The bill provides the purposes of community corrections programs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes a process for a defendant who has paid a monetary amount due for a criminal conviction in a district or county court to request a refund of the amount paid if: The conviction was overturned and either the charges were dismissed or the person was acquitted following a new trial; or All or part of an order for restitution was reversed and the defendant paid more restitution than was ultimately ordered. The bill directs the state court administrator to pay to the defendant the amount of any refund found due.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the cash surrender value of life insurance held by a debtor for 48 months or longer up to $100,000 is exempt from attachment or execution. The bill increases this exemption up to $250,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows the district attorney to consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences, as part of a recommended sentence in a plea bargain. The bill directs that the presentence report must indicate whether the offender meets the minimum eligibility requirements for participation in restorative justice practices. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Each person elected or appointed to the office of sheriff is required, with certain exceptions, to undergo at least 20 hours of in-service training each year during the sheriff's term. The bill modifies this provision to require each sheriff to undergo at least the number of hours required for all certified peace officers by the peace officers standards and training board (POST board), but in no case less than 20 hours. Current law further requires the training to be provided by the county sheriffs of Colorado, incorporated. The bill allows the training to also be provided by any other training resource agency approved by the POST board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Under current law, if an executive branch agency rule, including a form incorporated into a rule, contains a citation to statute and the general assembly later relocates the statute in a way that renders the rule's citation to the statute inaccurate, to update the statutory citation the agency must conduct a rule-making hearing, including issuing a notice and receiving comments. The bill allows agencies to correct statutory citations in the code of Colorado regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general. (Note: This summary applies to this bill as introduced.)
Under current law, members of the restorative justice coordinating council may not be reimbursed for expenses. The bill allows reimbursement of expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, felony murder, a death resulting during the commission of a specifically listed felony, is a class 1 felony. The bill makes felony murder a class 2 felony subject to crime of violence sentencing and modifies the affirmative defense. (Note: This summary applies to this bill as introduced.)
The bill requires the division of criminal justice in the department of public safety (division) to establish and maintain a website containing: Specified information on each criminal forfeiture involving property; and Specified information on how each governmental agency that received proceeds from forfeitures used those proceeds. The bill requires each governmental agency involved in seizing property under forfeiture statutes (seizing agency) to update the information posted on the division's website and establishes consequences if a seizing agency fails to update the website in a timely manner. The executive director of the department of public safety (executive director) is authorized to adopt rules concerning the website. The state auditor is required to annually perform a financial audit of seized property and expenditures of forfeiture proceeds and submit a report on the audit to certain committees of the general assembly and to the executive director. The executive director shall submit an annual report to certain committees and officers summarizing seizure and forfeiture activities in the state. The bill prohibits a seizing agency from transferring or referring seized property to a federal governmental agency for forfeiture litigation unless the property includes currency in excess of $100,000. The bill authorizes the division to charge a seizing agency a fee when the seizing agency updates the website to offset the division's costs of developing and maintaining the website. The bill establishes a cash fund for the fees. The bill clarifies that information and reports developed pursuant to the bill are public records subject to inspection under the 'Colorado Open Records Act'. (Note: This summary applies to this bill as introduced.)
