ccjrc newsletter 12-05.qxd by gjmpzlaezgx


									                                                                                                                                                                                              COLORADO JUSTICE REPORT
                                                                                           60-61-101 continued from page 3
              CCJRC 2010 Annual Miniature Golf Fundraiser
                                                                                               •    Any past voter-approved decision to keep property tax revenue above constitu
                                                                                                    tional limits will be automatically undone. 98% of our school districts, 81% of our
  CCJRC would like to take this time to thank all of the wonderful                                  counties, and 76% of our cities voters have approved such property tax deci
                     sponsors of this event.                                                        sions.
                                                                                               •    It will also restrict local control by limiting the scope of future ballot measures.
                     Killmer, Lane & Newman, LLC
                                                                                           Amendment 60 will force all school districts to lose 50% of their property tax revenue.
                         Colorado Capital Bank                                                 •    Over ten years, all property taxes going to schools will be cut in half and the                                                                                                                                                                                                                                             Fall 2010
                              D Haraburda                                                           state must replace this revenue                                                           QUARTERLY NEWSLETTER OF THE COLORADO CRIMINAL JUSTICE REFORM COALITION
                    Saint John's Episcopal Cathedral                                           •    Requiring the state to backfill for lost local revenue increases the state’s obliga
                                                                                                    tion to fund K-12 while simultaneously reducing the state’s ability to fund other
                     Mandy M. Rigg Consulting, Inc.                                        important public services such as human services, health, higher education or                                                                                               1212 Mariposa St., #6, Denver, CO 80204                                     Founded in 1999, CCJRC is a network of organizations, faith
                             EndPoint Direct                                               public safety                                                                                                                                                                303-825-0122 phone, 303-825-0304 fax                                       communities and individuals working to reverse the trend of
                        Signal Behavioral Health                                              •     If 101, 60, and 61 pass and the state government replaces this money for local                                                                                                                                        mass incarceration in Colorado.
                                                                                                    governments, it will have to cut all other state services by 99%.
                         Tewell Warren Printing
        Peace & Justice Task Force, Montview Boulevard PCUSA                               Amendment 60 will levy a new mandatory property tax on public enterprises and
       The Mile High Council on Substance Abuse & Mental Health                            authorities, such as water districts, utilities, and colleges and universities.
                                                                                              •      In order to pay this new tax, these public services will have to dramatically

                                                                                                                                                                                                                                                                                                                      CAST YOUR
        Colorado Association Alcohol and Drug Service Providers
                       John Riley & Ilse Hoffman
                                                                                                     increase their fees for service, such as water bills and tuition.
                                                                                                                                                                                                                                                                                                                                                  CCJRC Opposes
                             KLA Associates                                                Amendment 60 will cut over $1 billion of local funding for public schools and will override
                                                                                                                                                                                                                                                                                                                                                  Proposition 102
                              Studio Harris
                                                                                           the will of local voters. It will reduce property taxes, but will do so at the expense of public
                                                                                           schools and other essential services provided by state and local governments that protect
                                                                                           our communities.
                            Redeemed Ones
                                                                                           Amendment 61 will greatly limit the ability of state and local government to invest in our

        We also want to thank everyone who attended our event!
                                                                                           infrastructure and our future by limiting the use of sound, responsible financial tools.                                                                                                                                                                      Voters should reject the “Bondsman Bailout” Initiative
                                                                                           Amendment 61 prohibits the state from borrowing and places rigid limitations on local gov-         With the General Election on November 2nd, many people will want to exercise their
                                                                                                                                                                                                                                                                                                                                                CCJRC has joined the growing opposition to Proposition 102 which was recently certi-
                                                                                           ernment borrowing, effectively halting construction in Colorado.                                   right to vote. Unfortunately, sometimes people with a criminal record aren’t sure if or
                                                                                                                                                                                                                                                                                                                                                fied by the Secretary of State and will appear on the November ballot. Opposition is
                                                                                                                                                                                              when they’re legally eligible to vote. If you’ve been involved in the criminal justice sys-
                                                                                                                                                                                                                                                                                                                                                quickly expanding in Colorado and includes representatives from law enforcement, jail
                                                                                           Amendment 61 will prohibit the state from any form of borrowing.                                   tem and aren’t sure whether you have the right to vote, we hope the following informa-
                                                                                                                                                                                                                                                                                                                                                administrators, district attorneys, defense attorneys, victim advocacy groups, criminal
                                                                                             •   The state will not be able to use practical public financing to address our infra            tion is helpful.
