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Issue Briefs

Judicial Selection and Retention (18-12)

The Colorado Constitution allows voters to decide whether justices and judges stay on the bench after they have been appointed and have had time to establish a judicial record by serving an initial term.  Some form of this process, otherwise known as the merit selection and retention of justices and judges, is used in the majority of states. The intent is to emphasize judicial qualifications over political or social connections.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial

Summary of Major Legislation

Summary of Crimes and Law Enforcement Legislation (2018)

During the 2018 legislative session, the General Assembly introduced numerous bills concerning crimes,criminal penalties, and law enforcement.

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

Summary of Major Legislation

Summary of Civil Law Legislation (2018)

During the 2018 legislative session, the Colorado General Assembly considered measures related to civil law. Specifically, the legislature considered bills regarding civil protections, the statute of limitations for domestic violence offenses, immunity, jurisdiction, and liability.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial

Summary of Major Legislation

Summary of Courts and Judicial Legislation (2017)

During the 2017 legislative session, the General Assembly considered measures related to judicial performance, state and local court administration, court proceedings involving juveniles, evidence and court procedures, and records sealing.  This document summarizes the legislation.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial

Staff Publications

State Laws Addressing Age of Sexual Consent

This memorandum provides an overview of state laws that address age of consent for sexual activity.  More specifically, it provides information about the age of sexual consent in Colorado and other states, including exemptions that allow a person below the age of consent to have lawful sex with an older person.  The memorandum further outlines the sexual abuse charges that are used to prosecute age of consent and sexual assault-related crimes within Colorado.

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

Issue Briefs

Citizens Guide to Judicial Complaints (18-01)

What can a person do if he or she feels that an attorney or judge in a legal matter acted unprofessionally?  In Colorado, there are formal complaint processes to review the conduct of attorneys and judges and to administer discipline when warranted.  Additionally, voters can choose whether to retain or dismiss judges who are up for retention in an election.  This issue brief provides an overview of these complaint and retention processes.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial

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

Issue Briefs

Judicial Performance Evaluation Process

 There are 324 justices and judges in Colorado.  Seven justices preside over the Supreme Court and issue binding majority decisions on lower court rulings.  Additionally, 317 judges preside over other various courts, including the Court of Appeals (22 judges), district courts (181 judges), and county courts (114 judges). 

 

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial
  • State Government

Summary of Major Legislation

Summary of Civil Law Legislation (2017)

During the 2017 legislative session, the General Assembly considered measures related to construction defects, music performance contracts, property transfers, trusts, and the Right to Rest.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial










Other

State Historical Fund, Courthouse Funding

Presented to the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee at its July 2017 meeting.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • State Government

Other

State Historical Fund Courthouse Grants

Presented to the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee at its July 2017 committee.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • General Assembly



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