Archive | February, 2010

HB10-1352: Lawmakers Unite Behind New Approach to Drug Offenders

 
Source: KDVR

By Debi Brazzale, COLORADO NEWS AGENCY

Drug addiction and crime are serving as catalysts to unite some Democratic and Republican, as well as the attorney general and the state Public Defender’s Office, behind what they say is a common goal: reducing sentencing for drug offenders while carving out treatment opportunities from the cost savings. The resulting legislation, House Bill 1352, was introduced in the House Tuesday with wide-ranging bipartisan sponsorship.

“It’s a rare day when the Public Defender’s Office and the attorney general appear together to support a bill,” Republican Attorney General John Suthers said at a news conference showcasing the legislation.

The bill creates a distinction between possession of drugs and distribution of drugs by reducing sentences for possession, and it focuses on treatment rather than incarceration for those drug offenders who are primarily addicts.

The primary sponsors of the bill, Rep. Mark Waller, R-Colorado Springs, and Sens. Pat Steadman, D-Denver, and Shawn Mitchell, R-Broomfield, based the bill upon recommendations from the Colorado Commission on Criminal and Juvenile Justice, whose members hail from different quarters of the criminal justice system.  The premise of the bill that emerged out of the recommendations is that jailing non-violent drug offenders is not the best use of public-safety dollars.

“It’s time to switch our focus from being tough on crime to being smart on crime,” said Waller.  “This bill is about how we can get the best bang for our public-safety dollars.”

Steadman said the state could save money and lives by being smarter.

“Incarceration is really not the right answer.  The real problem with most prisoners is addiction,” said Steadman. “We need to be smarter with public resources by not simply warehousing drug addicts.”

Christie Donner, Executive Director of the Colorado Criminal Justice Reform Coalition, said the measure will have far-reaching benefts for children whose parents are incarcerated.

“This change in approach will interrupt the cycle of addiction and involvement in the criminal justice system,” said Donner.  “Families, especially the children, of those caught up in addiction and the criminal justice system, will benefit the most when the cycle is interrupted.”

The sponsors of the bill and its supporters in the criminal justice community say that using state resources for treatment leading to recovery will cut down on recidivism and save the state money in the long run. They say that could help prevent many crimes from being committed in the first place, such as burglary when a criminal is motivated by drug use.

Mesa Count District Attorney Pete Hautzinger implemented a treatment program for methamphetamine addicts in Mesa County, and he said there was a dramatic decline in felonies after the program was put in place.

“If we can get the drug addict ‘unaddicted’ we can prevent all sorts of other crimes,” said Hautzinger.

Rep. Claire Levy, D-Boulder, who is another of the bill’s sponsors and chairs the House Judiciary Committee, where the bill will be vetted first, said she hopes the proposal will be a real turning point in how crime and criminal sentencing are approached.

“I hope this is a beginning of a whole new attitude,” said Levy.

In other coverage:

The Denver Post: Drug offenders could spend less time in jail and more time in rehabilitation programs under a sentencing-reform proposal that debuted at the state Capitol on Tuesday with widespread support and the goal of curbing repeat offenses. The plan would lower the penalties for people found in possession of up to 4 grams of most drugs, shaving years off sentences and saving the state money by vacating prison beds, advocates said. The savings — which doubters argue may never materialize — could provide the first large and reliable funding stream to treat drug offenders’ addictions.

The Denver Daily News: Lawmakers are again questioning whether to either treat drug users with community-based counseling, or send them to prison for long sentences. A bipartisan group of lawmakers yesterday unveiled House Bill 1352, which would reduce the charge for simple possession for most drugs from a class 6 felony to a class 1 misdemeanor. Simple possession would be defined as four grams, instead of one gram in all cases except for with methamphetamine. In the case of meth, simple possession would be defined as two grams or less.

Associated Press: Drug users could end up spending less time behind bars to free up more money for treatment under an overhaul of the state’s drug laws being pushed by bipartisan group of lawmakers as well as prosecutors and public defenders. State law currently treats drug users and dealers much the same. People convicted of possessing one gram or less can face between two to six years in state prison.

Colorado Springs Gazette:
A Colorado Springs lawmaker says his plan to cut prison sentences for drug users could reduce crime while saving the state money. Republican Rep. Mark Waller’s bill would convert most drug possession and use crimes to misdemeanors or lesser felonies under Colorado’s expansive sentencing schemes, cutting sentences by half or more. He would use some of the money saved in prisons to reinvigorate drug treatment programs.