                                                                                                                                                                                                                                                                                                                                                justice reform organizations and civil rights organizations.
                                                                                                 structure needs such as building and maintaining roads, building hospitals, main
                                                                                                 taining schools and managing cash flow.                                                      If you are eligible to vote and haven’t registered yet, be aware that the deadline to reg-
                                                                                             •   Rather than enjoying the use of an asset as it is paid for over time, the state will                                                                                                                                                           Prop 102 asks: “Shall there be an amendment to the Colorado Revised Statutes
                                                                                                                                                                                              ister to vote is Monday, October 4, 2010. CCJRC strongly hopes that all of our mem-
                                                                                                 have to pay for all building and maintenance projects up front, similar to a family                                                                                                                                                            requiring that only defendants arrested for a first offense, nonviolent misdemeanor
                                                                                                                                                                                              bers who are eligible will VOTE! You may not think that one vote can make a differ-
                                                                                                 buying a house without a mortgage.                                                                                                                                                                                                             may be recommended for release or actually released to a pretrial services program’s
                                                                                                                                                                                              ence but it can and does.
                                                                                                                                                                                                                                                                                                                                                supervision in lieu of a cash, property, or professional surety bond?”
                                                                                           Amendment 61 will place strict limitations on all local government borrowing.                      Who with a criminal record can vote in Colorado?
                                                                                             •   Any local government borrowing must be repaid within ten years, making it more                                                                                                                                                                 When an adult is arrested and taken to jail, he or she is constitutionally entitled to
                                                                                                 expensive to build in the short run.                                                                                                                                                                                                           have a bond amount set so that they can be released from jail pending trial except in
                                                                                                                                                                                              The current law says, “No person while serving a sentence of detention or confine-
                                                                                             •   After paying off their debt, a local government must reduce its taxes equal to the                                                                                                                                                             certain first degree murder cases. However, many defendants are poor and do not
                                                                                                                                                                                              ment in a correctional facility, jail, or other location for a felony conviction or while
                                                                                                 amount it paid annually to finance that debt. This will discourage officials from                                                                                                                                                              have the money or property to pay the bond. Therefore, they sit in jail even though
                                                                                                                                                                                              serving a sentence of parole shall be eligible to register to vote or to vote in any elec-
                                                                                                 beginning any new infrastructure projects.                                                                                                                                                                                                     they haven’t been convicted of a crime and many are likely to be sentenced to proba-
                                                                                                                                                                                              tion; however, a confined prisoner who is awaiting trial but has not been tried shall be
                                                                                             •   Districts can only borrow up to 10 percent of their assessed value. Due to this                                                                                                                                                                tion if convicted anyway.
                                                                                                                                                                                              certified by the institutional administrator and shall be permitted to register to vote by
                                                                                                 limit alone, most local governments will not be able borrow money to finance
                                                                                                                                                                                              mail registration pursuant to part 5 of this article.” Colorado Revised Statute § 1-2-
 CCJRC is very excited to announce that the second edi-                                          needed project for approximately eight years.
                                                                                                                                                                                                                                                                                                                                                Another option is to use a commercial (for-profit) bondsman who charges a fee of
                                                                                                                                                                                                                                                                                                                                                approximately 10% of the bond amount. For example, if someone has a $10,000
 tion of “Getting On After Getting Out” will be published                                  Borrowing to pay for critical infrastructure needs is not bad; it is a sensible financial tool                                                                                                                                                       bond the bondsman’s fee would be $1,000 that would not be returned to the defendant
                                                                                                                                                                                              Thus, people who may register to vote and vote include those who:
 late this fall. We hope to have copies available by                                       that enables businesses, families, and governments to invest in the future. By choking our
                                                                                                                                                                                                 •   are currently on probation for either a misdemeanor or felony,
                                                                                                                                                                                                                                                                                                                                                even if they appeared at all the court appearances.
