646 Corrections Ch. 144 CHAPTER I44 CORRECTIONS INMATE AND PAROLE TIME COMPUTATION OFFENDERS SENTENCED FOR CRIMES COMMITTED ON OR AFTER JULY I. I979 HOUSE BILL N0. 103?, BY REPRESENTATIVES Herzog. Philips. MC. Bird. Minahan. Bath. ML. Bird. Bond. Bowen. Campbell. Faalz. Fish. Hume. Mielke. Mutzebaugh. Neale. Panke,. Paulson. Singer. and Taylor-Little: also SENATORS Durham. Lee. Callihan. Ezzard. Hahn. and P. Po:?e1 i. an ACT CONCERNING THE VESTING OF GOOD TIME EARNED BY INMATES IN CORREC- TIONAL FACILITIES. Be it enacted by the General Assembly ofrhe State ofCaiorado: Section I. 11225?301 Colorado Revised Statutes, Repl. Vol.. as amended, is amended to read: 17-22.5-301. Good time. Each person sentenced for a crime commit- ted on or after July I. 1985. shall be subject to all the provisions of this part 3; except that the good time authorized by this section shall NOT vest annually and be withheld OR DEDUCTED by the department. in any twelve-menth period- ef- senteneer THE DEPARTMENT OF CORRECTIONS SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY THE NUMBER OF GOOD TIME DAYS AUTHORIZED PER TNMATE. THE NUMBER OF GOOD TIME DAYS WITHHELD OR DEDUCTED PER INMATE. AND THE AVERAGE LENGTH OF STAY PER INMATE DURING EACH CALENDAR YEAR. THE REPORT SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY PRIOR TO EACH MARCH 3] FOR THE CEDING CALENDAR YEAR. Section 2. Safety clause. The general aSSembly hereby ?nds. deter- mines. and declares that this act is necessary for the immediate preservation of the public peace. health, and safety. Approved: June 6, I985 Capital letters indicate new material added to existing statutes; dashes through ?March indicate Misting simmer and such material not part ofatv. Au?w'p ., .-..- . . a. Ch. 145 Corrections 64? CHAPTER I45 CORRECTIONS INMATE AND PAROLE TIME COMPUTATION APPLICABILITY HOUSE BILL NO I310. BY REPRESENTATIVES Mielkc, Ball]. Faillz. Ovens. MC. Bird. M.L. Bird. Bond. Rowen. Campbell. Fish. Grampsas. Herzog. Hume. Minalmn. Muizebaugh. Neale. Romero. Singer. ?l'chcdo. and Trujillo; also SENATORS Arnold. Bacn. Brandon. Caillhan. Dodge. Gallagher. Halley. Lee. Meiklejohn. P. Powers. and Rozuto. AN ACT CONCERNING CRIMINAL JUSTICE. AND REGARDING THE IMPOSITION AND ADMINISTRATION THEREOF. AND MAKING AN APPROPRIATION IN CONNEC- TION THEREWITH. Be it enacted by {he GenaraiAssEInbly afthe Stare ofCoiorado: Section 16?11-309 (1) Colorado Revised Statutes. 197?8 Repl. Vol.. as amended, is amended to read: 16-11-309. Mandatory sentences for violent crimes. (1) EXCept as pro- vided in paragraph of this subsection (1), any person convicted of a crIme of violence shall be sentenced pursuant to Section (9), C.R.S.. to a term of incarceration greater than the maximum in the presumptive range, but not more than twice the maximum term. provided for such offense in section 18-1-105 (I) C.R.S., without suspension; that. within ninety days after he has been placed in the custody of the department of corrections. the department shall transmit to the sentencing court a report on the evaluation and diagnosis of the violent offender, and the court. in a case which it considers to be exceptional and to involve unusual and exten? uating circumstances, may thereupon modify the sentence, effective not ear? lier than one hundred twenty days after his placement in the custody of the department. Such modification may include probation if the person is other- wise eligible therefor. Whenever a court finds that modification of a sentence is justi?ed. the judge shall notify the state court administrator of his decision and shall advise said administrator of the unusual and extenuating circum- stances that justi?ed such modification. The state court administrator shall maintain a record. which shall be Open to the public, summarizing all modifi- cations of sentences and the grounds therefor for each judge of each district court In the state. A PERSON CONVICTED OF TWO SEPARATE CRIMES OE VIOLENCE ARISING OUT OF THE SAME INCIDENT Capital letters indicate new materiai added to existing statutes; dashes through word's indicate deletionsfrom existing statutes and sat-h rrmteriai not part ofat-I. 648 Corrections Ch. 145 SHALL BE SFNTENCED FOR SUCH - CRIMES so TH a ARE SERVED CONSECUTIVELY RATHER THAN Section 2. Part I of article 22.5 of title 17, Colorado Revised Statutes, 1978 R3131. Vol as amended is ame nd BY FOLLOWING NEW SECTION, to ramp THE ADDITION OF THE 17-22.5-102.5. Pu - - . resPect to parole are:rpose 0f pamle' (I) The purposes Of this article with To punish a convicted offender by assuring that his length of incarcer- ?1 To assure the fair and con . Sistent treatment of all convicted off unjustified disparity in length of incarceration, and establild?ieri; proce ures for the Impos1tion of a period of parole supervision; and To promote rehabilitation by encouraging the successful reintegration of convicted offenders int - - . . public safety. 