I_PrisPop_2019A 07/22/2019 09:36:04 AM Committee Summary

Representative Herod, Chair, and Senator Gonzales, Vice-Chair, made opening remarks, and committee members introduced themselves.

Bo Pogue, Legislative Council Staff and Michael Dohr, Office of Legislative Legal Services, provided an overview of committee responsibilities, including meeting dates and travel, and bill draft request deadlines.  Chris Creighton, Legislative Council Staff, outlined the fiscal note process.  Committee members further discussed bill drafts, committee goals and expectations, and travel to visit prison facilities across the state. 

Linda Harrison, Senior Statistical Analyst, Division of Criminal Justice in the Department of Public Safety, presented a prison population forecast (Attachment A).  She also distributed a document regarding factors influencing the prison population (Attachment B).  She explained that the division prepares two forecasts per year based on data from the Department of Corrections (DOC).   She discussed methodology and answered questions from the committee.   

Ms. Harrison showed that the prison population has decreased in contrast to projections and noted possible reasons for the decrease.   Ms. Harrison attributed the difference, among other reasons, to legislation, new board appointments, and changes in elected officials.  Committee members further discussed reasons why the forecast is higher than the actual inmate population and stressed the need to review methodology to obtain more accurate results. 

Committee discussion continued about the different entities that forecast the prison population, as well as references to other state methodologies.   

Ms. Harrison continued with 2019 projections.  Committee members asked about breaking out data further, such as by facility, levels of supervision, race, ethnicity, sex, and judicial district. 

Ms. Harrison discussed life and indeterminate sentences and the impact on the prison population.  The discussion turned to parole and probation revocations and if they are a result of a technical violation or new crime.  It was noted that new criminal filings have decreased over the past couple of years.   

Discussion ensued about the difficulties in tracking parole revocations because there are no data points in the system to track it other than by hand. 

Ms. Harrison made concluding remarks and observations. 

Vance Roper, Joint Budget Committee Staff, stressed that various departments involved in the criminal justice system do not communicate or share data with each other, which results in communication problems and system delays. He further discussed differentiating vacancy rates and types of beds. 

Committee members asked questions about how to best apply different and varying prison population projections.  The importance of re-entry services was also discussed.

Greg Sobetski, Legislative Council Staff, presented the prison population forecast he prepares annually (Attachment C) and explained the methodology used.  He discussed discrepancies between actual prison population and projections and noted that the decline in prison population may be attributable in part to decisions made at the front-end (arrests, filings, prosecutions, etc.).  The committee asked questions about and discussed jail backlog for detainees awaiting entry into DOC.

Mr. Sobetski continued with his presentation and discussed increases in the female prison population, prison and non-prison jurisdicational populations in relation to capacity, new court commitments, and discretionary parole releases. 

Mr. Sobetski explained that the General Assembly generally attempts to manage the prison population by passing measures relating to releases and parole.  The committee discussed increased communication between DOC and the Parole Board.  Mr. Sobetski noted some of the issues and inaccuracies involved with disaggregating data for forecasts.  He concluded his presentation, and committee members expressed interest in an on-going analysis in this area.   

Dean Williams, Executive Director, DOC, discussed vacancy rates and distributed a hand-out (Attachment D).  He discussed jail backlogs and noted that individuals committed to DOC are spending less time in jail awaiting entry.  Committee members asked questions about community corrections (Comcor).  Discussion continued about discretionary parole releases and other reform issues surrounding parole.  Mr. Williams discussed recidivism, transitional and re-entry services, and the consequences of low vacancy rates in regard to staffing and security.    

Christie Donner, representing the Colorado Criminal Justice Reform Coalition, provided a summary of prison population management legislation (Attachment E).  She discussed recent trends, such as the increase in re-incarceration for new crimes committed by women.  She brought up the importance of addressing substance abuse and the need for better communication between agencies, especially to determine parole eligibility and Comcor vacancies.

The committee recessed.

The committee was called back to order.

Maureen Cain, Office of the State Public Defender, provided a brief history of sentencing practices in Colorado and distributed three documents outlining criminal code penalties and fines (Attachments F, G, and H).  She also distributed a document prepared by the Judicial Department about sex offender penalties and statutory consequences (Attachment I).  She also covered determinate sentencing, truth-in-sentencing, sex offender lifetime supervision, second look sentencing, and life without parole in her presentation.  She noted that many felonies were created throughout the 1990s and early 2000s.  She stressed that there needs to be more mental and behavioral health treatment. 