                                                                                           ability to borrow in any form, Amendment 61 will stifle Colorado’s ability to build and main-
 December. We will keep you updated. A big thank you                                       tain what we need to be a prosperous and economically viable state.                                                                                                                                                            Continued on page 3   Research shows that requiring defendants to pay money or post property as a bond
 to Carol Peeples and all of the people that worked so                                     Proposition 101 will eliminate major funding sources across Colorado for schools, roads,
                                                                                                                                                                                                                                                                                                                                                does not result in more people appearing in court or prevent defendants from commit-
                                                                                                                                                                                                                                                                                                                                                ting new crimes while on bond. Consequently, many jurisdictions have created pretri-
 hard to get this project done.                                                            bridges and other critical needs. By slashing state and local revenue, 101 will limit state                                                                                                                                                          al services programs which allow a defendant to qualify for release from jail on an
                                                                                           and local governments’ ability to provide effective public services and sustain an economi-
                                                                                                                                                                                                                                                                                                                                                “unsecured bond” meaning that people don’t have to put up cash, pay a bondsmen or
                                                                                           cally viable infrastructure.

                                                                                                                                                                                                Non-Profit Org.

                                                                                                                                                                                                                                                             Permit No. 808
                                                                                                                                                                                                                                                                                                                                                provide property for collateral. In addition to supervising defendants on bond to
       YES! I want to join CCJRC and help stop perpetual prison expansion in Colorado.

                                                                                                                                                                                                                                                Denver, CO
                                                                                                                                                                                                                  U.S. Postage
                                                                                                                                                                                                                                                                                                                                                ensure they are complying with the conditions or release and attending court hearings,

        Enclosed is my tax-deductible annual membership or additional contribution:        Proposition 101 will significantly reduce revenue collected from vehicle fees. Most of these
                                                                                                                                                                                                                                                                                                                                                pretrial service programs also provide a judge with comprehensive information about a
                                                                                           funds support your local school district, emergency services and the maintenance of roads
   Annual membership dues:                                                                 and bridges.                                                                                                                                                                                                                                         defendant so that the judge can make an informed decision regarding bail.
   q Individual: $35    q Low income/student/senior: $12
                                                                                              •     Specific ownership tax will be reduced 98 percent. About half of this revenue
   q Household: $50     q Prisoner: $3 (or equivalent in postage stamps)                                                                                                                                                                                                                                                                        If Prop 102 passes it would limit, if not mostly eliminate, pretrial services programs in
   q Sustainer: $100+
                                                                                                    goes to your local school district. The remaining amount supports your local gov
                                                                                                    ernment.                                                                                                                                                                                                                                    Colorado resulting in many low-income defendants awaiting trial in jail because they
                                                                                              •     Vehicle registration charges will be reduced to 1919 levels. Most of this revenue                                                                                                                                                           can’t afford to pay either the bond or a bondsman. Colorado Legislative Council has
   q My check is enclosed (made payable to CCJRC)
                                                                                                                                                                                                                                                                                                                                                estimated that Prop 102 would increase jail costs by an estimated $2.8 million a year.

                                                                                                                                                                                                        Colorado Criminal Justice Reform Coalition
   q Please charge my credit card:                                                                  supports the maintenance and building of roads and bridges throughout the
       q Visa      q Mastercard      q Discover   q American Express                                state.                                                                                                                                                                                                                                      In jails already struggling with overcrowding, additional jails beds might have to be
       qonce       qmonthly          qquarterly                                               •     Taxes on all rental vehicles will be eliminated. These taxes are often paid by                                                                                                                                                              constructed at considerably higher cost to taxpayers.
                                                                                                                                                                                                                                                                                                                                                Prop 102 was developed by out-of-state executives in the for-profit bail bond industry
                                                                                           Proposition 101 will significantly reduce state income tax revenue.                                                                                                                                                                                  led by Allegheny Casualty International Fidelity Associated Bond (AIA). The propo-
   _                                                                                          •     State income tax revenue will be cut a quarter over time. This is the primary                                                                                                                                                               nents are calling their initiative Safe Streets Colorado and are backed by Bail USA, the
                                                                                                    state funding source for most state services, like education, health care, and                                                                                                                                                              leading provider of bail bonds in the country and Americans for the Preservation of

                                                                                                                                                                                                                                                                              Chang e Ser vices Requested
   Home Street Address___________________________________________________________                   human services.                                                                                                                                                                                                                             Bail, a national organization dedicated to advancing the interests of bail agents. Prop
                                                                                              •     Over 40 percent of income tax revenue goes to kindergarten through 12th grade                                                                                                                                                               102 is intended to enhance the profit of the bond industry while shifting the cost of
   City ______________________ State ______ ZIP ____________        Phone
                                                                                                    funding.                                                                                                                                                                                                                                    their proposal to taxpayers.
