CRIMINAL JUSTICE

Public safety must be evidence-based and use tax dollars wisely.  We should invest in efforts that reduce recidivism, thereby improving public safety and giving former offenders a chance to re-integrate into society.

Below are bills I have sponsored and supported to reform our criminal justice system – to promote evidence-based decision making and prosecution; to support victims of crimes; to reduce recidivism; and to allow offenders who have served their time the chance to turn their lives around.

Strengthening “Red Flag” Laws for Gun Violence Prevention (SB23-170) - Colorado’s Extreme Risk Protection Order law has shown to be a successful tool in preventing guns from ending up in the hands of people who pose a threat to themselves and others. I sponsored this bill to allow more qualified individuals to file a petition for firearm removal as a tool to keep our communities safe from gun violence.  The bill expands the types of professionals who can file a petition to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys.  Status: signed into law.

Rights for Domestic Violence Survivors (HB23-1222) - Municipal courts have jurisdiction over domestic violence cases in several of Colorado’s largest cities, but these courts aren’t required to have the same Victims Rights Act protections as state courts do. The result is that over 1 million Coloradans aren't guaranteed the protections for domestic violence survivors that state law deems necessary and appropriate to keep victims safe and assist their recovery.  I sponsored this bill to require municipal courts to provide the same protections as state courts so all Coloradans can expect equal treatment for domestic violence cases no matter what court handles the case.  Status: signed into law.

Improved Victim Notifications (SB23-193) - If a parole board decides to discharge a parolee early, a crime survivor should have the right to know in advance in order to not be surprised and to have enough time to plan if desired. I sponsored this bill so that when an offender is discharged before their mandatory discharge date, the victim will have 15 days of prior notification.  Status: signed into law.

Protecting Miranda Rights (HB23-1155) - Miranda Rights are familiar to most Americans – these are the required reminders that you have the right to an attorney and that what you say in a police encounter can be used against you.  Miranda rights provide protections to safeguard suspects' Fifth Amendment right against self-incrimination. I sponsored this bill to ensure that Coloradans do not have to worry in the case that the United States Supreme Court overturns or weakens Miranda Rights. This bill codifies Miranda Rights into state law, giving Coloradans the assurance that their Miranda Rights are not at risk of disappearing.  Status: signed into law.

Limiting “No-knock” Entries (SB23-254) – “No-knock” entries into homes by law enforcement are unsafe for both the targeted individuals and law enforcement personnel. If they are to be used at all, they should only be used in situations in which the risk of harm by the no-knock is clearly outweighed by the risk of harm by the ongoing situation. I sponsored this bill to create clear rules and stricter procedures when officers are performing search warrants, including a requirement that no-knock warrants only be issued when there is an imminent danger to the life of a person.  Status: signed into law.

“Second Look” Sentencing (HB23-1292) – Sometimes our sentencing laws operate to impose a “de facto life” sentence for certain offenders of many decades.  Such sentences are not always necessary to protect public safety and cost taxpayers hundreds of thousands of dollars.  I sponsored this bill to allow certain eligible offenders to petition the court for a “second look” modification of their sentence if they have served at least 10 years and can prove that they have conducted themselves positively inside and no longer pose a risk to the community.  Allowing courts to selectively modify sentences is a way to protect public safety while allowing inmates who have truly reformed to re-enter society again, reducing cost to taxpayers and utilizing limited criminal justice capacity for offenders who continue to constitute a risk to safety.  Status: signed into law.

Rationalizing Criminal Sentencing (HB23-1293) - Criminal offenses are added to our laws over the course of many years, with the result that our overall system of criminal laws doesn't always punish comparable crimes equally.  I sponsored this bill to implement the recommendations of the Colorado’s Commission on Criminal & Juvenile Justice (CCJJ) to reclassify some offenses so that “the punishment fits the crime”.  For example, the offense level for identity theft and aggravated animal cruelty is increased, but the offense level for "professional gambling" is decreased.  Status: signed into law.

