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Mandates

The Colorado Commission on Criminal and Juvenile Justice (CCJJ) was created by House Bill 2007-1358 with specific mandates for the Commission. These initial mandates may be found in §16-11.3-101 through §16-11.3-105, C.R.S. and §24-1-128.6, C.R.S. The CCJJ was re-authorized during legislative sessions in 2013 (Senate Bill 2013-007) and 2018 (House Bill 2018-1287) (see About: Enabling Legislation). Upon the 2023 sunset review, the Commission was not re-authorized and work on ongoing mandates was canceled..

In addition, other bills signed into law contain specific mandates for the Commission. The Commission also received other requests and directives from the Executive and/or Legislative Branches for action. The status of Commission responses to these mandates and requests are included below. For a summary of legislation derived from or related to Commission-generated recommendations, see Resources: Legislation.

Mandate or
Request
Description: Mandates, Directives, Requests, and ActionsStatus/Related
Documents
UNDER REVIEW/STUDY Upon Sunset
House Bill
2022-1368

HB22-1368 DocHB19-1198  pdf icon

COMMUNITY CORRECTIONS PROGRAM ACCESS. The General Assembly mandated that:
- on or before July 29, 2022, the Commission shall establish a Task Force to examine and make findings and recommendations to the Commission concerning whether it is appropriate to improve access to community corrections programs for persons convicted of misdemeanors
- on or before July 1, 2023, the Task Force shall create a report of its findings and recommendations and submit it to the Commission; and
- during the 2024 legislative session, the Commission shall include, as part of its 2024 SMART Act hearing, the findings and recommendations gathered by the Task Force.

ON MAY 7, 2023, THE COLORADO GENERAL ASSEMBLY DID NOT RE-AUTHORIZE THE COMMISSION. NO FURTHER WORK WILL BE COMPLETED ON THIS MANDATE. 

In response, Commission actions included:

  • Seated Chair and Vice Chair and appointed members of the Community Corrections Task Force (CCTF) to explore the mandated topic beginning in July 2022.
  • Study of delineated topic occurred through June 5, 2023.
  • Due to the Commission sunset, work on this mandate was concluded.  
  • Final Report to be submitted to the General Assembly.

See the Community Corrections Task Force page for more information on the Task Force.  


 

Work suspended
upon sunset

See the, 
CCTF page
MANDATES CONCLUDED UPON SUNSET
Gov's 2022 Biennial Letter

'22 Biennial Letter2020 Biennial Letter pdf icon
 

GOVERNOR'S 2022 BIENNIAL LETTER. The Letter is sent to the Commission pursuant to House Bill 2018-1287 and lists several topics for Commission study (see link at left).

ON MAY 7, 2023, THE COLORADO GENERAL ASSEMBLY DID NOT RE-AUTHORIZE THE COMMISSION. NO FURTHER WORK WILL BE COMPLETED ON THIS MANDATE.  
 

In response, Commission actions included:

  • Received the Gov. Polis 2022 Biennial topics letter on September 15, 2022.
  • Priorities for initial and/or ongoing study by the Sentencing Reform Task Force and its Working Groups included auto theft, felony sentencing, and probation/ alternative sentences. Planned for study beginning in 2023 was reentry services improvement. Topics that were under consideration or that were under study by other groups at the time of sunset include victim services improvement, best practices in public safety, and Youthful Offender System practices.
  • Actions addressed among the priorities include a recommendations on motor vehicle theft and reclassification of selected felonies. See Sentencing Reform Task Force and FY2023 CCJJ Recommendations for more information on the efforts completed that were derived from the 2022 Biennial Topics Letter.  
  • Due to the Commission sunset, work on this request was concluded.


 

Work suspended
upon sunset

See
SRTF Recs.
Gov's 2020 Biennial Letter

'20 Biennial Letter2020 Biennial Letter pdf icon

GOVERNOR'S 2020 BIENNIAL LETTER. The Letter is sent to the Commission pursuant to House Bill 2018-1287 and lists several topics for Commission study (see link at left).

ON MAY 7, 2023, THE COLORADO GENERAL ASSEMBLY FAILED TO RE-AUTHORIZE THE COMMISSION. NO FURTHER WORK WILL BE COMPLETED ON THIS MANDATE. 
 