                                                                                                                                                                                                        1212 Mariposa St., #6
                                                                                           Proposition 101 will significantly reduce telecommunications fees.                                                                                                                                                                                   The Colorado Commission on Criminal & Juvenile Justice made several recommenda-
                                                                                                                                                                                                        Denver, CO 80204

   Email ______________________________________ FAX ___________________________               •     These fees help provide telecommunication services to rural areas and lower-                                                                                                                                                                tions related to bond reform which are in complete opposition to the reworking of the
   Credit Card # _______________________________________________         expires________            income and disabled populations. Fees also ensure that you can keep your                                                                                                                                                                    state’s bond system that would occur with Prop 102. On September 10, 2010 the
                                                                                                    same number even if you change carriers.                                                                                                                                                                                                    CCJJ issued a resolution in oppostion to Prop 102.
         I WA N T T O B E A C C J R C F R E E D O M F I G H T E R !
                                                                                           Proposition 101 will cut over $2 billion from state and local government budgets. Though
                                                                                                                                                                                                                                                                                                            Recycle                             The only one who wins by the passage of Prop 102 is the bail bond industry. Proponents
                                                                                                                                                                                                                                                                                                            for our
                     Please charge my credit card monthly for $___________.                taxes and fees are reduced, Colorado will sacrifice its ability to provide essential services,

                                                                                                                                                                                                                                                                                                                                                may tout that they are promoting public safety but representatives from law enforcement
                                                                                           thereby failing to protect our legacy for the future.
                                Please return this form to:
                  CCJRC, 1212 Mariposa St., #6, Denver, CO 80204                                                CCJRC is a member of Community Shares.                                                                                                                                                                                                                                               Continued on Page 3
                                                                                                                Ask your employer about work-place giving!
4 CCJRC • Fall 2010                                                                                                                                                                                                                                                                                                                                                                                         1 CCJRC • Fall 2010
                                                                                                If parole was revoked for a technical violation and the person was on parole for a class 2
                      2010 Legislative Clarification                                            or class 3 felony that was not a crime of violence as defined in CRS § 18-1.3-406(2) or a
                                                                                                                                                                                                  Cast Your Vote continued from page 1                                                      Oppose Prop 102 continued from page 1
 Update on SB 159                                                                               class 4 felony that is a nonviolent offense as defined in CRS § 17-22.5-405(5)(b), s/he can         •     are currently a pretrial detainee awaiting trial in jail or those on bond,        and prosecutors disagree and believe that Prop 102 poses a risk to public safety because
 (statements by inmates included in community corrections referral)                             be returned to prison for a specific period of time. This has been known as a “252 turn-            •     are currently serving a jail sentence for a misdemeanor sentence only, or         fewer defendants would be supervised by pretrial service programs while on bond.
 In the 2010 legislative session, SB 159 was passed and signed into law. This bill gives        around.”                                                                                            •     have completed serving their sentence for a felony conviction, including
 people in prison the ability to submit a written statement as part of the community correc-        • The maximum amount of time someone can be re-incarcerated is 180 days                               any sentence of parole.                                                           For CCJRC, we know that when people sit in jail awaiting trial, they will lose their jobs, pos-
 tions referral packet. Two weeks prior to submitting the packet, the DOC case manager                  if assessed by an actuarial risk assessment instrument as a high risk of re-                                                                                                        sibly their homes and could plunge an entire family into financial chaos. Research is very
 should provide the forms needed. The statement must be submitted on a DOC form titled                  offense.                                                                                  Who with a criminal record cannot vote in Colorado?                                       clear that having employment and stable housing are key strategies to success in life as
 Offender Letter to Community Corrections Board. This form allows peopleto give informa-            • The maximum amount of time someone can be re-incarcerated is 90 days if
 tion about their transition plan, community support, and why they think they are a good                                                                                                          People who may not register to vote or vote include those who are:                        well as key strategies to reduce crime and recidivism.