0 the community while recognlzing the need for Section 3. 17-22 5104 (2) Colorado . . evised Statutes, 197'8 %%?Emended, 1s_ amended, and the said 17-25-104 (2) is further meld-.53? ADDITION OF A NEW PARAGRAPH, to read: 17-22.5-104. Parole - regulations (2) No i I . inmate lTIerLs?efntence for a crlme committed on or after July 1, l, 1985, shall be paroled until he has served at least twenty calendar years, and no application for periOd of twenty years. parole shall be made or considered during such No inmate imprisoned under a l' Ife sentence for a crime co on or after July 1, 1985, shall be paroled until he has served at calendar years, and no a lication during periOd of fortfgearS' or paiole shall be made or considered Section 4. 17-22 5-303 (3) and (4) Color . ado Rev1sed Statut 19 Vol., as amended, are amended, and the said is furislier BY THE ADDIT . read: ION OF THE FOLLOWING NEW SUBSECTIONS, to 17-22.5-303. Parole (3) The state bo . . ard of parole, workm - \g?tllfitagndceepagtni?nt, shall aildopt risk assessment guidelinesg; gener p0pulation, to be utilized for 2pursuant to the provisions of sectiorclass 4, or class 5 felon co losegeaf?elr BEFORE JULY 1, 1985, may tr eigi iity ate or shall be sub?ect to of up to three years. Such guidelines shall i i ex 6'11 palms consideration the progress toward rehabil'm'L1 pmwmons Wh'wh'take mm . . Itation made th Well as the necessity of guarding the welfare of the Indeual as (4) As to any person sentenced fo . a class 2, class 3, fhzelginy on or after July 1, 1984, BUT (1H . I sion 0 a ut services shall either release an offend 3 eligibility date, pursuant to the determination made by theersfal?lehljogfdodff Ch. 145 Corrections 649 parole, or shall provide up to three years of parole for any offender who is determined by the state board of parole to present a high risk to the general population upon release from incarceration. For persons who are provided parole, the division of adult services shall provide a period of up to three years of parole supervision and assistance in securing employment, housing,. and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for-any such offender under this section SUBSEC- TION (4) shall be established pursuant to section 17-2?201 (5) and (5) by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the conditions of parole if circumstances then shown to exist require such modi?cations, or revoke the parole and order the return of the offender to the institution to which he was originally received for a period of not more than five years. In no event shall any period of reincarcer- ation, subsequent term of parole, and sentence actually served exceed the sentence imposed pursuant to section 18-1-105, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer bene?t from parole supervision. The good time deduction authorized by section 11225-301 shall apply to periods of reincarceration provided for in this section. (6) Any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1985, shall be eligible for parole after he has served the sentence imposed less any time authorized for good time earned pursuant to section 17-225-301 and for earned time pursuant to section 11225-302. Upon an application for parole, the state board of parole, work- ing in conjunction with the department and using the guidelines established pursuant to section 117-225-3035, shall determine whether or not to grant parole and, if granted, the length of the period of parole, which may be for a period of up to five years. If an application for parole is refused by the state board of parole, the state board shall reconsider within one year there- after the granting of parole to such person and shall continue the reconsidera? tion each year thereafter until such person is granted parole or until he is discharged pursuant to law. (7) For persons who are granted parole pursuant