reject the placement of an out-of-state offender subject to the interstate compact pursuant to the criteria established by the interstate compact. Requires the administrator to notify local law enforcement agencies and the Colorado bureau of investigation of all out-of state offenders entering Colorado for treatment. Requires the administrator to notify other states who are parties to the interstate compact of the new requirements established by the act.

Directs local law enforcement agencies to require out-of-state offenders to physically appear to be fingerprinted and photographed. Requires a program providing services to a person convicted of a crime outside of Colorado to immediately notify the local law enforcement agency if such person fails to appear or whenever such person is absent from the facility without authority and to notify the local law enforcement agency at least 7 days prior to the release of any such person from the program.

Makes violation of the provisions of the act by a private treatment program a misdemeanor subject to a $500 fine. Establishes increasing monetary penalties for subsequent violations.

Authorizes the administrator to promulgate rules governing out-of-state offenders who are not under the supervision of a parole or probation officer. Requires specified state departments and agencies to develop proposed legislation concerning the regulation of private facilities that provide treatment or services to out-of-state offenders. Specifies that local governments are not prohibited from enacting their own ordinances and regulations concerning the licensing of these facilities.

Repeals the act, effective July 1, 2001.

Specifies that the act applies to any person convicted or accused of a crime in another state and transferred into this state to participate in a private treatment program on or after the effective date of the act.

Appropriates $28,530 and 1.0 FTE to the department of corrections for implementation of the act. Adjusts the general fund appropriation to the capital construction fund in the annual general appropriations act by $28,530.

APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999