                                                                                                       assessed by an actuarial risk assessment instrument as less than a high                      •   residential diversion clients sentenced for a felony to a
 candidate for community corrections. On August 11, 2010, the DOC updated                              risk of re-offense
 Administrative Regulation 250-03 to reflect this new law.                                                                                                                                              community corrections facility                                                      For CCJRC, opposing Proposition 102 is a no-brainer.
                                                                                                    • The period of time can be extended beyond these caps if someone gets a
                                                                                                                                                                                                    •   incarcerated for a felony in a jail or prison,                                      It doesn’t promote public safety.
                                                                                                        write up in prison
 Update on HB 1360 (reducing technical parole violations)                                                                                                                                           •   on parole or federal probation following release from incarceration,                It doesn’t improve the administration of justice.
 Last year, almost 3,800 people on parole were revoked and returned to prison for a tech- The parole board also has the option of revoking a person to community corrections, if                    •   transition clients in a community corrections facility on inmate status,            It doesn’t effectively use public funds.
 nical violation which constitutes 34% of total prison admissions. CCJRC worked very            accepted by the program and community corrections board. This does not occur very often                                                                                                     It doesn’t serve any legitimate public or criminal justice interest.
 hard to get HB 1360 passed.                                                                    and most people are returned to prison. Once the revocation period is served, the person
                                                                                                will be released back to parole, unless the parole period is completed in prison and the          How do I register to vote?                                                          Please help CCJRC defeat Proposition 102! Vote No and tell everyone you know to join
 In our last newsletter, we described the bill in some detail and we’ve received a number person reaches his/her statutory discharge date.                                                        The easiest way to register is online at This website will you. We anticipate that the proponents will run a paid media campaign with radio and tel-
 of questions from members for additional information or clarification. This is a complicat-                                                                                                      let you register online or download a paper voter registration form. You may also evision ads that will try to mislead voters about what Prop 102 will do and who it serves.
 ed bill and we don’t have all the information because the bill is in the early stages of       Parole revoked for a technical parole violation and serving a sentence for a class 4,             check the status of your registration at this website.
 implementation. The following are some answers to common questions we have                     5, or 6 felony (nonviolent offense)                                                                                                                                                   For more information, go to The Bell Policy Center has also issued a
 received about HB 1360.                                                                        If parole was revoked for a technical violation and the person was on parole for a class 4,       You may also register to vote at:                                                   statement in opposition to Prop 102 which can be read at
                                                                                                class 5, or class 6 felony for a nonviolent offense as defined in CRS § 17-22.5-405(5)(b),            • Colorado Department of State, Elections Division, 1700 Broadway     
 QUESTION: Can you explain what HB 1360 does in more detail?                                    the parole board may revoke for up to 180 days in a community return-to-custody facility              • your county’s clerk and recorder’s office (see for
 HB 1360 made a number of changes in an effort to reduce the number of people                   (CRCF) (as defined in CRS § 17-1-206.5) as long as the parolee:                                          contact info)
 returned to prison for a technical violation of parole, particularly when the reason for the       • hasn’t been designated as a sexually violent predator,                                          • Division of Motor Vehicle offices
 technical violation is related to substance abuse or mental health issues. Under this new
 law, if the parole board determines that the parolee is in need of treatment and the
                                                                                                    • doesn’t have any active felony warrants, detainers, or pending felony
                                                                                                       criminal criminal charges
                                                                                                                                                                                                      • any government office that provides public assistance, like a social services
                                                                                                                                                                                                                                                                                                      CCJRC Joins Coalition
 parolee wants to go to treatment, the parole board may modify the conditions of parole to          • wasn’t on parole for a conviction for domestic violence, stalking, menacing,
     • participation in an outpatient program for the treatment of substance abuse,
                                                                                                       unlawful sexual behavior described in CRS § 16-22-102(9), or a crime
                                                                                                       against an at-risk adult or at-risk juvenile.