to subsection (7) of this section, the division of adult services shall provide a period of up to five years of parole supervision and assistance in securing employment, housing, and such other services as may effect the successful reintegration of such offender into the community while recognizing the need for public safety. The conditions for parole for any such offender under this subsection (7) shall be established pursuant to sectiOn 174125-3035 by the state board of parole prior to his release from incarceration. Upon a determination that the conditions of parole have been violated in a parole revocation proceeding, the state board of parole shall continue the parole in effect, modify the condi- tions of parole if circumstances then shown to exist require such modifi- cations, or revoke the parole and order the return of the offender to the institution to which he was originally received for a period of not more than ?ve years. In no event shall any period of reincarccration, subsequent term 650 Corrections Ch. 145 of parole, and sentence actually served exceed the sentence imposed pursuant to_section 18-1-105, C.R.S. The state board of parole may discharge an offender granted parole under this section at any time during the term of parole upon a determination that the offender has been sufficiently rehabili- tated and reintegrated into society and can no longer bene?t from parole supervision. Section 5. Part 3 of article 22.5 of title Colorado Revised Statutes, 193?8 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION, to read: Parole guidelines. (1) As to any person sentenced for a class 2, class 3, class 4, or class 5 felony committed on or after July 1, 1985, and eligible for parole pursuant to sections 17-225-303 (6) and (7), the boaid may consider all applications for parole, as Well as all persons to be super- tenced or committed to a correctional facility when it is determined that there is a strong and reasonable probability that the person will not thereafter vio- late the law and that his release from institutional custody is compatible With the welfare of society. (2) In considering offenders for parole, the board shall consider, but not be limited to, the following factors: (I) The testimony of the victim of the crime or a relative of the victim, if the victim has died, pursuant to section 177-225?106; (II) The offender?s conduct which would indicate whether he has substan? tially observed all of the rules and regulations of the institution or facility in which he has been confined and has faithfully performed the duties assigned to him; - The offender?s willingness to make restitution to the victim of his conduct for the actual damages that were sustained pursuant to section 17?2-201 (5) (IV) The offender?s willingness to pay reasonable costs of parole super- vision pursuant to Section 17?2-2201 (5) (V) The offender?s willingness to devote time to a speci?c employment or occupation; (VI) The offender?s willingness to enroll in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment; (VII) Whether the offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income, whether the offender has an employment handicap, or whether the offender?s age pre? vents him from obtaining employment; The offender?s willingness to remain within prescribed geographical boundaries and notify the court or the parole officer of any change in the offender?s address or employment; (IX) The offender?s willingness to report as directed to the parole officer; and r, . . - Ch. 145 Corrections 651 (X) The offender?s willingness to participate in some type of community service work. ?d lude the boar 'rom conSi er- Nothln in this subsection (2) shall prec ingt f)actors othgr than those stated in paragraph of this subsection (2) when considering applicants for parole. I (3) The board shall consider the following extraordinary aggravating for parole and length of es when determinlng the conditions I I which show that an offender has a high risk of reCidivism or a high risk of violence: ?ous i involved serious bodily threat 0 sen . lere octlligi" acts disclosing a high degree of cruelty, vICiousness, or callousness; . (II) The offender was armed with or used a deadly weapon at the time of the commission of the offense; The offense involved multiple victims; (IV) The victim was particularly vulnerable due to advanced age, disabil? ity, ill health, or extreme youth; A I The ?mm mil?