Sentencing in Colorado The Use of Alternatives to Prison and Jail Incarceration Henry Sontheimer Dept. of Justice Services
Sentencing Law and Practices
Colorado s sentencing structure Felony: an offense for which the offender can be sentenced to the state penitentiary or county jail each of the 6 classes of felonies carries a presumptive sentencing range judges normally are expected to impose a sentence within this range some felonies carry mandatory sentences habitual offenders may be subject to 3 strikes law Misdemeanor: an offense for which the offender can be sentenced to the county jail each of the 3 classes of misdemeanors carries a presumptive sentencing range
Possible sentences on felony conviction State prison (includes mandatory parole term) Community Corrections (halfway house) Probation specialized probation: Intensive Supervision, Drug Offender, Female Offender, Sex Offender Intensive sentence may include some jail time, home detention Fine/Other Suspended sentence Youthful Offender System for youths 14-17 years of age charged as adults for certain serious crimes
Possible sentences on misdemeanor conviction County Jail (including home detention for all or part of sentence) County Jail work release sentence Probation (can include some jail time, home detention) Residential drug treatment Suspended sentence (includes 4 th J.D. Drug Court option) Fine
Sentences received by convicted felons in Colorado (FY 1998-99) Prison 4,463 33% Probation 6,493 49% Fine/Other 1,398 10% County jail 716 5% Community Corrections 376 3%
State Correctional Populations
Adult offenders under state correctional supervision (FY 2001) Community Corrections 3,281 5% Parole 5,475 8% Probation 39,241 61% Prison 16,605 26%
Annual cost for one adult offender under state correctional supervision in 2001 Prison $27,250 Community Corrections $13,768 Parole $ 2,938 Standard Probation $ 562 Intensive Probation $ 3,291
State prison population growth The state prison population grew by about 8% per year over the last five years, or much faster than the growth in the general population This growth is due to policy and legislative changes, such as mandatory parole and tougher sentencing laws The Dept. of Corrections projects similar growth over the next several years Average state prison population: 1996 11,019 1998 13,242 2000 15,441 2002 17,367
Local Practices 4 th Judicial District Criminal Filings and County Jail Use
Profile of 2001 criminal filings in 4 th Judicial District 4,426 Felony cases the most common felonies are property offenses (37%), drug offenses (25%), & crimes against persons (18%) 12,036 Misdemeanor cases the most common misdemeanors are domestic violence offenses (28%), drug offenses (13%), & crimes against persons (12%) Not all cases filed result in convictions. Persons charged with a felony may be convicted on a misdemeanor.
El Paso County Jail Statistics 21,712 admissions & 21,647 releases in 2002 Average daily jail population: 1996 838 1998 973 2000 939 2002 1,109 Average stay (days) for sentenced inmate: 1996 28.2 1998 27.2 2000 27.4 Annual cost to house one inmate: County jail $21,294 County jail with work release $15,819* ComCor, Inc. work release $ 8,030* 2002 32.8 * Assumes full collection of $15/day stipend charged to work release inmates. ComCor, Inc. receives the work release stipend for inmates under their care.
County Jail Population Snapshot (11/17/02) # % # % Drug offense (not marij.) 153 13.4% Menacing 27 2.4% Assault 121 10.6% Forgery/fraud/bad check 22 1.9% DUI 84 7.4% Viol. of restraining order/dv 20 1.8% Driving under revocation 79 6.9% Criminal Trespass 19 1.7% Burglary 69 6.1% Kidnapping 19 1.7% Theft 64 5.6% Viol. of prob./comm'y Corr. 11 1.0% Escape/fugitive 45 3.9% Drug offense (marijuana) 10 0.9% Murder 42 3.7% Other sex offenses 5 0.4% Motor Vehicle Theft 39 3.4% Weapons offenses 3 0.3% Sexual Assault 39 3.4% Vehicular homicide 3 0.3% Parole violation 38 3.3% Other offenses and holds 158 13.9% Robbery 36 3.2% Harassment 34 3.0% TOTAL 1140 100.0% Based on most serious charge. Many inmates have other associated charges.
Alternatives to Incarceration in El Paso County Jail
Pre-trial alternatives to incarceration in EPC Jail Personal Recognizance (PR) bond county operated program defendants screened for risk and community ties eligible defendants released on non-cash bond Commercial bond through licensed bondsman defendant pays fee equal to 10-15% of bond amount Average length of stay for pre-trial defendants released on bond is 4 days 80% of defendants released on bond spend less than one day in jail before release
Post-conviction alternatives to incarceration in EPC Jail Probation conditions may include day reporting, monitored abstinence, counseling, etc. Work Release - confinement at CJC or ComCor, Inc. except for hours spent at job. Offender pays $15/day Transitional Work Release - first half of sentence at ComCor, Inc., second half on electronic home monitoring Community Custody Program electronic home monitoring (EHM) in lieu of jail sentence split sentence first half in jail, second half on EHM offender pays for cost of EHM supervision Gateway Through the Rockies - jail-based treatment program with community-based work details Earned time - inmates can earn from 2 to 11 days per month off their sentence for good behavior