                                                                                                                                                                                                  How do I vote?                                                                                     Opposing Ballot Measures
                                                                                                                                                                                                  Elections in Colorado can be held by mail or in person at voting locations. Every
          mental illness, or both, or
      • placement in a residential treatment program for the treatment of substance             If someone isn’t eligible for CRCF because of one of the criteria listed above, the parole        election may be different so be sure to read any election notices you receive or visit
          abuse, mental illness, or both if the residential treatment program (and any com      board may revoke that person up to 180 days in prison if high risk or greater, or up to 90        the Colorado Secretary of State at or ask your local
          munity corrections board that has jurisdiction over the treatment program) accepts days if less than high risk.                                                                         county clerk and recorder for more information.
         the parolee.                                                                                                                                                                                                                                                                     As an organization CCJRC is very mindful and dutiful about staying focused on our mission
 The parole board is required to make sure the level of treatment ordered is consistent         If parole is revoked and the person is serving a sentence for a class 5 or 6 felony for a         Elections in Colorado are changing. In many counties, more and more elections are which is to reverse the trend of mass incarceration in Colorado.
 with the treatment level need of the parolee based on an assessment. If the parolee is         nonviolent offense, the only option available to the parole board is to revoke to a CRCF.         being conducted using mail-in ballots instead of walk-in precincts and vote centers.
 unsuccessful in participating in treatment or is terminated, the parole board may consider House Bill 1360, passed in 2010, gives the parole board the discretion to also revoke                 This is because it’s less expensive to cast votes through the mail, and many voters The CCJRC Board of Directors recently voted to formally oppose Amendment 60,
 placement of the parolee in a higher level of treatment, if appropriate, instead of revoking someone convicted of a class 4 nonviolent felony to CRCF.                                           indicate they prefer to vote by mail.                                                   Amendment 61, and Proposition 101 because, as a part of the larger nonprofit sector,
 parole.                                                                                                                                                                                                                                                                                  CCJRC also has a duty is to serve a broad public interest. The Board of Directors concluded
                                                                                                Therefore, for people convicted of a class 4 nonviolent felony whose parole is revoked for        Do I have to prove I have served my prison sentence and parole in order to that these measures will have a negative impact on the public interest and therefore we join
 Although the parole board already had the authority to require participation in treatment      a technical violation, the parole board has two options:                                          register to vote or to vote?                                                            the opposition effort.
 as a condition of parole, HB 1360 actually provided funding for 70 slots in residential             • revoke to CRCF for 180 days                                                                No, but for those who register to vote soon after completing parole, it’s a good idea
 treatment programs in different parts of the state.                                                 • revoke to prison for 180 days if high risk or greater or up to 90 days if less             to bring your parole discharge documentation with you when you register to vote. In reaching this conclusion, CCJRC is not saying that issues related to taxation and govern-
                                                                                                        than high risk                                                                            Your name may still appear on the database as being under the supervision of the ment spending aren’t worthy of serious scrutiny, debate and even reform. CCJRC also
 HB 1360 also changed the maximum amount of time some people can be re-incarcerat-
 ed for a technical parole violation. Specifically, if parole is revoked for a technical viola-                                                                                                   Department of Corrections, so the voting official may ask you for proof that you strongly supports the right of citizens to petition issues on the ballot. However, the more
                                                                                                QUESTION: What is a risk assessment instrument and which one will the DOC and                                                                                                             complicated the issue and the more sweeping the reform, the less appropriate the ballot
 tion, the maximum amount of time someone can be re-incarcerated is 90 days if the                                                                                                                have completed parole.
                                                                                                parole board use?                                                                                                                                                                         process is as a mechanism to develop effective public policy and the greater the risk of unin-
 parolee was assessed as lower than high risk and the parolee’s underlying conviction           Risk assessment instruments use statistics to predict behavior. For example, the insur-
 was not for a crime of violence, menacing, or stalking. A parolee can be re-incarcerated ance industry uses statistics to determine if someone is likely to have a high or low risk of           What if I was convicted for a crime in another state or convicted of a federal tended consequences. Diverse stakeholders, experts, and public input is generally limited or
 in prison for up to 180 days if s/he is assessed as high risk or is revoked to a community having an automobile accident. (There’s a reason why young men often pay more for car                 crime?                                                                                  nonexistent in the development of ballot initiatives and public education is often reduced to
 return to custody facility or community corrections facility and the underlying conviction     insurance. As a group, young men are more likely to be in a car accident.) The same               Your right to vote is determined by the state in which you live. If you’re a resident campaign slogans during the election season.
