(1) The mission of the commission is to enhance public safety, to ensure justice, and to ensure protection of the rights of victims through the cost-effective use of public resources. The work of the commission will focus on evidence-based recidivism reduction initiatives and the cost-effective expenditure of limited criminal justice funds.
(2) The commission has the following duties:
To conduct an empirical analysis of and collect evidence-based data on sentencingpolicies and practices, including but not limited to the effectiveness of the sentences imposed in meeting the purposes of sentencing and the need to prevent recidivism and revictimization;
To investigate effective alternatives to incarceration, the factors contributing to recidivism, evidence-based recidivism reduction initiatives, and cost-effective crime prevention programs;
To make an annual report of findings and recommendations, including evidencebased analysis and data;
To study and evaluate the outcomes of commission recommendations as implemented;
To conduct and review studies, including but not limited to work and resources compiled by other states, and make recommendations concerning policies and practices in the criminal and juvenile justice systems. The areas of study shall include, but are not limited to, the reduction of racial and ethnic disparities within the criminal and juvenile justice systems. The commission shall prioritize areas of study based on the potential impact on crime and corrections and the resources available for conducting the work.
To work with other state-established boards, task forces, or commissions that study oraddress criminal justice issues;
(I) To study whether existing criminal statutes address abuse of a child or youth in afacility and issue corresponding recommendations concerning any identified gaps in law that may need to be addressed. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the judiciary and the public health care and human services committees of the house of representatives and the judiciary and the health and human services committees of the senate, or any successor committees.
(II) For purposes of this subsection (2)(g), "facility" means a residential child care facility, specialized group facility, foster care home, family child care home, or any other facility subject to the Colorado "Child Care Licensing Act", part 1 of article 6 of title 26; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department; or a facility or community placement, as described in section 19-2-403, for a juvenile committed to the custody of the department of human services. "Facility" does not include any adult detention or correctional facility.
(h) (I) To study and make recommendations on the following issues concerning individuals with substance use disorders who come into contact with the criminal justice system:
Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses;
Best practices for investigating unlawful opioid distribution in Colorado, includingthe potential creation of black market opioid investigatory entities at the state and local levels; and
A process for automatically sealing criminal records of convictions for drug offenses.
On or before July 1, 2020, the commission shall provide a report with its findingsand recommendations made pursuant to this subsection (2)(h) to the judiciary and the public health care and human services committees of the house of representatives and the judiciary and the health and human services committees of the senate, or any successor committees.
This subsection (2)(h) is repealed, effective June 30, 2021.
(2.5) (a) Using empirical analysis and evidence-based data, the commission shall study sentences in Colorado.
(b) to (d) Repealed.
(2.7) and (2.8) Repealed.
(2.9) (a) On or before June 30, 2020, the Colorado commission on criminal and juvenile justice shall complete the study described in subsection (2.9)(b) of this section and make recommendations to the general assembly regarding age of delinquency issues. The commission may invite additional interested parties to be part of the study.
(b) The commission shall:
(I) Compile data regarding all criminal filings in the state from the last three years that data is available in which a defendant is at least eighteen years of age, but younger than twentyfive years of age, which data, as available, must include the following:
The age, race, and ethnicity of the defendant;
The judicial district of the filing;
The crime or crimes charged;
The disposition of the charges filed;
The sentence imposed and the outcome;
The overall outcome of the person in the system and whether the person was successful or not in completing his or her sentence;
Any prior services provided through criminal and juvenile justice involvement; and
Any other research or data that the commission believes would be useful in studyingage of delinquency issues for young adults who are at least eighteen years of age but younger than twenty-five years of age.
Study the established brain research, which shows that young adults who are at leasteighteen years of age but younger than twenty-five years of age are similar to juveniles in that their brains are still developing and have difficulty with qualitative decision-making and they are susceptible to peer influence, risk-takers, and less future-oriented than older adults; study the data collected pursuant to subsection (2.9)(b)(I) of this section; study the potential impacts on the division of youth services and the youthful offender system if they also served young adults; and make recommendations regarding appropriate uses of the juvenile justice system or the youthful offender system for young adults;
Create a report containing the data collected pursuant to subsection (2.9)(b)(I) ofthis section and any recommendations made pursuant to subsection (2.9)(b)(II) of this section by June 30, 2020, and provide that report to the judiciary committees of the house of representatives and the senate, or any successor committees.
(c) This subsection (2.9) is repealed, effective July 1, 2021.
The commission shall establish advisory committees that focus on specific subjectmatters and make recommendations to the full commission. The chairperson of the commission shall select the chairpersons for the advisory committees as well as the commission members to serve on the advisory committees. The chairperson of an advisory committee may select noncommission members from interested members of the community to serve on the advisory committee. Each advisory committee shall make findings and recommendations for consideration by the commission. Noncommission members of an advisory committee shall serve without compensation and without reimbursement for expenses.
The commission, at its discretion, may respond to inquiries referred by members ofthe general assembly, the governor, and the chief justice of the Colorado supreme court, as resources allow.
(a) The division of criminal justice in the department of public safety, in consultation with the department of corrections, shall provide resources for data collection, research, analysis, and publication of the commission's findings and reports.
(b) Upon the request of the commission, the office of legislative legal services created pursuant to section 2-3-501, C.R.S., shall provide a staff member to attend meetings of the commission.
The commission is encouraged to create and make publicly available a documentdescribing the provisions of section 18-1-711, C.R.S.
On or before May 1 of each even-numbered year, the commission shall request aletter from the governor suggesting topics for the commission to study. In preparing the letter, the governor is encouraged to consult with the chief justice of the Colorado supreme court and the majority and minority leaders of the house of representatives and the senate.
Source: L. 2007: Entire article added, p. 1103, § 1, effective May 23. L. 2008: (2)(e) amended, p. 96, § 1, effective March 19. L. 2009: (2.5) added, (SB 09-286), ch. 338, p. 1784, § 2, effective June 1. L. 2012: (6) added, (SB 12-020), ch. 225, p. 988, § 3, effective May 29; (2.7) added, (HB 12-1310), ch. 268, p. 1403, § 28, effective June 7. L. 2013: (2.8) added, (SB 13-
283), ch. 332, p. 1890, § 5, effective May 28; (5) amended, (SB 13-007), ch. 334, p. 1945, § 2, effective May 28. L. 2018: IP(2) amended and (2)(g) added, (HB 18-1346), ch. 326, p. 1963, § 1, effective May 30; (7) added, (HB 18-1287), ch. 318, p. 1910, § 4, effective May 30. L. 2019: (2.9) added, (HB 19-1149), ch. 141, p. 1744, § 1, effective May 3; (2)(h) added, (SB 19-008), ch. 275, p. 2593, § 1, effective August 2.
Editor's note: (1) Subsection (2.5)(d)(II) provided for the repeal of subsections (2.5)(b), (2.5)(c), and (2.5)(d), effective July 1, 2010. (See L. 2009, p. 1784.)
Subsection (2.7)(c) provided for the repeal of subsection (2.7), effective July 1, 2013. (See L. 2012, p. 1403.)
Subsection (2.8)(b) provided for the repeal of subsection (2.8), effective July 1, 2014. (See L. 2013, p. 1890.)
Cross references: For the legislative declaration contained in the 2009 act adding subsection (2.5), see section 1 of chapter 338, Session Laws of Colorado 2009. For the legislative declaration in the 2012 act adding subsection (6), see section 3 of chapter 225, Session Laws of Colorado 2012.