SB 159 — Inmate Earned Time Formula for Sentence to Department of Corrections

NOTE:

This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.

To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

alsoREPRESENTATIVE(S)MabreyandMartinez,Boesenecker,English,alsoREPRESENTATIVE(S) Mabrey andMartinez, Boesenecker, English, Jackson, Lindsay, Ricks, Rydin, Sirota, Smith, Zokaie.

CCONCERNING ONCERNING MEASURES FOR MANAGING THE CAPACITY OF THE DEPARTMENTDEPARTMENTOFCORRECTIONS. OF CORRECTIONS .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

In Colorado Revised Statutes, 17-22.5-405, amend (1.5)(a), (1.5)(b),(l.5)(b), and (9)(a);

and add (1.5)(a.5),(l.5)(a.5), (9)(a.7) and (10) as follows:

(1.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (1.5)(a.5OF(l.5)(a.5) OF THIS SECTIONSECTION, ,earnedtime,nottoexceedtwelveearned FOURTEENtime, daysforeachmonthnot ofincarcerationorparole,maybedeductedfromaninmate'ssentenceiftheto exceed twelve FOURTEENdays for each month ofincarceration orparole, may be deducted from an inmate's sentence ifthe inmate:

________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is not part of the act.

(II)(11) Has not incurred a class I code of penal discipline violation withinthetwenty-fourmonthsimmediatelyprecedingthetimeofwithin creditingthe twenty-four months immediatelypreceding the time ofcrediting or during his or herEheTHE INMATEINMATE'S S entire term ofofincarceration incarcerationifthe if the term is lessthantwenty-fourmonthsorless than twenty-four months or a classIIcodeofclass penaldisciplineviolationII code ofpenal discipline violation within the twelve months immediately preceding the time of crediting or during his or herTHE INMATEINMATE'S 'Sentireentire term of incarceration if the term is less than twelve months;ANDmonths; (III) Is program-compliant.

andAND (IV)(III) WasIs notprogram-compliant. convicted of, and has not previously been convicted of, a felony crime described in section 18-3-303, 18-3-305, 18-3-306, or 18-6-701, sections 18-7-402 to 18-7-407, or section 18-12-102 or 18-12-109,C.R.S.,orafelonycrimelistedinsection24-4.1-302(1),C.R.S.

(a.5)and N(IV) OTWITHSTANDINGWas THEnot FOURTEENconvicted DAYof, LIMITATIONand INhas SUBSECTIONnotpreviously (1.5)(a)OFbeen THISconvicted SECTIONof, ,ANa INMATEfelony CONVICTEDcrime OFdescribed ,ORin ANsection18-3-303, INMATE18-3-305, WHO18-3-306, HASor PREVIOUSLY18-6-70l, BEENsections CONVICTED18-7-402 OFto ,18-7-407, Aor FELONYsection CRIME18-12-102 DESCRIBEDor IN18-12-109, SECTIONC.R.S., 18-3-303,orafelony 18-3-305,etirnelistedinsection24-4.1-302 18-3-306,(1), ORC.R.S. 18-6-701;

(a.5) NOTWITHSTANDING THE FOURTEEN-DAY LIMITATION IN SUBSECTION (1.5)(a)OF THIS SECTION, AN INMATE CONVICTED OF, OR AN INMATE WHO HAS PREVIOUSLY BEEN CONVICTED OF, A FELONY CRIME DESCRIBED IN SECTION 18-3-303, 18-3-305, 18-3-306, OR 18-6-701;

A FELONY MOTOR VEHICLE THEFTTHEFT; ;OR A FELONY CRIME LISTED IN SECTION 24-4.1-302 (1),IS LIMITED TO TWELVE DAYS OF EARNED TIME PER MONTH .

(b)OR TheA earnedFELONY timeCRIME specifiedLISTED inIN subsectionSECTION (1.5)(a)24-4.1-302 THIS(1),IS SUBSECTIONLIMITEDTO (1.5)TWELVE ofDAYS thisOF sectionEARNED mayTIME bePER deductedMONTH. based upon a demonstration to the department by the inmate, which is certified by the inmate's case manager or community parole officer, that he or she THE INMATE has made positive progress in accordance with performance standards established by the department.