 was not for a crime of violence, menacing, or stalking.                                        principle applies when an assessment is done to determine someone’s risk of re-offense.           of Colorado and you are eligible to vote under Colorado law, you can vote regard-
                                                                                                                                                                                                  less of what state or federal court you were convicted in.                              Additionally, two of these measures (Amendment 60 and 61) are proposed amendments to
                                                                                                A risk score doesn’t say that a person will or will not reoffend. A risk assessment is only
 HB 1360 also expanded eligibility for placement in a community return to custody facility able to say that someone has the characteristics that put them in a group which has a cer-                                                                                                     the Colorado Constitution. This is disturbing and troubling enough, in itself, to warrant oppo-
 (rather than prison) for a technical parole violation for people convicted of a class 4                                                                                                          Do I have to pay off all my restitution before I can vote?                              sition. Often, proposing a reform as an amendment to the Constitution is an intentional
                                                                                                tain risk level of reoffense (low, medium, high).
 felony, excluding people convicted of crimes of violence and stalking.                                                                                                                           No. Payment of restitution is not a condition of voting eligibility.                    strategy by proponents to “lock-in” the reform to prevent the General Assembly from being
                                                                                                HB 1360 does not require that the DOC or Parole Board use a specific risk assessment                                                                                                      able to repeal or make revisions through the legislative process. We understand this tempta-
 HB 1360 also appropriated approximately $4.5 million in this year’s state budget for treat- instrument but it must be “research-based” which means it has to be validated through                Is it a crime to vote in an election before I’m legally eligible to vote?               tion as activists dedicated to achieving long-term, substantive reform and as activists who
 ment and re-entry support services for parolees. The DOC is also required to submit a          research that it is competent to predict risk of reoffense with a satisfactory level of accura-   Yes. As of July 2006, it is a class 5 felony to register to vote or to vote in an elec- have been frustrated, at times, by the legislative process.
 status report to the legislature each year beginning on January 15, 2011.                      cy. It is our understanding that a risk assessment has to be done recently (within the past       tion for which you are not eligible to vote (Colorado Revised Statute §1-13-704.5).
                                                                                                six months) to be current.                                                                                                                                                               The following summaries were taken from the blue book prepared by Legislative Council.
 QUESTION: Can the parole board still send someone back to prison for the                                                                                                                                                                                                                These are each complicated measures with many components and nuances so we strongly
                                                                                                                                                                                                  Unfortunately, the current law is not specific enough to include all of the sentencing
 remainder of their mandatory parole period with the passage of HB 1360?                        We have been told that the Division of Adult Parole will use the Level of Supervision                                                                                                    encourage people to read the full text of the blue book before voting.
 If someone is revoked on parole, the options available to the parole board differ depend- Inventory (LSI). The Parole Board is also already required to consider a persons risk level            scenarios that exist. This has created several gray areas regarding voting eligibili-
 ing on the type and felony class of crime for which that person was serving parole and                                                                                                           ty. CCJRC is working to clarify these areas, but at this time we recommended that
                                                                                                based on the Colorado Actuarial Risk Assessment Scale, or CARAS.                                                                                                                         Amendment 60 would change several aspects of Colorado’s property tax system to reduce
 whether parole was revoked due to a technical violation or a new crime. Pursuant to                                                                                                              people on home detention as part of a sentence for a felony conviction or people the amount of property taxes paid by individuals and businesses to school districts, counties
 CRS 17-22.-404, there are four broad categories.                                                                                                                                                 who are diversion clients in a community corrections facility on nonresidential sta- special districts, cities and towns. The measure phases in a reduction in school district
                                                                                                QUESTION: Which residential treatment programs were funded under HB 1360?
                                                                                                As part of HB 1360, the Department of Public Safety (Office of Community Corrections)
                                                                                                                                                                                                  tus consult with an election official before registering to vote.                      property taxes over ten years and requires that the reduced property taxes be replaced with
 Parole revoked due to the commission of a new crime                                            received money to contract for 70 additional beds in community corrections programs that                                                                                                    state funding.