KDVR: Drug users in Colorado may be doing less time in jail and more time in rehab if lawmakers can pass a bill that was introduced at the Capitol Tuesday with widespread support from Democrats, Republicans and district attorneys alike. “While stiff sentences are appropriate in many circumstances, we realize that’s not the only option when it comes to keeping the public safe,” said Rep. Mark Waller, R- Colorado Springs, who is the sponsor of House Bill 1352, which would lower the penalties for people found in possession of up to 4 grams of most drugs, shaving years off sentences and saving the state money by vacating prison beds, advocates said.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, Public SafetyComments (0)

HB10-1017: Lawmakers Debate Rent Control

By Peter Marcus, DENVER DAILY NEWS
A bill making its way through the legislature perceived by some as being about rent control is being criticized by property owners as an assault on property rights.
House Bill 1017, sponsored by Rep. Daniel Kagan, D-Englewood, seeks to modify a decades-old prohibition on rent control so that municipalities and counties are able to negotiate and enter into agreements with developers, requiring them to develop based on the wishes of local government.
The House Local Government committee backed the bill Tuesday on a 6-5 Democrat party-line vote.
Questions have been raised in the past few years over whether local government is permitted to require developers to set aside units for people in need, such as the homeless, or battered women. The same questions have been raised over requiring percentages of affordable housing as a condition for approving development.
A case brought by California-based developer Arnold Meyerstein, who owns the Ute City Place affordable housing complex in Aspen, challenged the local Housing Authority in court, arguing that the city agency’s deed restrictions — which mandate affordable workforce housing — are in effect a form of rent control, and therefore illegal under state law.
The judge hearing the case ruled in favor of Meyerstein, but the case is expected to go to a state appellate court, if not ultimately to the Colorado Supreme Court.
Kagan says Colorado is in “legal limbo,” arguing that his bill clarifies that it is not a violation of rent control laws for a local municipality or county to enter into agreements with developers requiring them to limit rent on some units when they are seeking land use approval. The bill would also clarify that deed restrictions are enforceable.
HB 1017 would only apply to new buildings, not existent buildings, and it does not affect existing landlord-tenant relationships, said Kagan.
“What this bill will do is it will enable the free market in rent to continue to operate as it has for decades; it will enable local governments and developers to contract where they see fit to do so, individually in a negotiated agreement É that there will be affordable housing within the development, and they will be able to do so confident that the agreement will not be upturned by the courts, or usurped by speculators during the course of the agreement,” said an eloquent Kagan.
Critics, however, argue that the bill puts the state on a slippery slope towards permitting statewide rent control, in which local governments would be able to control all aspects of how a developer builds their property.
“HB 1017 gives government entities and municipalities the upper hand, an unlevel playing field,” said Nancy Burke, vice president of government affairs for the Colorado Apartment Association. “This bill adversely affects private property rights because if this bill passes, rent controls will be imposed by local governments.”
Sunny Banka, spokeswoman for the Colorado Association of Realtors, echoed similar concerns.
“We are seeing more and more government entities — in the mountains in particular — imposing requirements on developers and owners to agree to rent control or affordable housing requirements as a condition of the developer getting their property approved for a particular use,” said Banka.
But 83-year-old Mary Lou Taggart, living on a fixed income, described how she was forced out of her Denver apartment when the landlord kept raising her rent each year by as much as $75. She has since moved to an affordable housing complex, which Taggart said has a long waiting list.
“I keep seeing in this bill the word ‘voluntary,’ which leads me to believe that nobody’s forcing anybody to do anything — that this is a voluntary arrangement between developers who may have a compassionate bone in their body for people that need low-income housing, and they can work that out with a government entity,” said Taggart.
HB 1017 now heads to the House for full debate.

Distributed by Colorado Capitol Reporters

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, Real EstateComments (0)

SB10-001: Ritter Signs Bill Cutting Benefits for State Retirees

Gov. Bill Ritter on Tuesday signed a bill that cuts state employee retiree benefits to prevent the pension system from going broke, The Denver Post reports. Ritter said the cuts are difficult but necessary. Provisions in the bill require shared sacrifices and shared solutions from public employers and employees without imposing an unfair or undue burden, he said.

In other coverage:

Pueblo Chieftain: Nobody loves the changes coming to Colorado’s public employees’ pension plan, but nonetheless here they come because Gov. Bill Ritter signed them into law Tuesday. The Democrats and Republicans who teamed up to author SB1 concede it’s not ideal from their parties’ perspectives, and enrollees in the Public Employees Retirement Association like it even less.

