Corrections - Digest of Bills

Digest of Bills - 2001

CORRECTIONS
S.B. 01-15 Youthful offender system - phase III community placement review. For persons in phase III of the youthful offender system ("YOS"), requires the department of corrections to give notice of community supervision placement to the local law enforcement agency for the jurisdiction in which the YOS offender is placed. Describes the notice contents, including the name of the offender, the crime committed, disposition of the case, and basis for placement. Allows the local law enforcement to appeal the placement to the executive director of the department of corrections if the placement is in a jurisdiction other than the offender's home community and other than the jurisdiction where the offender was convicted. Specifies that the executive director of the department of corrections makes the final determination of placement.

APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001

S.B. 01-84 Inmate disaster relief program - time earned - general fund revenues. Requires an inmate to receive an additional amount of time earned in the amount of one day of earned time for every day spent at a disaster site pursuant to the inmate disaster relief program. Authorizes the use of general fund revenues to pay for the inmate disaster relief program.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

H.B. 01-1074 Receipt of Fort Lyon medical center - public access. Authorizes the state to receive, by and through the department of corrections and its executive director, title to the Fort Lyon department of veterans affairs medical center for purposes of converting the property to a correctional facility. Requires the executive director of the department of corrections to provide appropriate public access, as provided by federal law, to Kit Carson chapel and the cemetery adjacent to the Fort Lyon property.

APPROVED by Governor May 3, 2001
EFFECTIVE May 3, 2001

H.B. 01-1102 Juvenile parole board - membership - consideration of parole - appropriation. Increases from 2 to 4 the number of juvenile parole board ("board") members selected from the public at large. Clarifies that the governor may appoint members to the board with the advice and consent of the senate, but that the governor may fill any vacancy which occurs when the general assembly is not in session on a temporary basis until the next meeting of the general assembly.

Clarifies the responsibility of the board with regard to juveniles who have been or will be placed in a department of corrections facility, adult community corrections facility, or county jail pursuant to an adult sentence.

Appropriates $7,879 to the department of human services, juvenile parole board, for the implementation of the act. States the general assembly's intent that the appropriation come from general fund savings resulting from passage of Senate Bill 01-077.

APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001
NOTE: Senate Bill 01-077 was signed by the Governor May 30, 2001, and the fiscal estimate shows sufficient general fund savings.

H.B. 01-1113 Division of adult parole - branch parole offices - notice of office site selection. Creates a duty on the part of the department of corrections, division of adult parole ("division"), to notify a municipality or county concerning a site within such municipality or county that the division has selected to operate as a branch parole office. Permits a municipality or county notified by the division to notify its residents and invite public review and comment on the site selection. Clarifies that the division is authorized to engage in the selection and acquisition of any branch parole office site that the division determines will best enable it to perform and exercise its duties and powers.

APPROVED by Governor May 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1185 Probation - modification district attorney request for hearing. Allows a district attorney to request a hearing when there is a motion to modify terms of probation.

APPROVED by Governor March 9, 2001
EFFECTIVE March 9, 2001

H.B. 01-1205 Community corrections - earned time credit forfeiture - appropriations. Deletes the repeal of provisions requiring community corrections escapees to forfeit earned time credits and reductions in sentence.

Makes a statutory appropriation for fiscal year 2002-03 in the amount of $1,768,225 from the capital construction fund to the corrections expansion reserve fund for implementation of the act. Makes a statutory appropriation for fiscal year 2003-04 in the amount of $679,346 from the general fund to the department of corrections for implementation of the act.

APPROVED by Governor May 22, 2001
EFFECTIVE May 22, 2001

H.B. 01-1370 Preparole and revocation facility - release hearing officers - pilot program. Requires the department of corrections, on or before December 1, 2001, to issue a request for proposals for the construction and operation of a private contract prison to serve as a preparole and revocation center. Sets the minimum size of the prison at 300 beds. Limits the prison's inmates to those:

Convicted of nonviolent crimes who are within 19 months of their parole eligibility dates;
Convicted of violent crimes who are within 9 months of their parole eligibility dates; and
Offenders whose parole has been revoked; except that such incarceration shall be for no more than 180 days.

Authorizes the state board of parole ("parole board") to revoke an offender's parole and transport the offender to the private prison for a period not to exceed 180 days. Permits the chairperson of the parole board to contract with release hearing officers to conduct hearings for inmates convicted of certain nonviolent felonies and to set parole conditions for inmates eligible for mandatory parole. Creates a release hearing officers pilot program. Requires a report on the results of the pilot program to the general assembly by November 1, 2002.

APPROVED by Governor May 16, 2001
EFFECTIVE May 16, 2001