Increasing Funding To Support Survivors of Crimes (SB22-183) – Historically Colorado and other states have received funding from the federal government to support a wide variety of services for crime survivors. However, due to federal law changes in recent years that the state had no control over, this funding has dropped significantly, threatening reduced services for crime survivors and layoffs of staff in non-profit organizations who provide counseling and other support to survivors. I sponsored this bill to commit $41 million dollars of state funding to these services, with a specific emphasis on services for survivors of sexual assault and domestic violence. STATUS – signed into law.

Improving Screening & Services Brain Injury Survivors (SB22-057) – Brain injuries are insufficiently understood but can have long-lasting impacts on those who suffer them, including survivors of violent crimes like assaults. I sponsored this bill to create a task force of experts that will bring recommendations to the legislature on how to best create screening and treatment programs for people who experience a brain injury due to surviving a crime. STATUS – signed into law.

Continuing Transparency of Jail Population Data (HB22-1208) – We can’t pass good laws without good data, but until recently we had no statewide picture of who was in our county jails and why. For example: were people being held pre-trial or serving a sentence; how long had someone been in jail; and did people have substance use disorders. In 2019 I sponsored HB 1297 to create a state data dashboard to provide this information. In the initial pilot phase, the dashboard was completed on time and on budget. I sponsored this bill to make the data dashboard permanent so everyone interested in criminal justice and public safety can continue to have access to this information. You can see the dashboard here – https://ors.colorado.gov/ors-jaildata. STATUS – signed into law.

Implementing Recommendations of the Commission on Criminal & Juvenile Justice (HB22-1229 and HB22-1257) – Colorado’s Commission on Criminal & Juvenile Justice (CCJJ) is a bipartisan group of prosecutors and defense attorneys, survivors of crimes and people who have committed offenses in the past and served their time, local and state government officials, and others, who work to bring evidence-based recommendations for changes to our criminal justice laws to the legislature. I sponsored these bills to implement the recent recommendations of CCJJ, including procedures for assessing penalties for low-level offenses; punishment for the crime of “possession of a weapon by a previous offender” and making sure that probation supervision is consistent across our state. STATUS – signed into law.

Prosecuting Bias-motivated Crimes (SB21-280) – Bias-motivated crimes don’t just target one victim – they target an entire community of people of a certain race, ethnicity, orientation, religion, or other trait. But some offenders have been able to beat bias crime charges by arguing “mixed motives” – they weren’t attacking someone because of race, for example, they just wanted to steal that person’s wallet. I sponsored this bill to close this loophole so that perpetrators of bias crimes can be prosecuted where the crime motive was in whole or in part due to bias. STATUS: signed into law.

Record Sealing & Collateral Consequences Reduction (HB21-1214) – People who commit crimes should serve a sentence proportionate to their crime. Once they’ve served that sentence, it’s in society’s interest that they get a second chance, including stable housing and gainful, legal employment. But criminal justice records are widely available, making it hard for people to get their lives back on track. I sponsored this bill to give lower level offenders a chance to go to court to seal their records. The court process includes input from crime victims and district attorneys, and a judge must find that sealing is warranted. STATUS: signed into law.

Reforming Procedures for Defendants Who Are Incompetent To Proceed (SB20-181) – Increasingly, defendants with mental health conditions, traumatic brain injuries, or intellectual / developmental disabilities languish in our jails because they are not legally “competent to stand trial” due to the severity of their condition.  Often these individuals are picked up for only lower level offenses.  I sponsored this bill to help redirect defendants who are not “competent to stand trial” out of our jails and into non-criminal justice mental health treatment.  STATUS:  signed into law.

Funding for Justice Reinvestment Efforts (SB19-064) – Since 2013, the “offender re-entry grant program” has been shown to reduce recidivism by up to 80% by more effectively supervising parolees. I sponsored this bill to extend funding for this effective approach to public safety. This bill also extends funding for pilot programs to fund crime victim support efforts and to make business loans and non-profit grants available in crime- impacted communities, including North Aurora, to increase economic opportunity and reduce crime. STATUS: signed into law.

Improving Data Collection for County Jails (HB19-1297) – Currently state officials have no comprehensive picture of who is in our county jails and for what reason, making it harder to know what legislation is effective and what is not when it comes to public safety. I sponsored this bill to generate better data about our criminal justice system by directing county jails to submit quarterly reports to the state’s Division of Criminal Justice. STATUS: signed into law.