Tom Raynes, Colorado District Attorneys' Council, also discussed sentencing and the need for meaningful treatment options.  He discussed recidivism and noted that 30 percent of criminal case filings are drug-related.  Indeterminate sentencing for sex offenders was also discussed. 

Ms. Cain discussed drug distribution and possession filings and the correlation between motor vehicle theft and drugs.  The committee discussed tightening sentencing ranges for more certainty. They also asked questions about parole eligibility, earned time credit, and district attorney sentencing recommendations.  Questions were also raised about the incarceration rate for women and related crimes. 

Committee members discussed how both victims and offenders have difficulties navigating a complicated criminal justice system, especially in the understanding and application of sentencing ranges and time served.  Discussion turned to judicial discretion.  Committee discussion further ensued about sentencing schemes in other states, treatment, recidivism, and the short-sentence population. 

Katie Ruske, Program Manager, Office of Community Corrections in the Department of Public Safety, presented information about Comcor (Attachment J).  Committee members asked questions about termination rates and diversion.  Inquiries were also raised about failed drug tests, even for those who did not commit a related crime. 

Glenn Tapia, Director of Probation Services in the Judicial Branch, presented information on probation, including a ten year overview of population and data trends (Attachment K).  He highlighted that probation serves 80,000 people on an average daily basis and emphazed that it is a large and inexpensive sentencing and supervision option.  He further discussed legislative changes that impact probation, as well as disproportionate growth in the high-risk population.  Mr. Tapia noted that courts are giving offenders more second chances to stay on probation.

Committee members discussed recidivism and the misdemeanor population on probation.   

Committee discussion turned to risk assessment instruments and discretionary probation guidelines. 

Director Williams presented information about DOC's vision and direction (Attachment L).  He proposed "wildly important goals (WIGs)" to better address recidivism, employment rates of parolees, and the culture within DOC for both inmates and staff.  He discussed prisons in other countries, transitional work opportunities, improved staff development, and re-entry services.  He stressed the need to normalize prison and for inmates to develop skills and have goals. 

The committee discussed Colorado Correctional Industries (CCi) and recidivism.  Discussion followed about meaningful rehabilitative opportunities and the need to better classify risk.  It was also suggested that more people from the "outside" should work on the "inside".   Another topic of conversation centered around the telecommunication costs to keep in touch with families and friends. 

Committee members inquired about treatment programs.  Discussion ensued about conservation camps and Comcor, and the possibility of stratifying the prison population differently. 

Raquel Lane-Arellan, representing the Urban Leaders Fellowship (ULF), spoke about private prisons and profit margins.

Ngeri Nnachi, representing ULF, presented information on the costs of prison and jail telecommunications. 

Brea Zeise, representing ULF, reported on higher recidivism rates in private prisons and recommended better data collection in these facilities.  

Kelly O'Brian, representing ULF, provided concluding remarks about private prisons, as well as state contracts with private providers for treatment and services, and urged the legislators to examine this issue further.

Committee members discussed phone policies and the population of sex offenders in private prisons without treatment. 

Diane Tramutola-Lawson, representing Colorado-CURE, discussed sex offender treatment, or lack thereof, in prison and how this is impacting prison capacity.  She referenced the Sentencing Project in Washington DC,  and also mentioned a program in Canada called Lifeline. 

Eric Olsen, representing Colorado WINS, discussed his role as a sergeant at DOC.  He expressed concerns about staff capacity and offered to be a resource to improve the situation.

Hilary Glasgow, representing Colorado WINS, discussed the importance of forming a partnership with DOC officers. She discussed DOC staffing issues.

Linda Summers, representing R.O.A.D., otherwise known as Rehabilitation on a Dime, discussed the importance of rehabilitation.

Nadine Kerstetter, representing Colorado WINS, discussed her work teaching and hosting job fairs at a prison.  She recommended that DOC staff have collective bargaining rights. 

Representative Herod announced that the next meeting of the Prison Population Management Interim Study Committee is scheduled for August 12, 2019.