(9)(b) (a)The (I) Notwithstanding any provision of this section to the contrary, in addition to the earned time authorizedspecified in thissubsection section,( anl.5)(a)THIS offenderSUBSECTION who( successfully1.5) completes a milestone or phase of anthis educational,section vocational,may therapeutic,be ordeducted reentrybased programupon ora whodemonstration demonstratesto exceptionalthe conductdepartment thatby promotes the safetyinmate, ofwhich correctionalis staff,certified volunteers,by contractors, or other persons under the supervisioninmate's ofcase themanager departmentor ofcommunity corrections,parole mayofficer, bethat awardedhe as01 manyshe asTHE sixtyINMATE dayshas ofmade PAGEpositive 2-SENATEprogress BILLin 26-159accordance achievementwith earnedperformance timestandards perestablished programby milestone or phase, or per instance of exceptional conduct, at the discretiondepartment. of the executive director;

except(9) that(a) (I) Notwithstanding any provision of this section to the contrary, in addition to the earned time authorized in this section, an offender shallwho notsuccessfully completes a milestone or phase of an educational, vocational, therapeutic, or reentry program or who demonstrates exceptional conduct that promotes the safety ofeoneetional staff, volunteers, eonttaeto1s, 01 other persons under the supervision ofthe department of eoneetions, may be awarded moreas thanmany oneas hundredsixty twenty days of PAGE 2-SENATE BILL 26-159 achievement earned time pursuantper toprogram thismilestone subsectionor (9).phase, ot pet instance of exceptional conduct, at the discretion of the executive director;

(II)except Tthat HEan DEPARTMENToffender OFshall CORRECTIONSnot SHALLbe MAKEawarded POLICYmore CHANGESTOMAXIMIZETHEINCENTIVESTOPARTICIPATEINACTIVITIESTHATthan AWARDone ACHIEVEMENThundred EARNEDtwenty TIMEdays FORofachievement OFFENDERSearned WHOtime COMMITpursuant TOto ANDthis PARTICIPATEsubsection IN(9). SELFIMPROVEMENT ACTIVITIES,INCLUDING THERAPEUTIC AND EDUCATIONAL PROGRAMMING .

APPLICABLE(II) THE DEPARTMENT OF CORRECTIONS SHALL MAKE POLICY CHANGESCHANGESTO MAYMAXIMIZETHEINCENTIVESTO INCLUDEPARTICIPATE ,BUTINACTIVITIESTHAT AREAWARD NOTACHIEVEMENT LIMITEDEARNED T:TIME FOR OFFENDERS WHO COMMITTO AND PARTICIPATE IN SELF-IMPROVEMENT ACTIVITIES, INCLUDING THERAPEUTIC AND EDUCATIONAL PROGRAMMING.

(A)APPLICABLE ENSURINGPOLICY THATCHANGES PROGRAMSMAY OFINCLUDE, SIMILARBUT INTENSITY AND DURATION ARE AWARDEDNOT ALIMITED SIMILARTO: NUMBER OF CREDITS ;

(B)(A) INCREASINGENSURING CREDITTHAT AWARDSPROGRAMS FOROF SUSTAINEDSIMILAR ,INTENSITY HIGHAND ENGAGEMENTDURATION INARE WORKAWARDED ASSIGNMENTSA ;ANDSIMILAR (C)NUMBER INCREASING CREDIT AWARDS FOR THE COMPLETION OF ACREDITS; PROGRAM .

(III)(B) FRINCREASING OFFENDERSCREDIT WHOAWARDS SUCCESSFULLYFOR COMPLETESUSTAINED, AHIGH MILESTONEENGAGEMENT OR PHASE OF A BEHAVIORAL HEALTH PROGRAM IN ANWORK AREAASSIGNMENTS; RELATED TO RECOVERY FROM A CONDITION THAT CONTRIBUTED TO THE OFFENDER S UNDERLYING OFFENSE ,INCLUDING SUBSTANCE USE TREATMENT ,ANGER MANAGEMENT OR OTHER BEHAVIORAL HEALTH NEEDS ,AS RECOMMENDED BASED ON NEEDS IDENTIFIED ON THE INTAKE ASSESSMENT ,THE TOTAL ACHIEVEMENT EARNED TIME THAT CAN BE AWARDED PURSUANT TO THIS SUBSECTION (9)(a)IS ONE HUNDRED FIFTY DAYS.

(a.7)AND NOTWITHSTANDING(C) ANYINCREASING PROVISIONCREDIT OFAWARDS THISFOR SECTION TO THE CONTRARYCOMPLETION ,INADDITIONTOTHEEARNEDTIMEAUTHORIZEDINTHISSECTION , AN OFFENDER WHO DEMONSTRATES EXCEPTIONAL CONDUCT THAT PROMOTES THE SAFETY OF CORRECTIONALA STAFFPROGRAM. , VOLUNTEERS , CONTRACTORS ,OR OTHER PERSONS UNDER THE SUPERVISION OF THE DEPARTMENT OFCORRECTIONSMAY BE AWARDED AS MANY AS SIXTY DAYS OF ACHIEVEMENT EARNED TIME PER INSTANCE OF EXCEPTIONAL CONDUCT , AT THE DISCRETION OF THE EXECUTIVE DIRECTOR ;EXCEPT THAT AN OFFENDER SHALL NOT BE AWARDED MORE THAN ONE HUNDRED TWENTY DAYS OF ACHIEVEMENT EARNED TIME PURSUANT TO THIS SUBSECTION PAGE 3-SENATE BILL 26-159 (9)(a.7).