- ?2333i. leia I iibyit employee, or fireman during or because of the exercise of his official duties; I I (VI) The offender induced others to participate in the conimitsrs?on 3:33: offense or occupied a poSition of leadership or dominance pants in its commissmn; I n?dence (VII) The offender took advantage of a posnion of trust or co to commit the offense; The offender committed the offenSe pursuant to an agreement that he either pay or be paid for its commiSSion; . . (IX) The circumstances surrounding the offense indicate that the crime was carried out following substantial planning and deliberation, (X) The object of the crime was to acquire or to obtain trolled substance or other item or material, the possessuon of WWI: 15 i (XI) The offender has engaged in a pattern of violent conduct which indi? cates a serious danger to society; (XII) The offender was on parole or on probation for another felony when he committed the offense; The offender was charged with or was on bond for ?afggelvioltli: felony when he committed the offense, and for which prewous was subsequently convicted; I Offend? ?5 this state or another state when he commit- ted the offense; and 652 Corrections Ch. 145 (XV) The offender has numerous or increasingly serious convictions as an adult or adjudications of delinquency as ajuvenile. Nothing in this subsection (3) shall preclude the board from consider? ing aggravating circumstances other than those stated in paragraph of this subsection (3) when considering applicants for parole. (4) The board shall consider the following extraordinary mitigating cir- cumstances when determining the conditions for parole and length of parole supervision which show that an offender has a low risk of recidivism or a low risk of violence: (I) The offender was a passive participant or played a minor role in the commission of the offense; (II) The victim was an initiator, willing participant, aggressor, or provoker of the incident, Substantial grounds exist tending to excuse or justify the offender's conduct, though failing to establish a defense; (IV) The offender committed the crime under duress, coercion, threat, or compulsion, insufficient to constitute a complete defense but which signifi? cantly affected his conduct; (V) The offender has no history of prior delinquency or criminal activity, or has led a law-abiding life for a substantial period of time prior to the com? mission of the offense; (VI) The offender voluntarily acknowledges wrongdoing or evidences remorse or penitence for his criminal conduct; (VII) The offender is responsible for the maintenance or financial support of others, and to avoid undue hardship to his dependents, a shorter period of incarceration is warranted; Rehabilitation of the offender would be enhanced by imposing a shorter period of incarceration; and (IX) Before the parole hearing, the offender compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained. Nothing in this subsection (4) shall preclude the board from consider- ing mitigating circumstances other than those stated in paragraph or this subSection (4) when considering applicants for parole. Section 6. l7-22.5-304, Colorado Revised Statutes, 1978 Repl. Vol, as amended, is amended to read: l7-22.S-304. Part affects only certain inmates. The good time provisions of this part 3 are effective July 1, 1979', and shall apply only to those persons convicted of crimes committed on or after said date BUT BEFORE JULY 1, 1985. No person subject to the good time provisions of part 2 of this article shall be eligible for any of the provisions authorized by this part 3. Section 7. 18?1-105 (I) (II) and (4), Colorado Revised Statutes, 1978 Repl. Vol., as amended, are amended, and the said 18?1-105 (1) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read; Ch. 145 Corrections 653 18-1-105. Felonies classi?ed, presumptive penalties. (II) As to any person sentenced for a felony committed on or after July 1, 1984, AND BEFORE JULY 1, 1985, felonies are divided into five _c1asscs which are dis? tinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class - Presumptive Range 1 Life imprisonment or death 2 Eight to twelve years 3 Four to eight years 4 - Two to four years 5 One to two years (IV) As to any perSOn sentenced for a felony committed on or after July 1, 1985, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: Class Minimum Sentence Maximum Sentence 1 Life imprisonment Death 2 Eight years imprisonment Twenty-tour years impriSOn- merit I 3 Four years imprisonment Sixteen years imprisonment 4 Two years imprisonment Eight years imprisonment 5 One year imprisonment Four years imprisonment (4) A person who has been convicted of?a class 1 felony shall be punished by life imprisonment unless the proceeding held to determine sentence according to the procedure set 1641121033 a verdict which re uires imposition ea pena y, in 1 person shall be seciitenced to death. AS TO ANY PERSON SENTENCED FOR A CLASS 1 FELONY, FOR AN ACT COMMITTED ON OR JULY 1, 1985, LIFE IMPRISONMENT SHALL MEAN IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE FOR FORTY YEARS. Section 8. 16?11?103 (1) Colorado Revised Statutes, 19?8 Repl. VOL, as amended, is amended to read: 16-11-103. Imposition of sentence in class 1 felonies - appellate renew. (1) All ADMISSIBLE evidence presented by either the prosecuting attorney or the defendant that the court deems relevant to the nature of the crime, and the character, background, and history of the defendant, including any evidence presented in the guilt phase of the trial, and any matters relating to any of the aggravating or mitigating factors enumerated in subsections (5) and (6) of this section, may be presentid. Any?su??h deems to have robative value may receive as orig as given an opport?nity to rebut such evidence. This 61) tien ef? theeonstit-ut?ion ofthe United- States or of 'tI?he prosetcuting attorne and the defendant or his counsel shall be permitte presen argu? ments tyor 'or against a sentence of death. FOR OFFENSES COMMITTED BEFORE JULY 1, 1985, the jury shall be instructed that life imprisonment means life without the possibility of parole for twenty calendar years. FOR 654 Corrections Ch. 145 OFFENSES COMMITTED ON OR AFTER JULY l, 1985, THE JURY SHALL BE INSTRUCTED THAT LIFE IMPRISONMENT MEANS LIFE THE POSSIBILITY OF PAROLE FOR FORTY CALENDAR Section 9. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropnated, to the judicial department, for the ?scal year commencing July I, 1985, the sum of one hundred six thousand four hundred dollars or so much thereof as may be necessary, for the implementation of this act. Section IO. Effective date - applicability. This act shall take effect July l, 1985, and shall apply to acts committed on and after said date. 'Section Safety clause. The general assembly hereby finds, deter? mines, and?deciares that this act is necessary for the immediate preservation of the public peace, health, and safety. This act became law without the Governor?s signature, June 18, 1985. Ch. I46 Criminal Code 655 CHAPTER I46 CRIMINAL CODE PROVISIONS APPLICABLE TO OFFENSES GENERALLY PURPOSE AND SCOPE OF CODE. CLASSIFICATION OF OFFENSES HOUSE BILL NO. Ill6. BY REPRESENTATIVES Faatz. Mirike. Singer. Trujillo. Allison, Bath. Berry. Bind. Bond. Bowen. Erickson. Fish. Gillis. Grant, T. Hernandez. Hel?zog. Hume. Minuhnn. Mulzchuugh. Owens. Romem. and chedo: also SENATORS Arnold. R. Powers. Allard. Halley. Meiklcjohn. and P. Power-i. AN ACT CONCERNING PENALTIES FOR FELONIES. AND MAKING AN APPROPRIATION IN CONNECTION TH EREWITH. Be it enacted by the General Assembly ofrhe Stare ofCoiomdo: Section I. 181?105 (1) Colorado Revised Statutes, 1978 Rep]. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH, and 18?1-105 (1) (2), and (4), as amended, are amended, to read: 18-1-105. Felonies classi?ed, presumptive penalties. As to any person sentenced for a felony committed on or after July l, 1985, in addition to, or in lieu of, any sentence to imprisonment provided for in this paragraph a fine within the following presumptive ranges may be imposed for the specified classes of felonies: Class Minimum Sentence Maximum Sentence I No fine No fine 2 Five thousand dollars One million dollars 3 Three thousand dollars Sevcn hundred fifty thousand dollars 4 Two thousand dollars Five hundred thousand dollars 5 One thousand dollars One hundred thousand dollars (1) Except as provided in subsection (6) and subsection (9) of this section and in section 18?4?2011, a person who has been convicted of a class 2, class 3, class 4, or class 5 felony shall be punished by the imposition of Cnpimi letters indicate new mnrerini added to existing dashes through words indicate deterions from existing statutes and materini not part ofnt-t.