The Durango Herald: Gov. Bill Ritter on Tuesday signed into law a rescue plan for the pension system used by school and government employees. Retirees will see the first effect as soon as next month. The March checks will limit cost-of-living increases to 2 percent. Before Tuesday, the Public Employees Retirement Association paid 3.5 percent annual cost-of-living increases.

Associated Press: Colorado Gov. Bill Ritter has signed a bill that cuts state employee retiree benefits to prevent the pension system from going broke.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, PERAComments (0)

HB10-1289: New Tax Exemption Clears Panel on Vote of Rep. Frangas

One week after lawmakers eliminated a slew of tax exemptions, a House committee on Tuesday approved a new one — thanks to Democratic lawmaker Jerry Frangas’ vote, The Denver Post reports. The bill, sponsored by Rep. Larry Liston, R-Colorado Springs, would phase in a sales-tax exemption on equipment worth more than $500 that is purchased by telecommunications companies.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, TaxesComments (0)

HB10-1201: Police To First Inform, Then Search

Police officers may have to inform citizens of their rights to refuse a search before checking their persons or cars, The Denver Post reports. A bill to put the new procedures in place passed the Democrat-dominated House Judiciary Committee 7-4 Monday night on a party line vote.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, Public SafetyComments (0)

SB10-001: Gov. Ritter Signs Bipartisan PERA Reform Bill Into Law

OFFICE OF GOV. BILL RITTER JR.
WWW.COLORADO.GOV/GOVERNOR

FOR IMMEDIATE RELEASE
TUESDAY, FEB. 23, 2010

CONTACTS
Evan Dreyer, Megan Castle

GOV. RITTER SIGNS BIPARTISAN PERA REFORM BILL INTO LAW TODAY

Gov. Bill Ritter today signed Senate Bill 10-001, bipartisan legislation that reforms Colorado’s Public Employees Retirement Association pension fund for nearly 450,000 public employees and retirees statewide.

The bill − sponsored by Senate President Brandon Shaffer, Sen. Josh Penry and Rep. Andy Kerr − keeps the PERA fund from becoming insolvent and unable to pay retirement benefits within the next 30 years.

“Thank you and congratulations to the bipartisan sponsors and supporters of this legislation, as well as State Treasurer Cary Kennedy and the PERA Board for helping to craft this compromise legislation,” Gov. Ritter said. “This legislation will keep the PERA fund solvent and allow the system to meet its obligations to current and future retirees. We are all confronting the harsh economic realities of the worst recession since the Great Depression. This is a fiscally responsible bill, and it represents another difficult but necessary decision that will require shared sacrifice and shared solutions from public employers and employees alike without imposing an unfair or undue burden on either group.”

# # #

Stay ahead by signing up for State Bill E-News! >

Posted in Front Page, PRComments (0)

Lawmaker Proposes Changes to Drug Sentencing

Drug users could end up getting treatment instead of long prison sentences under legislation picking up bipartisan support at the Capitol, the Associated Press reports. Republican Rep. Mark Waller of Colorado Springs plans to introduce a bill this week that would change the standard for when someone is prosecuted as a drug user as opposed to a drug dealer.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured StoriesComments (0)

HB10-1021: Beefed Up Maternity Health Insurance Bill Sails Through The House

Lawmakers Monday passed a bill in the Colorado House that would require health insurance companies to include prenatal and birth control in all plans offered to women on the individual health care market, The Colorado Independent reports. Sponsored by Denver Democrats Beth McCann and Jerry Frangas, the bill was stripped of this strong provision in committee weeks ago in order to move it onto the floor. House watchers expected to see a fight on the floor but the bill passed on a voice vote, with only minimal questioning from conservative Monument Republican Amy Stephens, who asked if the bill would now cover so-called Plan B contraception, the “morning after” pill, which some see as akin to abortion.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured Stories, HealthComments (0)

