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Staff Publications

Crimes of Violence and Habitual Offender Sentencing Data

This memo explains enhanced sentencing requirements for two different criminal offense categories: crimes of violence and habitual offenders. It also provides sentencing data for offenders convicted of crimes of violence or as habitual offenders between 2014 and 2016.  During this three year period, 416 offenders were sentenced to the Department of Corrections (DOC) for crimes of violence and 150 were sentenced to the DOC as habitual offenders. Sentencing data for these offenders are shown by crime, felony classification, sentencing range, and county

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Staff Publications

Second Look Sentencing

This memorandum provides information concerning second look sentencing.  Second look sentencing refers to sentence modification that occurs while an offender is serving his or her term of incarceration.  This memorandum briefly describes second look sentencing and discusses the differences between it and other forms of sentence modification.  The memorandum then explains second look sentencing schemes for juveniles in other states, describing Oregon’s scheme in detail, as well as discussing a recently created Colorado program for juvenile offenders.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Staff Publications

Overview of Colorado's Mandatory Minimum Sentencing Scheme

This memorandum provides an overview of the mandatory minimum sentencing schemes in Colorado law.  It provides information on the general categories of offenses subject to enhanced prison sentences and specific crimes that require a mandatory minimum sentence. Three years of sentencing data are included to show the application of the sentencing schemes for each category of offense.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement









Staff Publications

Overview of Colorado's Sentencing Scheme

This memorandum provides an overview of the sentencing categories in state law for felony and misdemeanor offenses, including special offender sentencing.  The memorandum also explains the sentencing scheme for drug offenses and for habitual offenders.  There are two appendices that accompany this memorandum.  Appendix A provides a summary of sentencing legislation since 2010.  Appendix B lists the ranges for felony presumptive sentencing and special sentencing categories.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Civil Asset Forfeiture

Recent federal policy changes have increased public awareness of asset forfeiture, a process through which a law enforcement agency can seize property that may have been involved in a criminal action.  While federal policy affects federal seizures in the state, Colorado law governs how state and local agencies participate in seizure actions.  This issue brief summarizes Colorado and federal civil asset forfeiture laws.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement

Staff Publications

Overview of Capital Punishment Under State and Federal Law

This memorandum provides information concerning the use of capital punishment in Colorado and across the country.  The memorandum provides a brief history of Colorado’s death penalty scheme and information on recent U.S. Supreme Court decisions concerning the constitutionality of the death penalty.  It also explains the current death penalty scheme in Colorado, including procedures used in sentencing and required review by trial courts and the Colorado Supreme Court.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Driving Distracted Laws in Colorado

The rise in distracted driving, often associated with ever-present smart phones and mobile devices, has been identified as a cause and contributing factor to automobile crashes. This issue brief gives an overview of state and federal regulations on the issue.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement
  • Transportation & Motor Vehicles

Staff Publications

Charge and Membership of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee

This memorandum provides an overview of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, including the charge of the committee, the committee membership, the bill limits, the bill request deadlines applicable to the committee, and information about the committee staff and website.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Staff Publications

Overview of County Jails

This memorandum provides an overview of county jails, including their function, population served, cost per day, and relationship with the state Department of Corrections.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
  • Local Government

Issue Briefs

Civil Asset Forfeiture Laws

Recent federal policy changes have increased public awareness of asset forfeiture, a  process  through  which  a  law  enforcement agency can seize property that may have been involved  in  a  criminal  action.  

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement

Issue Briefs

Juvenile Justice Systems in Colorado

This issue brief provides an overview of how the justice system treats juveniles found guilty of a crime in Colorado.  It discusses juvenile problem solving courts; detention and commitment; the facilities where juveniles are housed; the programs and services available; requirements for sentencing, parole, and release; and the Youthful Offender System.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Children & Domestic Matters
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement



Issue Briefs

Competency for Criminal Trial in Colorado

 The U.S. Constitution guarantees each citizen the right to a fair trial, which includes the right to be present at the trial, able to understand the nature of the proceedings, and able to participate in his or her defense.  Whether the defendant’s mental health impaired his or her ability to know right from wrong during the alleged commission of a crime is a separate issue.  When the issue of fitness for trial (competency) is raised, Colorado law requires the court to order a competency exam.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
  • Public Health


Staff Publications

Laws Governing Sex Offenders in Colorado (2016)

The purpose of this publication is to compile information on Colorado law related to sex offenses and sex offenders.  Included in this report is the following:

•     a listing of sex offenses in Colorado law;

•     information on the statute of limitations for sex offenses;

•     information on sentencing for sex offenses;

      •     a review of the provisions of Colorado's Lifetime Supervision of Sex Offenders Act;

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Staff Publications

Fraudulent Use of Pets as Service Animals (2016)

This memorandum provides information regarding state laws penalizing those who misrepresent pets or other animals as service animals. Nine states have laws prohibiting the misrepresentation of pets, and nine states have laws prohibiting people from misrepresenting themselves as disabled in order to gain the use of service animals. Colorado prohibits impersonating an individual with disabilities, without specifying the use of a service animal.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Agriculture
  • Civil Law
  • Crimes, Corrections, & Enforcement
  • Human Services