(10)(III)FOR (a)OFFENDERS TWHO HERESUCCESSFULLY ISCOMPLETE CREATEDA THEMILESTONE DEPARTMENTOR PHASE OF CORRECTIONSA COMPREHENSIVEPLANNINGWORKINGGROUPBEHAVIORAL ,REFERREDTOINTHISSECTIONHEALTH ASTHEPROGRAM "WORKINGGROUPIN ".THEEXECUTIVEDIRECTOROFTHEDEPARTMENTAN ,AREA RELATED TO RECOVERY FROM A CONDITION THAT CONTRIBUTED TO THE OFFENDER'S UNDERLYING OFFENSE, INCLUDING SUBSTANCE USE TREATMENT, ANGER MANAGEMENT, OR THEIROTHER DESIGNEE,SHALLBEHAVIORAL SERVEHEALTH NEEDS, AS CHAIRRECOMMENDED OFBASED ON NEEDS IDENTIFIED ON THE WORKINGINTAKE GROUPASSESSMENT, .THE TOTAL ACHIEVEMENT EARNED TIME THAT CAN BE AWARDED PURSUANT TO THIS SUBSECTION (9)(a)IS ONE HUNDRED FIFTY DAYS.

THE(a.7)NOTWITHSTANDING WORKINGANY GROUPPROVISION SHALLOF DEVELOPTHIS RECOMMENDATIONSSECTION FORTO ATHE CAPACITYCONTRARY,INADDITIONTOTHEEARNEDTIMEAUTHORIZEDINTHISSECTION, MANAGEMENTAN PLANOFFENDER FORWHO THEDEMONSTRATES DEPARTMENTEXCEPTIONAL CONDUCT THAT ISPROMOTES DATATHE -DRIVENSAFETY ,ALIGNSOF WITHCORRECTIONAL BESTSTAFF, PRACTICESVOLUNTEERS, ,ANDCONTRACTORS, ISOR INFORMEDOTHER BYPERSONS UNDER THE INPUTSUPERVISION OF THE DEPARTMENT STAFF,OF INCARCERATEDCORRECTIONS PEOPLEMAY ,VICTIMSBE ,ANDAWARDED OTHERAS CRIMINALMANY JUSTICEAS STAKEHOLDERSANDSUBJECTMATTEREXPERTSREGARDINGSTRATEGIESTOSIXTY :DAYS OF ACHIEVEMENT EARNED TIME PER INSTANCE OF EXCEPTIONAL CONDUCT, AT THE DISCRETION OF THE EXECUTIVE DIRECTOR;

(I)EXCEPT ASSESSTHAT EFFICACY,AVAILABILITYAN ,ANDOFFENDER GAPSSHALL REGARDINGNOT PRISONBE PROGRAMMINGANDCLINICALCARETOMAXIMIZEINMATEREHABILITATIONAWARDED ANDMORE PREPARATIONTHAN FORONE RELEASEHUNDRED ;TWENTY DAYS OF ACHIEVEMENT EARNED TIME PURSUANT TO THIS SUBSECTION PA G E 3-SENATE BILL 26-159 (9)(a.7).

(II)(10) IENTIFYBOTTLENECKSANDINEFFICIENCIESREGARDINGINMATE(a) RELEASEPROCESSESTHERE CROSSIS -AGENCYCOORDINATIONCREATED ,VICTIMNOTIFICATIONTHE ANDDEPARTMENT ENGAGEMENTOF ,ANDCORRECTIONS INMATECOMPREHENSIVEPLANNING RELEASEWORKING DECISIONGROUP, -MAKINGREFERREDTO ;INTHIS SECTION AS THE "WORKINGGROUP".

(III)THE ESURETHATAPPROPRIATESUPERVISIONEXECUTIVEDIRECTOROFTHE ,PLACEMENTOPTIONSDEPARTMENT, ,OR ANDTHEIR SERVICESDESIGNEE, ARESHALL AVAILABLESERVE TOAS IMPROVECHAIR SUCCESSFULOF OUTCOMESTHE FORWORKING PERSONSGROUP. RELEASED FROM PRISON ;

