Prison Moratorium Coalition-Summary of SB 177

[<cdonner2@juno.com>]

PRISON MORATORIUM COALITION
PREVENTION, TREATMENT, AND ALTERNATIVES WORK
Prison should be the last resort

LEGISLATIVE AGENDA 2001

DRUG SENTENCING REFORM & PRISON MORATORIUM BILL
SB 177 (sponsor-Senator Penfield Tate) 

Summary:  SB 177 would (1) repeal all mandatory minimum sentences for drug
crimes; (2)  repeal the mandatory sentencing under the "Special Offender"
statute; (3) change the habitual offender law to only include Class 1,2,3
felonies unless the crime was against a child or a crime of violence; (4) 
place a two year moratorium on funding for prison construction/expansion;
(5) ban any new private prisons and would prevent renewal of any existing
contracts with private prisons; (6)  establish a task force to study drug
sentencing, alternatives to incarceration and restorative justice; (7) 
prohibit the transfer of Colorado prisoners to out-of-state facilities and
prohibit the housing of out-of-state prisoners in Colorado private prisons;
(8)  establish a citizen's council on corrections.

1. Eliminate mandatory minimum sentences and fines for drug crimes. 
Currently, the following drug crimes carry a mandatory prison sentence in
Colorado:  (CRS 18-18-405)
· Unlawful distribution, manufacturing, dispensing, sale, or possession of:

· at least 25 grams or one ounce of a schedule I or II controlled substance 
(mandatory sentence: at least minimum of presumptive range)
· at least 450 grams or one pound of a schedule I or II controlled substance
(mandatory sentence: at least midpoint of presumptive range)
· at least 1,000 grams or more of a schedule I or II controlled substance
(mandatory sentence: max to 2x the presumptive range)
· if two or more drug crimes are committed within six months the court can
aggregate the quantities involved if it equals or exceeds 25 grams 
(mandatory sentence: based on quantity)
(Schedule I or II controlled substances includes (partial list): heroin,
mescaline LSD, peyote, psilocybin, PCP, qualudes, opium, morphine, cocaine,
methadone, amphetamine, methamphetamine or immediate precursor)

SB 177 would repeal all of these provisions and permit the court to decide
the appropriate sentence under the circumstances.

2. Eliminate mandatory minimum sentence under Special Offender statute.  A
person can be convicted as a "special drug offender" if certain
"aggravating" factors are present (see Summary of Colorado Drug Laws).  It
carries a mandatory sentence of 8-48 years).

SB 177: would repeal the mandatory sentence and permit the court to decide
the appropriate sentence under the circumstances.

3. Change the Habitual Offender statute (also known as "three-strikes"). 
Currently, in Colorado there are serious mandatory sentences for people who
have three prior or four prior felony convictions for class 1,2,3,4 and 5
felonies.   (Colorado ranks felony classes from 1-6, with class 1 being the
most serious felony class)
· Under the current law, if you are convicted of a Class 1-5 felony and have
two prior felony convictions within ten years of your current conviction-you
will receive a mandatory prison sentence of three times the maximum of the
sentence range for the class of felony of conviction) 
· Under the current law, if you are convicted of any felony and have three
prior convictions for a felony, you will receive a mandatory prison sentence
of four times the maximum for the class of felony of conviction

SB 177 would change this law to limit the habitual offender statute only to
Class 1,2, or 3 felonies or any felony that is a crime of violence or crime
against a child.   (exclude all drug crimes)

4. Public Prison Moratorium: starting 7/1/01, places a 2 year moratorium on
funding for any new prison expansion by the state.

5. Ban on Private Contract Prisons- prevents any city, county, city and
county, and state from contracting with a private prison corporation to
confine Colorado state prisoners in private prisons permanently.  Does not
effect current contracts but would prevent the renewal of contracts with
private prisons (phase out).   Does not prevent state from contracting with
private entities or vendors to provide ancillary services such as medical,
mental health, rehabilitation, vocational.  Does not apply to federal
prisons in Colorado. 

6. Task Force on Drug Policy: and create an 11 member task force to evaluate
drug policy, drug sentencing, and  alternatives to incarceration. 
· Membership:  Two senators, Two representatives; Two appointed by
Department of Human Services one of whom is DHS-alcohol and drug abuse
division and one of whom is a private d/a treatment provider; One from
Department of Public Safety; Four appointed by Supreme Court (judge, DA,
defense attorney, community member)  Requires that at least 7 members be
people of color.  Chair:  The President of the Senate and the Speaker of the
House shall jointly appoint one member to serve as chair and one member to
serve as vice-chair of the task force. 
· Appointments & meetings: Appointments will be made before 8/1/01.  Task
force will meet monthly (with time for public comment/testimony).  
· Reporting: Before 12/1/01, submit an interim report to a joint meeting of
the members of the House Criminal and Senate Judiciary Committee with
recommendations for legislation.  By 7/1/2002, submit final report to same
joint committee with additional legislative recommendations.

7. Import/Export ban- would (a)  prevent  private contract prisons from
importing out-of-state prisoners into Colorado prisons (not including
federal prisoners) and, (b) would prevent both public and private contract
prisons from exporting Colorado prisoners out-of-state unless the transfer
is voluntary.

8. Creation of Council on Corrections- 9 member council within the
Department of Corrections that would investigate, report, and make
recommendations on Department of Corrections' services provided to
prisoners, treatment of prisoners at state & private prisons, and visitation
procedures. 
· Membership & term:  Two senators; two representatives; one from Department
of Corrections;  two members from prisoner families; a former prisoner or
member of prisoner advocacy group; one defense attorney; one prison
chaplain.  Term:  two years  (except for first appointments where 4 will
serve 3 year terms.  No more than two consecutive terms.   Appointment: no
later than 9/1/01.  Failure to attend 3 consecutive meetings shall
constitute resignation.  No compensation
· Duties & Powers:  investigate and report; make recommendations to
Department of Corrections; issue quarterly reports first to DOC for comment
then to the Governor, the chair of the Senate Judiciary Committee, and the
chair of the House Criminal Justice Committee and the public.  Council
members will be given access to all prisons without notice, may meet with
prisoners privately, and with a prisoner's permission, have access to
prisoner's file.  Sunset review in 10 years. 

 
FOR MORE INFORMATION CONTACT: Christie Donner,  Rocky Mountain Peace &
Justice Center, 303.444.6981 or cdonner2@juno.com.  The full text of SB 177,
statistical information, and action alerts can be found on our website: 
www.prison-moratorium.org 
 


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