In response, Commission actions included:

  • Prioritized the topics related to sentencing.
  • Seated co-chairs and members of the Sentencing Reform Task Force (SRTF) to explore these sentencing topics beginning on  Sept. 9, 2020. The SRTF seated Working Groups that began to study assigned topics in Oct./Nov. 2020.
  • Question & Answer and Listening Sessions are routinely offered by the SRTF for Commission members, stakeholders, and the public. Recent topics addressed include misdemeanor sentences, parole, felony sentencing, and motor vehicle theft.
  • Recommendations were prepared and approved in FY 2021 and FY 2022 (see SRTF Recommendations).
  • Informational presentation on the misdemeanor sentencing recommendation (related to SB21-271) was offered by the Commission/SRTF to the House Judiciary Committee, 4/20/2021 (Listen; 36:04 mins.). 
  • Bill passed in 2021 by the General Assembly. Senate Bill 2021-271 on misdemeanor sentencing and offenses was signed by the Governor on 7/6/21.
  • Bills passed in 2022 by the General Assembly. House Bill 2022-1257 and, not initiated but related to CCJJ work, House Bill 2022-1229 were signed by the Governor on 4/7/22.
  • The study of sentencing-related topics and the preparation of recommendations continued through March 2023 prior to the suspension of all work.
  • Due to the Commission sunset, work on this request was concluded.  

See the Sentencing Reform Task Force page for more information on the Task Force and its Working Groups.  

 

Work suspended
upon sunset

See
SRTF Recs.
House Bill
2018-1287

HB18-1287 DocHB18-1287 pdf icon

BIENNIAL TOPICS LETTERS. The General Assembly requires that in even-numbered years the Commission requests a letter from the Governor regarding topics of study (§16-11.3-103(7), C.R.S). The Governor is encouraged to consult with the Chief Justice of the Colorado Supreme Court and the Majority and Minority Leaders of the Colorado House of Representatives and the Senate.

 

The Commission requested the first such letter from the Governor in May 2020. Pursuant to H.B. 23-1287 in the even-numbered years that followed, the Commission requested the mandated letter on or before May 1.

  • 2020 Biennial Letter (Gov. Jared S. Polis)
    The Commission response to the 2020 Biennial Letter is provided above in "Under Review/Study."
     
  • 2022 Biennial Letter (Gov. Jared S. Polis)
    The Commission response to the 2022 Biennial Letter is provided above in "Under Review/Study."
Suspended upon sunset
House Bill
2018-1198

HB18-1198 DocHB19-1198  pdf icon

BEST PRACTICES: BOARDS AND COMMISSIONS. The General Assembly established best practices for state boards and commissions (§24-3.7-102, C.R.S). The statute requires that, starting January 1, 2019, each statutorily created board or commission shall implement written policies or bylaws and obtain annual training in twelve competency areas (see the Bill at left for these competency areas). The agency with responsibility for the board or commission is tasked to ensure that the required annual training occurs.

 

Tasks:

  • The Commission staff completed a review of Commission documents and all are updated and in statutory compliance with statutory provisions (November 2018). Ongoing reviews will ensure statutory compliance.
  • Staff of the Attorney General's Office provided the initial training session to meet the requirements in HB18-1198 at the October 12, 2018 Commission meeting.
  • Subsequently, annual training occurred to maintain compliance with this statutory mandate.
Suspended upon sunset
House Bill
2013-1299
(no repeal date, corresponds
with re-authorization period,
7/1/2023)

HB13-1299 DocHB13-1299 pdf icon
SMART HEARING REPORT. The General Assembly requires the Commission to present an annual progress report to the Joint Judiciary Committee on any pending or finalized recommendations to be drafted as bills for impending legislative sessions (§2-7-203(2)(d), C.R.S., see p. 7 of the Bill). The Commission Chair and/or Vice-Chair provide an overview of the Commission and a general summary of Commission activities.
 
The Commission provided the first of these annual presentations in December 2013 and will continue to provide these reports annually until the Commission is repealed. The audio files (Mp3 format) of these hearings are provided below.

