Andrea Hall - Tracking Devices & Wire Tapping
Governor Ritter Signed 10 Criminal and Juvenile Justice Related Bills into Laws
HB 1352 â€" CHANGES TO CONTROLLED SUBSTANCE CRIMES
Lowers penalties for unlawful use of drugs. It separates possession of controlled substances from distribution, manufacturing and sale and lowers the penalties for possession offenses. It makes changes in the marijuana laws and lowers penalties for certain possession offense. It increases the penalty for sale or distribution to a child. The bill makes changes to the special offender crimes for importation of controlled substances and for the special offender weapons crimes. The bill lowers the penalties for fraud and deceit crimes involving controlled substances. The $1.5 million first year savings from the bill will be directed to the offender services fund in the judicial department. There will be a report due from the judicial department about the impact of the bill and the use of the funds. The savings for the 2nd year are anticipated to be $6.4m and $14m by 3rd year. Effective Aug. 11, 2010.
HB 1338 â€" CHANGES TO PROBATION ELIGIBILITY
Allows certain offenders with two prior felony convictions to be eligible for probation. Excluded from eligibility are persons whose two prior or current convictions include: homicide offenses, sex offenses (but not FTR), kidnapping, arson, 1st and 2nd degree burglary, robbery or theft from a person.
HB 1373 â€" CHANGES TO ESCAPE CRIMES
Allows for a concurrent or consecutive sentence for an escape charge if offender is serving a direct sentence to community corrections or ISP Parole.
HB 1374 â€" CHANGES TO PAROLE PRACTICES
Requires the Parole Board to implement best practices in the review of offenders statutorily eligible for parole. The bill requires that the Parole Board develop administrative release guidelines and a risk assessment instrument to provide for evidence-based release decisions. It also requires that the SOMB develop sex offender release guidelines for the Parole Board. The bill gives savings to the Department of Public Safety to provide additional resources to continue Commission work. Effective immediately.
HB 1347 â€" DUI CHANGES
Increases penalties for 2nd offense in 5 years and a 3rd offense in lifetime. The mandatory for 2nd will be 10 days (flat time, no good time) with work/education release available. The penalty for 3rd offense will be 60 days (flat time again). There will be limits on home detention for 2nd and subsequent offenses. There will be increased probation time for repeat offenders. There are provisions for “shock†incarceration for offenders who are not compliant with probation. Applies to offenses on or after July 1, 2010.
HB 1081 â€" CHANGES TO MONEY LAUNDERING
Places the crime of money laundering under the state’s fraud statutes and allows the prosecution of offenders under the Colorado Organized Crime Control Act. Effective Aug. 11, 2010.
HB 1360 â€" REDUCING REVOCATIONS FOR TECHNICAL PAROLE VIOLATIONS
Allows punishment in the community for technical violators who are on parole for low-level, nonviolent crimes with no pending felony involvement. Effective immediately.
HB 1413 â€" CHANGES TO DIRECT FILE
Increases the minimum age from 14 to 16 years for a DA to direct file a juvenile in adult court, except in cases where the defendant is charged with murder or a sex offense. DA must now file a Notice of Consideration to Direct File which gives the juvenile 14 days to provide DA with mitigation. Effective Aug. 11, 2010.
SB 54 â€" EDUCATIONAL SERVICES FOR CHILDREN BEING HELD IN JAILS
Requires a school district to provide educational services to a juvenile being held, if charged as an adult, in a jail. Requires data collection re juveniles being held in jails.
HB 1277 â€" EXTENSION OF PROHIBITION AGAINST SEXUAL CONDUCT IN CORRECTIONAL FACILITIES
Prohibits sexual conduct between inmates in juvenile and community corrections facilities and volunteers, contractors and staff. Effective July 1, 2010.
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