Bill Number: SB 286
ACLU Position: Passive Support
Sponsors: Sen. Morse; Rep. Levy
Repeals the requirement that a defendant engage in plea negotiations with the district attorney for certain offenses before state-supported legal representation may be supplied. Changes the offense level for certain criminal offenses. For certain offenses, eliminates incarceration as a sentencing option for a first offense. Limits the applicability of the "little" and "big" habitual offender statutes to crimes of violence. Changes the presumptive sentencing ranges for felonies committed on or after July 1, 2009. Allows the court to grant the defendant a deferred judgment under certain circumstances without district attorney consent. Permits the court to waive the prohibition on probation for a defendant with 2 previous felony convictions under certain circumstances. Limits the escape and attempt to escape offenses to correctional facilities and jails, and repeals the consecutive sentencing provisions. Creates a new offense for escape from confinement. Prohibits the court from imposing a sentence of incarceration for a probation violation unless it is a new crime. Increases the amount of time the court may sentence a defendant to county jail under a probation sentence to 180 days. Increases the amount of earned time that may be earned on a monthly basis from 10 days to 12 days. Permits the executive director of the department of corrections to deduct up to 60 days from a nonviolent offender's sentence based on progress made on the criteria in the earned time statute. Requires a group or individual seeking to create a new crime or increase the penalty of an existing crime to present its proposal to the Colorado commission on criminal and juvenile justice for its review and recommendation.
06/01/2009 Signed by Governor
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