HB10-1261: Debate on Defining Unborn as Persons

By Peter Marcus, DENVER DAILY NEWS
Following the guilty plea of a Grand Junction man accused of drugging his ex-girlfriend twice to abort her unborn child, lawmakers Monday raised questions over legislation that would define an unborn child, with Democrats arguing that the move is an attempt to ban abortion.
House Bill 1261, sponsored by Reps. Ken Summers, R-Lakewood and Laura Bradford, R-Collbran, would define an unborn child as 16 weeks or older.
The House Judiciary Committee late last night laid the bill over after a spirited debate because not all members of the Judiciary Committee were present for the vote.
Proponents of the law pointed to cases like the recent case of Jared Ahlstrom, 31, who pled guilty last week to secretly giving his pregnant ex-girlfriend an ulcer medication that can also cause a miscarriage, which it did in his ex-girlfriend’s case.
Prosecutors were frustrated that under current Colorado law, they were only able to charge Ahlstrom with a class 4 felony.
HB 1261 aims at defining an unborn child so that stiffer charges could be sought by prosecutors, including first-degree murder.
A separate piece of legislation in the Senate, SB 113, sponsored by Sen. David Schultheis, R-Colorado Springs, would make deliberately killing a fetus a class 1 felony.
In both pieces of legislation, exceptions are made for cases where a doctor performs a medical treatment approved by the mother — such as an abortion — or if a doctor aborts a fetus to save a mother’s life.
SB 113 is scheduled to be heard by the Senate State, Veterans & Military Affairs Committee on March 3rd.
But Democrats Monday questioned HB 1261, arguing that defining a fetus as a person in Colorado would put the state at odds with the U.S. Constitution, specifically the case of Roe v Wade. They also questioned whether Colorado law doesn’t already offer enough tools to prosecutors, including class 4 felony charges, as well as aggravated sentences in cases of the murder of an unborn child.
“I wouldn’t say that Colorado É does not recognize any legal consequences from harming a person knowing they’re pregnant and with the intention of terminating that pregnancy,” said Rep. Claire Levy, D-Boulder, chairwoman of the House Judiciary Committee. “I think we’re well covered in that regard.”
Bradford, however, argued that the bill is “very narrow in scope,” specifically creating a tool for district attorneys to prosecute people for first-degree murder if they are suspected of murdering an unborn child.
“This bill is very narrow in scope, that’s the purpose of the bill, that’s the intention of the bill — we want to create a tool for district attorneys to prosecute first-degree pre-meditated intent harm, if not murder, to an unborn child — and that’s all,” said Bradford.
Her bill has the support of the Colorado District Attorneys’ Council, which argues that prosecutors’ hands are often tied in cases dealing with the murder of an unborn child.
Bradford pointed out that Colorado is among only 15 states that doesn’t have some sort of law that pertains to a crime committed against an unborn child. Statistics provided by proponents state that pregnant women are 61 percent more likely to be beaten than women who are not pregnant.
Meanwhile, Bradford’s colleague, Rep. Summers, fought back against allegations that the bill represents a “slippery slope” towards banning abortion and jeopardizing a woman’s right to choose.
“Roe v. Wade, in terms of the issue of life and a woman’s choice, focuses on the first three months of pregnancy. This bill goes beyond that time period, and so it is outside the scope and purview of that specific court ruling and that specific legislation,” said Summers. “This bill deals very specifically with choice — a woman’s choice to keep her baby.”
But as an attorney for Planned Parenthood of the Rocky Mountains pointed out, defining an unborn child as a person in Colorado could create constitutional conflicts.
Attorney Kevin Paul also pointed out that Colorado voters in 2008 rejected a so-called Personhood amendment that would have defined an unborn child as a person. The measure only garnered 27 percent of the vote.
“This bill does raise difficult constitutional issues,” he said. “It plows headlong into that part of Roe v. Wade, which directly addresses the question of whether our jurisprudence will permit recognizing a fetus as a person É the (U.S. Supreme) Court rejected that argument and said in no uncertain terms É that our jurisprudence will not permit the recognition of a fetus as a person.”

Distributed by Colorado Capitol Reporters

Stay ahead by signing up for State Bill E-News! >

Posted in Featured StoriesComments (0)

Colorado Looks at Overlapping Programs at Colleges, Universities

When the University of Colorado Denver announced a brand new bioengineering department this month, it took only a couple of days for Colorado State University to point out that it already had such a program. The two, about 65 miles apart, are a bit different — CU’s is an actual department; CSU offers a master’s and Ph.D. — but each costs between $230,000 and $350,000 a year to operate, with professors, support staff and labs. It is this neck-and-neck competition — an unfettered arms race of degrees among public colleges and universities — that elected and higher-education leaders say could use an overhaul as college presidents brace for at least another $150 million in state budget cuts statewide over the next two years, The Denver Post reports.

Stay ahead by signing up for State Bill E-News! >

Posted in Featured StoriesComments (0)