Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 0-0.01 Beth Braby HOUSE BILL 0- HOUSE SPONSORSHIP Romanoff, Dyer, SENATE SPONSORSHIP House Committees Judiciary Appropriations Senate Committees Judiciary SENATE rd Reading Unamended April 1, 00 1 A BILL FOR AN ACT CONCERNING CHANGES TO DECREASE THE DISPARITY BETWEEN THE TIME SENTENCED AND THE TIME SERVED BY INDIVIDUALS WHO ARE CONVICTED OF VIOLENT CRIMES, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH. SENATE Amended nd Reading April 0, 00 Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires that a defendant convicted of second degree murder, first degree assault, first degree noncapital kidnapping, sexual assault, first degree arson, first degree burglary, or aggravated robbery, who committed said crime on or after July 1, 00, not be eligible for parole until the defendant serves % of the sentence, less any earned time. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. HOUSE rd Reading Unamended April, 00 HOUSE Amended nd Reading April, 00
Directs that a defendant convicted of second degree murder, first degree assault, first degree noncapital kidnapping, sexual assault, first degree arson, first degree burglary, or aggravated robbery, who committed said crime on or after July 1, 00, and who was previously convicted of a crime of violence, not be eligible for parole until the defendant serves % of the sentence. 1 1 1 1 1 1 1 1 0 1 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-.-0 () and (), Colorado Revised Statutes, are amended, and the said 1-.-0 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 1-.-0. Parole eligibility. () (a) Notwithstanding subsection (1) of this section, any person convicted and sentenced for second degree murder, first degree assault, first degree kidnapping unless the first degree kidnapping is a class 1 felony, first or second degree sexual assault, first degree arson, first degree burglary, or aggravated robbery, COMMITTED ON OR AFTER JUNE,, AND BEFORE JULY 1, 00, which person has previously been convicted of a crime which would have been a crime of violence as defined in section 1-1.-0, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence imposed upon such person, less any time authorized for earned time granted pursuant to section 1-.-0. (b) The provisions of paragraph (a) of this subsection () shall not apply to persons sentenced pursuant to part of article 1. of title 1, C.R.S. (.) (a) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, ANY PERSON CONVICTED AND SENTENCED FOR SECOND DEGREE MURDER, FIRST DEGREE ASSAULT, FIRST DEGREE KIDNAPPING UNLESS THE FIRST --
DEGREE KIDNAPPING IS A CLASS 1 FELONY, FIRST DEGREE ARSON, 1 1 1 1 1 1 1 0 1 FIRST DEGREE BURGLARY, OR AGGRAVATED ROBBERY, COMMITTED ON OR AFTER JULY 1, 00, SHALL BE ELIGIBLE FOR PAROLE AFTER SUCH PERSON HAS SERVED SEVENTY-FIVE PERCENT OF THE SENTENCE IMPOSED UPON SUCH PERSON, LESS ANY TIME AUTHORIZED FOR EARNED TIME GRANTED PURSUANT TO SECTION 1-.-0. (b) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (.) SHALL ONLY APPLY TO PERSONS CONVICTED OF A CRIME LISTED IN PARAGRAPH (a) OF THIS SUBSECTION (.) THAT IS A CLASS OR CLASS FELONY OFFENSE. () Notwithstanding subsection (1) or () of this section, any person convicted and sentenced for any crime enumerated in subsection () of this section, COMMITTED ON OR AFTER JUNE,, AND BEFORE JULY 1, 00, who has twice previously been convicted for a crime which would have been a crime of violence as defined in section 1-1.-0, C.R.S., shall be eligible for parole after such person has served seventy-five percent of the sentence served upon such person, at which time such person shall be referred by the department to the state board of parole which may place such person on parole for a period of time which does not exceed the time remaining on such person's original sentence. For offenses committed on or after July 1, 1, such person shall be placed on parole for the period of time specified in section 1-1.-01 (1) (a) (V), C.R.S. Section 1-.-0 () shall not apply to any such offender. (.) (a) NOTWITHSTANDING SUBSECTION (1) OR (.) OF THIS SECTION, ANY PERSON CONVICTED AND SENTENCED FOR ANY CRIME ENUMERATED IN SUBSECTION (.) OF THIS SECTION, COMMITTED ON OR --
1 1 1 1 1 1 1 0 1 AFTER JULY 1, 00, WHO HAS PREVIOUSLY BEEN CONVICTED FOR A CRIME WHICH WOULD HAVE BEEN A CRIME OF VIOLENCE AS DEFINED IN SECTION 1-1.-0, C.R.S., SHALL BE ELIGIBLE FOR PAROLE AFTER SUCH PERSON HAS SERVED SEVENTY-FIVE PERCENT OF THE SENTENCE SERVED UPON SUCH PERSON, AT WHICH TIME SUCH PERSON SHALL BE REFERRED BY THE DEPARTMENT TO THE STATE BOARD OF PAROLE WHICH MAY PLACE THE PERSON ON PAROLE FOR THE PERIOD OF TIME SPECIFIED IN SECTION 1-1.-01 (1) (a) (V), C.R.S. SECTION 1-.-0 (.) SHALL NOT APPLY TO ANY SUCH OFFENDER. (b) THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (.) SHALL ONLY APPLY TO PERSONS CONVICTED OF A CRIME LISTED IN PARAGRAPH (a) OF THIS SUBSECTION (.) THAT IS A CLASS OR CLASS FELONY OFFENSE. SECTION. Part 1 of article 1 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-1-. Appropriation to comply with section --0. (1) PURSUANT TO SECTION --0, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY: (a) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 1-1-, THE SUM OF TWO HUNDRED FORTY-THREE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS ($,1). --
1 1 1 1 1 1 1 0 1 (b) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF NINETY-SEVEN THOUSAND THREE HUNDRED EIGHTY-FOUR DOLLARS ($,). (c) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF NINETY-SEVEN THOUSAND THREE HUNDRED EIGHTY-FOUR DOLLARS ($,). SECTION. --0 () (s), Colorado Revised States, as it will become effective July 1, 00, is amended to read: --0. Capital construction fund - capital assessment fees - calculation. () As of July 1, 1, and July 1 of each year thereafter through July 1, 00, a sum as specified in this subsection () shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection () shall not be deemed to be appropriations subject to the limitations of section --01.1. The amount which shall accrue pursuant to this subsection () shall be as follows: (s) On July 1, 00, twenty-two thousand nine hundred twenty-four dollars pursuant to section of H.B. 0S-0, enacted at the third extraordinary session of the sixty-third general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 0-0, enacted at the first regular session of the sixty-fourth --
1 general assembly; plus one hundred twenty-five thousand forty-one dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-1, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; PLUS TWO HUNDRED FORTY-THREE THOUSAND ONE HUNDRED THIRTY-FIVE DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY. SECTION. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. --