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).

In addition, other bills signed into law contain specific mandates for the Commission. The Commission also receives 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 Actions Status/Related
Documents
Under Review
2020 Biennial Gov. Letter
2020 Biennial Letter pdf icon
2020 BIENNIAL GOVERNOR'S LETTER. The Letter listed several topics for Commission attention.
 
In response, Commission actions include:
  • Prioritized the topics related to sentencing.
  • Seated co-chairs and members of the Sentencing Reform Task Force (SRTF) to review recommendations on these topics.
  • Meetings of the SRTF began September 9, 2020.
  • Seated by the SRTF, Working Groups began to study assigned topics in Oct/Nov. 2020.
  • Question & Answer and Listening Sessions have been offered by the SRTF for Commission members, stakeholders, and the public on misdemeanor and felony sentencing and parole related topics in February, April and June 2021.
  • Recommendations have been prepared and others are ongoing (see SRTF Recommendations).
  • Informational presentation on the misdemeanor sentencing recommendation was offered by the Commission/SRTF to the House Judiciary Committee on April 20, 2021 (Listen; 36:04 mins.). 
  • Bill passed by the General Assembly. Senate Bill 2021-271 on misdemeanor sentencing and offenses was signed by the Governor on July 6, 2021.
  • Ongoing study on related topics and the preparation of recommendations will continue through 2021.

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

Additional topics described in the 2020 Biennial Letter will be addressed as Commission capacity becomes available. 

Ongoing

See
SRTF Recs.
Ongoing Mandates
House Bill
2018-1198


Bill:
HB19-1198  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.
 
Ongoing:
  • 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 will occur to maintain compliance with this statutory mandate.
Ongoing
House Bill
2018-1287


Bill:
HB18-1287 pdf icon
BIENNIAL LETTER. The General Assembly requires that in even-numbered years the Commission requests a letter from the Governor regarding topics of study. 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.
 
Ongoing. The Commission will submit a request for the first such letter from the Governor in May of 2020. Every even-numbered year following, the Commission will request the mandated May letter.

The Commission response to the 2020 Biennial Letter is provided above in "Under Review."

Ongoing
 
House Bill
2013-1299

(no repeal date, corresponds
with re-authorization period,
7/1/2023)


Bill:
HB13-1299 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.
 
Ongoing. 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 of these hearings are provided below.
 

- 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.)

Ongoing

See links to
MP3 files at left

 

Addressed / Repealed
Senate Bill
2019-008


Bill:
SB19-008 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
Report:

CCJJ SB19-008 Report pdf icon
House Bill
2019-1149


Bill:
HB19-1149 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
Report:

CCJJ AD HB19-1149 pdf icon
House Bill
2018-1346

Bill:
HB18-1346 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
Report:

CCJJ Institutional Abuse Report pdf icon
Senate Bill
2017-207


Bill:
SB17-207 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
Report:

pdf icon

OBH 2018
Report:

pdf icon
House Bill
2014-1214

(repeal date, 7/1/2015)

Bill:
pdf 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:
 
  • See the report link at right.
  • Commission Reports page (or link directly to the report.)
  • The work on this mandate primarily occurred in an ad hoc First-Responder Study Group and the Legislative Subcommittee.
CCJJ
Report:

pdf icon
Letter:
State Sen. Carroll & State Rep. Ferrandino
& Bill Sponsors:
Sens. Kefalas & Newell & Rep. Fields

(April 15, 2014)

Related to postponed
House Bill 2014-1131
pdf icon

Letter:
pdf 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:
 
  • Commission Reports page (or link directly to the report)
  • The work on this mandate primarily occurred in the Cyberbullying Subcommittee.
  • House Bill 2015-1072,which addressed this issue,was signed into law April 24, 2015.
CCJJ
Report:

pdf icon

Bill:
(HB15-1072)
pdf icon
Senate Bill
2013-283

(repeal date, 7/1/2014)

Bill:
pdf 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:
 
CCJJ
Report:
pdf icon
House Bill
2013-1195

(repeal date, 1/2/2014)

Bill:
pdf 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:
 
  • Commission Reports page (or, link directly to the report)
  • This work was completed by an ad hoc Human Trafficking Study Group
CCJJ
Report:
pdf icon
Letter:
Gov. John Hickenlooper,
State Sen. John Morse &
State Rep.Mark Ferrandino

(April 29, 2013)
Letter:
pdf icon
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:
 
  • Commission Reports page (or link directly to the report)
  • This work was completed by an ad hoc Jessica's Law Study Group
CCJJ
Report:
pdf icon
House Bill
2012-1310

(repeal date, 7/1/2013)

Bill:
pdf 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
Report:

pdf icon
 
Bill:
(SB13-250)
pdf icon
Senate Bill
2012-020


Bill:
pdf 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.(Materials updated, June 2018)
  • Also, see the Commission Reports page.
911 Good Samaritan Law
Factsheet
pdf icon

Resources
pdf icon
Senate Bill
2009-286

(repeal date, 7/1/2010)

Bill:
pdf 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)
Letter:
pdf icon
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