- FY2023 CCJJ SMART Government Report (1/19/23, Mp3, 25:15 mins.)

- FY2022 CCJJ SMART Government Report (1/28/22, Mp3, 30:14 mins.)

- FY2021 CCJJ SMART Government Report (1/28/21, Mp3, 21:40 mins.)

- FY2020 CCJJ SMART Government Report (1/13/20, Mp3, 37:12 mins.)

- FY2019 CCJJ SMART Government Report (11/29/18, Mp3, 20:02 mins.)

- FY2018 CCJJ SMART Government Report (1/8/18, Mp3, 39:13 mins.)

- FY2017 CCJJ SMART Government Report (1/4/17, Mp3, 40:26 mins.)

- FY2016 CCJJ SMART Government Report (12/16/15, Mp3, 36:58 mins.)

- FY2015 CCJJ SMART Government Report (12/18/14, Mp3, 11:55 mins.)

- FY2014 CCJJ SMART Government Report (12/12/13, Mp3, 10:40 mins.)

Suspended upon sunset

See links to
Mp3 files at left

 

ADDRESSED/REPEALED
Senate Bill
2023-088

SB23-088 DocHB19-1198  pdf icon

OFFENDER ELIGIBILITY FOR RELEASE FROM CONFINEMENT. Subsequent to the May 7, 2023 decision to not reauthorize the Commission, the General Assembly on May 8 2023 passed Senate Bill 2023-088 with a mandate to the Commission. Upon signing the bill, Governor Polis offered a signing statement, explaining that the sunset of the Commission "will limit the CCJJ from fulfilling the requirements of Senate Bill 2023-088."

The General Assembly mandated that:
- On or before June 30, 2023, the Commission shall submit a report to the General Assembly concerning the commission's, including any Commission task force's, study of sentencing reform.
- The report must include a summary of the Commission's work to date and an update on the status of the Commission's and any Task Force's efforts to address clarity and certainty in the current criminal sentencing scheme, including ways to provide the public, including victims, defendants, and their families, clarity regarding the amount of time that must be served on each sentence imposed by the court prior to a defendant's parole eligibility.
 

In response, Commission actions included:

  • Received Senate Bill 2023-088 upon signing by Gov. Polis on June 6, 2023.
  • Summary of work "to date" is limited by the suspension of efforts by the Sentencing Reform Task Force (SRTF) & CCJJ. The plan of work derived from the 2020 and 2022 Gov. Polis Biennial Topics Letters included some efforts related to clarity and certainty of sentencing.
  • Actions by the SRTF/CCJJ between 2021 and 2023 included major revisions to misdemeanor and felony crime sentences and provisions addressing aspects of motor vehicle theft, habitual sentences, and extraordinary risk sentence enhancements (see FY2023 CCJJ Recommendations for more information).  
  • Planned for the remainder of 2023 and into 2024, efforts were scheduled to address the central aspects of clarity and certainty in sentencing, specifically, sentence ranges and parole eligibility. With the sunset of the Commission, these efforts on clarity and certainty in sentencing were not initiated.
  • Submission of a report to the General Assembly was completed. The report included the limited information available at the time of the Commission sunset. The report was submitted November 2023.

See Sentencing Reform Task Force for more information on the efforts completed that by the Task Force. 

CCJJ SB23-088 ReportCCJJ SB23-088 Report pdf icon
Senate Bill
2019-008

SB19-008 DocSB19-008 pdf icon

DRUG OFFENSES AND SUBSTANCE ABUSE ISSUES. The General Assembly has mandated that the Commission study and make recommendations concerning: a) Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses, b) Best practices for investigating unlawful opioid distribution in Colorado, including the creation of black market opioid investigatory entities at the State and local levels, and c) A process for automatically sealing criminal records for drug offense convictions. The Commission must provide a report by July 1, 2020 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.

 

The Commission's work on this mandate is ongoing:

 
  • The Commission seated the Drug Offense Task Force and the Opioid Investigations Subcommittee and both committees starting meeting in September 2019.
  • The committees met monthly to address the mandates and provide status updates to the Commission.
  • Preliminary findings and recommendations were expected by April 2020 and these will be presented to the Commission for review.
  • Due to COVID-19 disruptions, the work of these two committees was delayed, and the General Assembly was notified.
  • The final report was completed September 23, 2020 and submitted by the Commission to committees of the General Assembly on September 30, 2020.
CCJJ SB19-008 ReportCCJJ SB19-008 Report pdf icon
House Bill
2019-1149

HB19-1149 DocHB19-1149 pdf icon

AGE OF DELINQUENCY. The General Assembly mandated that the commission study issues regarding the age of delinquency. The Commission was required to:
a) Compile data regarding all criminal filings in the state from the last 3 years that data is available in which a defendant is at least 18 or up to 25 years of age, and
b) Study the established brain research for emerging adults and the data collected, study the potential impacts on the division of youth services and youthful offender system (if they also served emerging adults), and make recommendations to the general assembly regarding appropriate uses of the juvenile justice system or youthful offender system for emerging adults.
The commission was required to create a report of the collected data and recommendations by June 30, 2020 for the Judiciary Committees of the House of Representatives and Senate. Due to COVID-19, the report was submitted late on August 21, 2020.

 

The Commission's work on this mandate is complete.

 
  • The Commission assigned the Age of Delinquency Task Force to address this mandate.
  • The Co-Chairs of the Task Force were Commission members, Jessica Jones and Joe Thome.
  • Members of the task force, who were subject matter experts, had worked on related issues since February 2018 and continued to meet monthly to address the mandate.
  • The Task Force presented two final recommendations to the Commission in July 2020 where they were reviewed and approved.
  • The final report was completed August 17, 2020 and was submitted by the Commission to the Judiciary  Committees of the General Assembly on August 21, 2020.
CCJJ HB19-114 ReportCCJJ AD HB19-1149 pdf icon
House Bill
2018-1346

HB18-1346 DocHB18-1346 pdf icon

INSTITUTIONAL CHILD ABUSE. The General Assembly mandated that the Commission study whether existing criminal statutes addressed abuse of a child or youth in facilities operated by the Colorado Department of Human Services (see the definition of "facility" in HB 2018-1346 at left).The Commission was required to issue recommendations concerning any identified gaps in law and, on or before July 1, 2019, provide a report with 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.

 

The Commission's work on this mandate is complete:

 
  • The Commission created the Abuse of Youth in Custody Subcommittee to address this mandate.
  • The Subcommittee Chair was Joe Thome, Div. of Criminal Justice.
  • Subject matter experts developed a work plan and conducted meetings between September 2018 and March 2019.
  • The Subcommittee presented a preliminary report for review at the May 10, 2019 Commission meeting. At the June 14, 2019 Commission meeting, the Commission finalized its review and approved the report and accompanying Recommendation FY19-AYIC #01.
  • The final report was submitted by the Commission to committees of the General Assembly by July 1, 2019.
CCJJ HB18-1346 ReportCCJJ Institutional Abuse Report pdf icon
Senate Bill
2017-207

SB17-207 DocSB17-207 pdf icon

BEHAVIORAL HEALTH CRISIS SERVICES. The General Assembly directs the Office of Behavioral Health of the Colorado Department of Human Services to prepare and submit a report to the Commission. The report must include details concerning the current status of funding and the implementation of the expansion of behavioral health crisis services. The 2017 report, due by November 1, 2017, was pursuant to §27-60-103(6)(b), C.R.S. The related May 1, 2018 report did not mandate reporting to the Commission, but is included here for informational purposes (see §27-60-103(6)(c), C.R.S.).

 

The Office of Behavioral Health provided updates regarding:

OBH 2017 Reportpdf icon

OBH 2018 Reportpdf icon
House Bill
2014-1214
(repeal date, 7/1/2015)

HB14-1214 Docpdf icon

CRIMES AGAINST EMS. The General Assembly directs the Commission to review §18-1.3-401(1)(b)(IV), C.R.S. and the efficacy of implementing enhanced sentencing for certain crimes against emergency medical service providers (see p. 6, Section 7 of House Bill 14-1214). A report of findings shall be submitted to the House and Senate Judiciary Committees by March 1, 2015.

 

The Commission's work on this mandate may be found at:

 
Letter:
State Sen. Carroll & State Rep. Ferrandino
& Bill Sponsors:
Sens. Kefalas & Newell & Rep. Fields
(April 15, 2014)

Related to postponed House Bill 2014-1131pdf icon

Cyberbullying Letterpdf icon

CYBERBULLYING. This letter requests the Commission to conduct a comprehensive review of the use of interactive computers, cellular services, and social media by youth to bully, harass, or threaten minor victims. The Commission shall determine the most effective strategies to address and prevent "cyberbullying" and, taking developmental issues into account, the most effective criminal or juvenile justice response to such behaviors. This request was precipitated by the failure of House Bill 2014-1131. A report must be submitted to the Governor's Office of Legal Counsel and the House and Senate Judiciary Committees by December 1,2014.

 

The Commission's work on this request may be found at:

 
CCJJ Cyberbullying Reportpdf icon

Related Cyberbullying Bill (HB15-1072) pdf icon
Senate Bill
2013-283
(repeal date, 7/1/2014)

SB13-283 Docpdf icon
STATUTORY ALIGNMENT: MARIJUANA. General Assembly directs the Drug Policy Task Force to make recommendations to the Commission which will, in turn, make recommendations by December 15, 2013 to the General Assembly regarding any revisions of Title 18 necessary to be compatible with Section 16 ("Personal use and regulation of marijuana") of Article XVIII of the Constitution of the State of Colorado (see p. 3 of the bill).
 

The Commission's work on this mandate may be found at:

 
House Bill
2013-1195
(repeal date, 1/2/2014)

HB13-1195 Docpdf icon
HUMAN TRAFFICKING STATUTE. The General Assembly directs the Commission to review the implementation of Title 18, Article 3, Part 5 (Human Trafficking and Slavery) of the Colorado Revised Statutes and submit a report to House and Senate Judiciary Committees by January 1, 2014.
 

The Commission's work on this mandate may be found at:

 

Letter:
Gov. John Hickenlooper,
State Sen. John Morse &
State Rep. Mark Ferrandino
(April 29, 2013)

STATUTE REVIEW: JESSICA'S LAW. Letter requests the Commission to review criminal law applicable to sex offenders to determine whether provisions of the Jessica Lunsford Act ("Jessica's Law", Florida House Bill 2005-1877) would improve Colorado law. A report must be submitted to the Governor's Office and the House and Senate Judiciary Committees by January 1, 2014.
 

The Commission's work on this request may be found at:

 
House Bill
2012-1310
(repeal date, 7/1/2013)

HB12-1310 Docpdf icon
DRUG SENTENCING. The General Assembly directs the Commission to consider the development of a comprehensive drug sentencing scheme.
(Note: Several criminal justice bills were appended to this bill. See Section 28 for this mandate to the Commission on drug sentencing.)
 

The Commission's work on this mandate may be found at:

 

CCJJ HB12-1310 Reportpdf icon

 
Senate Bill
2012-020

SB12-020 Docpdf icon

GOOD SAMARITAN LAW. The General Assembly encourages the Commission to create and make publicly available a document describing provisions of §18-1-711, C.R.S. (Immunity for persons who suffer or report an emergency drug or alcohol overdose event).
(Note: The mention of the Commission occurs in Section 3 of the Act.)

 

The Commission's work on this mandate may be found at:

 
  • The document links at right. 
    (Factsheet and Resources last updated, 05/2022)
  • Also, see the Commission Reports page.
CCJJ CO Good Samaritan Law
Senate Bill
2009-286
(repeal date, 7/1/2010)

SB09-286 Docpdf icon

SENTENCING REFORM. The General Assembly directs the Commission to prioritize the study of sentencing reform while maintaining public safety.

 

The Commission's work on this mandate may be found at:

 
See links at left

Letter:
Gov. Bill Ritter, Jr. &
Attorney Gen.
John Suthers
(May 12, 2009)

CCJJ STUDY AREAS. This letter on sentencing reform requests the Commission to prioritize nine areas of study.

 

The Commission's work on this request may be found at:

 
See links at left