Eligibility for Record Sealing (HB19-1275) – Since the 1980s, eligibility to seal criminal records in Colorado has been relatively limited. Data shows that even lower level offenses decades ago can prevent former offenders who have turned their lives around from gaining employment or stable housing. I sponsored this bill to allow former offenders an opportunity to seal records of lower-level offenses after the sentence has been served and if no further crime has been committed. Notification is given to the district attorney and impacted victims, and sealing requires judicial approval for all but the very lowest-level offenses. STATUS: signed into law.

Faster Resolution of Competency Determinations (SB19-223) – “Competency” means that a defendant is mentally able to understand the criminal proceedings and to assist in his or her own defense. It is not constitutional to proceed against a defendant who is not competent. However, for years Colorado has had large backlogs in competency evaluations and restorations. I sponsored this bill to reform our competency system so that evaluations and restorations are made more efficiently and humanely and in a way that complies with constitutional requirements and people do not languish in our jails for years. STATUS: signed into law.

Continuing the Commission on Criminal and Juvenile Justice (HB18-1287) – For 10 years the Commission on Criminal and Juvenile Justice or “CCJJ” has studied the effectiveness of Colorado’s criminal laws and has helped bring about major reforms in areas like drug sentencing.  I sponsored this bill to continue CCJJ for another five years while adding new representatives including a crime victim, a victim advocate, and a former offender so that CCJJ will benefit from many perspectives.  Criminal justice is too important not to be based on research and deliberation.  STATUS: signed into law.

Reforms to parole (HB18-1209) – for 25 years Colorado has sentenced certain offenders to serve a mandatory 5 years of parole once released from a correctional facility. However there is little evidence that 5 years of parole contributes to public safety or reduces recidivism despite an average cost to taxpayers of over $6,000 per year per person on parole. Therefore the bill makes the maximum term of parole 3 years instead of 5 for most offenders (lower level offenders already serve 3 years parole or less).   STATUS: signed into law.

Updates to compassionate release parole (HB18-1109) – Colorado spends an average of $38,000/year to incarcerate someone. For older and sicker inmates, the cost can be two or three times as much. It is not necessary for public safety, a bad use of taxpayer dollars, and morally questionable to incarcerate the most ill and incapacitated inmates.  I sponsored this bill to give the Department of Corrections more discretion to send older and ill inmates to the state parole board to be considered for compassionate release.  STATUS: signed into law.

Collateral sanctions relief (HB18-1344) – Even after completing a sentence, there are hundreds of “collateral consequences” of a criminal conviction that prevent people from getting back to work and earning a living.  I sponsored this bill to expand the ability of adult offenders to seek an order of collateral relief — an individualized determination by a judge that the person has been rehabilitated and should be allowed to seek a professional license to work. The bill also allows orders of collateral relief for juvenile offenders.  STATUS: signed into law.

Collateral consequences reduction in licensing and employment (HB18-1418) – I sponsored this bill to reduce the collateral consequences of prior justice system involvement and help people get back to work and re-integrate into society. The bill provides that individuals who have been charged but not convicted, or have been pardoned, or have had records sealed or expunged may not be barred from a state or local government agency license or certification or job opening. The bill also increases data collection so we can better understand the scope of collateral consequences in the future.  STATUS: signed into law.

Criminal Record Sealing (HB17-1208) – Record sealing is an important mechanism to make sure that defendants will not face barriers to employment and housing.  I sponsored this bill to clarify Colorado’s sealing process so that when a defendant has had charges dropped, or has been acquitted, or has completed a deferred judgment or diversion agreement, the defendant will be eligible to have the related criminal records sealed via an expedited and less expensive process.  STATUS – signed into law.

Oversight of Bail Bonding (SB17-236) – Under existing law, someone obtaining a bond may pledge real property as collateral to secure the bond, but sometimes the bonding agent cannot be located later to release the lien on the property.  I sponsored this bill to add a new consumer protection by allowing the property owner to file a complaint with the state’s insurance commissioner to have the lien released by a court.  The bill also continues existing oversight of bonding agents by the Division of Insurance. STATUS – signed into law.

I’ve also supported criminal justice reform legislation to: