(1) (a) There is hereby created in the department of public safety the Colorado commission on criminal and juvenile justice, referred to in this article as the "commission". The commission shall have the powers and duties specified in this article.
(b) The commission shall exercise its powers and perform its duties and functions as if the same were transferred to the department of public safety by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.
(2) (a) The commission consists of twenty-nine voting members, as follows:
The executive director of the department of public safety, or his or her designee;
The executive director of the department of corrections, or his or her designee;
The executive director of the department of human services, or his or her designee;
The executive director of the department of higher education, or his or her designee;
The attorney general, or his or her designee;
(V.5) The executive director of the Colorado district attorneys' council, or his or her designee, and one elected district attorney, to be designated by the Colorado district attorneys' council;
The state public defender, or his or her designee;
The chairperson of the state board of parole, or his or her designee;
The chairperson of the juvenile parole board, or his or her designee;
Two members appointed by the chief justice of the Colorado supreme court fromthe judicial branch, at least one of whom shall be a current or retired judge; (X) Four members of the general assembly appointed as follows:
One member appointed by the speaker of the house of representatives;
One member appointed by the minority leader of the house of representatives;
One member appointed by the president of the senate; and
One member appointed by the minority leader of the senate; and(XI) Thirteen members appointed by the governor as follows:
A representative of a police department;
A representative of a sheriff's department;(C) An expert in juvenile justice issues; (D) Repealed.
A county commissioner;
A criminal defense attorney;
A representative of a victims' rights organization;
One member who is a representative of a community corrections provider, a community corrections board member, or a behavioral, mental health, or substance use disorder treatment provider;
One member who is a victim, as defined in section 24-4.1-302 (5), who has demonstrated knowledge of the criminal justice system and its impacts;
A person who is a former offender who has demonstrated knowledge of the criminaljustice system and its impacts;
A representative of a nonprofit organization representing municipalities;(L) A victim's advocate, as defined in section 13-90-107 (1)(k)(II); and (M) Two members who shall be appointed at-large.
(b) The director of the division of criminal justice in the department of public safety shall serve as a nonvoting member of the commission.
(3) (a) The appointed members of the commission shall serve terms of three years; except that the members first appointed pursuant to sub-subparagraphs (D) to (I) of subparagraph (XI) of paragraph (a) of subsection (2) of this section shall each serve a two-year term. The members appointed after the initial two-year terms shall serve three-year terms.
Each appointing authority shall appoint the initial appointed members of the commission within sixty days after May 23, 2007. The governor shall appoint the commission members described in subsection (2)(a)(XI)(I), (2)(a)(XI)(J), (2)(a)(XI)(K), and (2)(a)(XI)(L) of this section on or before July 1, 2018. An appointed member shall not serve more than two consecutive full terms, in addition to any partial term. In the event of a vacancy in an appointed position by death, resignation, removal for misconduct, incompetence, neglect of duty, or otherwise, the appointing authority shall appoint a member to fill the position for the remainder of the unexpired term.
A person who has been appointed and subsequently reappointed to the commissionby the same governor in any capacity described in subsection (2)(a)(XI) of this section may not be appointed by the same governor to serve in any other capacity described in said subsection (2)(a)(XI).
(4) (a) The governor shall select the chairperson and vice-chairperson of the commission from among its members.
(b) The members of the commission shall serve without compensation except as otherwise provided in section 2-2-326, C.R.S., and except that the members of the commission may be reimbursed for any actual and necessary travel expenses incurred in the performance of their duties under this article.
The commission may establish by-laws as appropriate for its effective operation.
The commission shall meet at least once per month or on a schedule determined bythe chairperson to review information necessary for making recommendations.
Members of the commission, employees, and consultants shall be immune from suitin any civil action based upon any official act performed in good faith pursuant to this article.
Source: L. 2007: Entire article added, p. 1101, § 1, effective May 23. L. 2014: (4)(b) amended, (SB 14-153), ch. 390, p. 1961, § 8, effective June 6. L. 2017: IP(2)(a) and (2)(a)(XI)(H) amended, (SB 17-242), ch. 263, p. 1298, § 123, effective May 25. L. 2018: IP(2)(a), IP(2)(a)(XI), (2)(a)(XI)(H), (2)(a)(XI)(I), and (3)(b) amended, (2)(a)(V.5), (2)(a)(XI)(J), (2)(a)(XI)(K), (2)(a)(XI)(L), (2)(a)(XI)(M), and (3)(c) added, and (2)(a)(XI)(D) repealed, (HB 18-1287), ch. 318, p. 1909, § 3, effective May 30.
Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.