(IV)THE MWORKING ANAGEGROUP GROWTHSHALL INDEVELOP PRISONRECOMMENDATIONS POPULATIONFOR TOA AVOID OVERCROWDING ;AND (V) IDENTIFY CHANGES NEEDED TO CURRENT PRISON OPERATIONAL CAPACITY ,INMATECLASSIFICATIONMANAGEMENT ,ORFACILITYSECURITYCLASSIFICATIONPLAN LEVELFOR TOTHE MOSTDEPARTMENT COSTTHAT EFFECTIVELYIS ADDRESSDATA-DRIVEN, CURRENTALIGNS PRISONWITH BEDBEST UTILIZATIONPRACTICES, AND ANYIS PROJECTEDINFORMED FUTUREBY PRISON BED NEEDS TO ENSURE ALIGNMENT BETWEEN THE CLASSIFICATIONINPUT LEVEL OF THEDEPARTMENT INMATESTAFF, POPULATIONINCARCERATED ANDPEOPLE, THEVICTIMS, SECURITYAND LEVELOTHER OFCRIMINAL PRISONJUSTICE BEDSSTAKEHOLDERSANDSUBJECTMATTEREXPERTS AVAILABLEREGARDING ORSTRATEGIESTO: NEEDED .

(b)(I) THEASSESS WORKINGEFFICACY, GROUPAVAILABILITY, CONSISTSAND OFGAPS :REGARDING PRISON PROGRAMMING AND CLINICAL CARETO MAXIMIZE INMATE REHABILITATION AND PREPARATION FOR RELEASE;

(I)(II)IDENTIFYBOTTLENECKSAND TINEFFICIENCIES HEREGARDING EXECUTIVEINMATE DIRECTORRELEASE OFPROCESSES, THECROSS-AGENCY DEPARTMENTCOORDINATION, ,ORVICTIM THEIRNOTIFICATION DESIGNEEAND ,WHOENGAGEMENT, ISAND THEINMATE CHAIRRELEASE OFDECISION-MAKING; THE WORKING GROUP ;

PAGE(Ill)ENSURETHATAPPROPRIATESUPERVISION, 4-SENATEPLACEMENTOPTIONS, BILLAND 26-159SERVICES (II)ARE HEEXECUTIVEDIRECTOROFTHEDIVISIONOFCRIMINALJUSTICEAVAILABLE INTO THEIMPROVE DEPARTMENTSUCCESSFUL OFOUTCOMES PUBLICFOR SAFETYPERSONS ,ORRELEASED THEIRFROM DESIGNEE;PRISON;

(III)(IV) ONEMANAGE DISTRICTGROWTH ATTORNEYIN ,ORPRISON THEIRPOPULATION DESIGNEE,APPOINTEDTO BYAVOID THEOVERCROWDING; EXECUTIVE DIRECTOR OF THE C OLORADO DISTRICT ATTORNEYS ' COUNCIL ;

(IV)AND ONEPUBLICDEFENDER(V) ,ORTHEIRDESIGNEEIDENTIFY ,APPOINTEDBYTHECHANGES STATENEEDED PUBLICTO DEFENDERCURRENT ;PRISON OPERATIONAL CAPACITY, INMATECLASSIFICATION, ORFACILITY SECURITY CLASSIFICATION LEVEL TO MOST COST-EFFECTIVELY ADDRESS CURRENT PRISON BED UTILIZATION AND ANY PROJECTED FUTURE PRISON BED NEEDS TO ENSURE ALIGNMENT BETWEEN THE CLASSIFICATION LEVEL OF THE INMATE POPULATION AND THE SECURITY LEVEL OF PRISON BEDS AVAILABLE OR NEEDED.

(V)(b) O NESHERIFF,ORTHEIRDESIGNEE ,APPOINTEDBYTHEPRESIDENT OF THE COUNTYWORKING SHERIFFSGROUP OFCONSISTS COLORADOOF: BOARD OF DIRECTORS ;

(VI)(I) OTHE NEEXECUTIVE BEHAVIORALDIRECTOR HEALTHOF EXPERTTHE DEPARTMENT, OR PROFESSIONALTHEIR ,DESIGNEE, APPOINTEDWHO BYIS THE PRESIDENTCHAIR OF THE SENATEWORKING ;GROUP;

(VII)P ONEA MEDICALG PROFESSIONALE WITH4-SEN EXPERIENCEA INTE PRISON-BASEDBILL26-159 HEALTH(IITHEEXECUTIVEDIRECTOROFTHE SERVICESDIVISIONOFCRIMINALJUSTICE ,APPOINTEDIN BY THE PRESIDENTDEPARTMENT OF THEPUBLIC SENATESAFETY, ;OR THEIR DESIGNEE;

(VIII)(III)ONE ONEDISTRICT CRIMEATTORNEY, VICTIM OR SURVIVORTHEIR ,ORDESIGNEE, AAPPOINTED REPRESENTATIVEBY OFTHE AEXECUTIVE GROUPDIRECTOR THATOF ADVOCATES FOR CRIME VICTIMS OR SURVIVORS ,APPOINTED BY THE HOUSECOLORADO MINORITYDISTRICT LEADERATTORNEYS' ;COUNCIL;