 If parole was revoked because of the commission of a new crime, a parolee can be               provide effective residential treatment to people on parole. We have been told that these         The fact that disenfranchisement laws (taking away someone’s right to vote) vary
 returned to prison for the remainder of the parole period or to serve the new sentence,        contracts have been awarded as follows:                                                           by state can create confusion, with the end result being that people with criminal        Amendment 61 places new restrictions on government borrowing. Beginning in 2011,
 whichever is longer. A conviction for a new crime includes municipal violations, petty                                                                                                           records who are actually eligible to vote may not know it. That’s why CCJRC has           Amendment 61 prohibits all future borrowing by state government and limits future borrowing
 offenses, misdemeanors, and felonies. It would be up to the parole board whether or not IRT (Intensive Residential Treatment-90 day program)                                                     worked for years to educate people in Colorado with criminal records about when           by local governments, including cities, counties, school districts, special districts, and enter-
 to release the person back onto parole.                                                        Larimer County Community Corrections, Ft. Collins-12 slots; ComCor, Inc, Colorado                 they are eligible to vote.                                                                prises. The measure also requires that governments lower tax rates after borrowed money
                                                                                                Springs- 12 slots; and San Luis Valley Community Corrections, Alamosa – 6 slots                                                                                                             is fully repaid, even if the borrowing was repaid from a source other than taxes.
 Parole revoked for a technical violation and serving sentence for crime of violence                                                                                                              CCJRC believe that voting is very important even though people may be frustrated
 If parole was revoked for a technical violation and the person was on parole following a       TC (Therapeutic Community-9-12 month program)                                                     and disillusioned with the political process or with certain candidates. For those with   Proposition 101 reduces or eliminates various taxes and fees on income, vehicles, and
 conviction for a crime of violence as defined in CRS § 18-1.3-406(2), s/he can be              ARTS (Peer I and the Haven) in Denver-6 slots; and Crossroads Therapeutic Community               criminal records and their allies, your voice is even more important because many         telecommunications services. Some of the reductions are phased in over time.
 returned to prison for up to the remainder of his/her parole period. The parole board also in Pueblo-4 slots
                                                                                                                                                                                                  of the issues and candidates you will vote on in November will determine criminal
 has the authority to revoke someone to community corrections or a pre-parole release
                                                                                                                                                                                                  justice policy in Colorado. For those released from prison and who have complet-          The following analysis of each measure was taken from information developed by Looking
 and revocation facility (like Cheyenne Mountain Re-entry Center) for up to 180 days, or
                                                                                                Several community corrections programs have contracts (and credentials) to provide both           ed parole, CCJRC believes that voting is an important part of re-entering society.        Forward, a collaboration between the Colorado Fiscal Policy Institute, the
 to county jail for up to 90 days. However, these options are rarely utilized. Most people in
                                                                                                residential mental health and substance abuse treatment including ICCS (Lakewood),                It’s one of the ways you can reclaim your civic voice. Voting is a responsibility of      Colorado Children's Campaign and the Bell Policy Center.
 this category will be revoked for up to the remainder of their parole period. It is up to the
                                                                                                Mesa County Community Corrections (Grand Junction), ComCor Inc (Colorado Springs)                 every citizen in a democracy.
 parole board to decide whether or not to release the person back out on parole.
                                                                                                and Larimer County Community Corrections (Ft Collins). Funding was provided for 20 slots                                                                                        Amendment 60 will overturn almost two decades of property tax decisions approved by vot-
                                                                                                for parolees but we’ve been told that there may be more available.                                Don’t forget! The last day to register to vote is Monday, October 4th and the ers in local elections and will force local districts to cut their property taxes for their own
 Parole revoked for a technical parole violation and serving sentence for a:
 class 2 or 3 felony that is not a crime of violence as defined in CRS § 18-1.3-406(2),                                                                                                           General Election is on November 2nd.                                          schools in half. By mandating that all local governments reduce property tax revenue,
                                                                                                If the parole board orders the person on parole to attend outpatient treatment as a condi-                                                                                      Amendment 60 will restrict local voters’ support for their own community and ability to control
 or a class 4 felony that is a nonviolent offense as defined in CRS § 17-22.5-
                                                                                                tion of parole, the DOC has an Approved Treatment Provider list and parolees would need           If you have any questions, feel free to contact CCJRC at 303-825-0122 or their own budget. Amendment 60 will overturn local property tax decisions.
                                                                                                to go to one of those providers for treatment.                                                                                                                                                                            Continued on page 4

                                                                                                                                                                                                                                                                                                                                                              3 CCJRC • Fall 2010
2 CCJRC • Fall 2010

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