Persistently drunken drivers should face mandatory jail time in Colorado, a legislative committee agreed Monday, The Denver Post reports. In a unanimous vote, the House Judiciary Committee approved a bill requiring at least 10 days in jail for a second drunken-driving offense and at least 60 days in jail for third and subsequent offenses. Repeat offenders also would be required to spend up to two years on probation and participate in alcohol education and treatment classes.

Juveniles charged as adults in Colorado and awaiting trial as inmates in adult prisons find themselves part of a system that fails to educate them, provide them equal access to services like mental health care or even to ensure they are housed according to strict safety guidelines, The Colorado Independent reports. People involved in the system admit to not knowing how many young people charged as adults are presently being held by the state and in which prisons. Colorado sheriffs frankly admitted to the Colorado Independent that their adult facilities are inappropriate for managing juvenile detention.

FBy Peter Marcus, DENVER DAILY NEWS
Corrections Officer Pam Kahanic has already had her throat slashed by an inmate.
On Friday, she called upon state lawmakers not to allow anymore blind slashing — this time to the state budget.
She and fellow critics of across-the-board cuts to the state budget point to examples such as hers in urging state lawmakers not to cut budgets without investigating what impact the cuts would have.
Kahanic was attacked in 2007 when prisons were still under-staffed as a result of 588 full-time state employees being laid off in 2002 during the last recession.
They point to legislation backed by Republicans, but already killed by Democrats, that would have implemented across-the-board cuts to the state budget as a means of covering the state’s $1.5 billion shortfall in next year’s budget. One piece of legislation would have cut 291 more corrections jobs. Another 90 corrections jobs have already been cut from this year’s budget.
Senate Bill 168, sponsored by Senate Minority Leader Josh Penry, R-Grand Junction, would have cut the state budget by 4.4 percent next fiscal year. The Senate State, Veterans and Military Affairs Committee killed the measure last week on a 3-2 party-line vote.
Kahanic, who described her harrowing hostage situation at Limon Correctional Facility in detail on Friday, said such across-the-board cuts would impact the corrections budget at a time when equipment is failing and staff is struggling to keep up with inmates. Gov. Bill Ritter has already had to authorize opening 33 percent, or 316 beds, of the new Colorado State Penitentiary II after a string of incidents caused by some of the state’s most violent and destructive prisoners who are being housed in regular prisons.
Meanwhile, Ritter also authorized closing a corrections boot camp program at the Buena Vista Correctional Facility.
In an attempt to protect the corrections budget, Kahanic described being taken hostage in September 2007 by an inmate who slashed her throat during the ordeal. Radio communication was working that day and fellow officers were able to rush to the rescue — but they say they “got lucky” because radio equipment often fails at the facility and there is no money to buy new equipment.
“We just can’t afford to have any more staff taken away from us,” said a calm and collected Kahanic.
Rep. Buffie McFadyen, D-Pueblo, was not so collected at the news conference on Friday. Pausing to fight back tears often, McFadyen lashed out at Republicans for what she and supporters call “The Republicans’ Cut Without Consequences” budget proposals. She pointed to three inmate murders over the last several months, as well as Kahanic’s story and the story of corrections officer Eric Autobee, who was murdered at Limon in 2002. Autobee’s father, Robert, was in attendance at the news conference Friday.
Calling her Republican colleagues “dangerous,” McFadyen said across-the-board cuts would impact the corrections system in such a way that lives would be put in danger.
“I would just ask my colleagues, instead of suggesting an across-the-board cut, listen to people who actually walk the toughest beat in law enforcement, and listen to someone who lost their son walking the toughest beat in law enforcement,” said McFadyen.
Republicans, however, defend their proposal, arguing that it beats the Democrats’ proposal, which has been to eliminate an estimated $300 million in tax credits and incentives enjoyed by business.
“The choice presented is plain: raise taxes, again, or cut spending,” Penry said in a statement. “After specific spending cuts offered by Republicans have been rejected time and time again, we are proposing a different road to the same destination: across-the-board spending cuts that eliminate the need for tax increases.”
But Rep. Sal Pace, D-Pueblo, disagreed, suggesting that such a proposal is “irresponsible.”
“It’s just irresponsible, it’s rude, it’s mean to go after people whose lives are on the line every single day and say that’s where we need to cut our government,” said Pace. “We do have to make cuts, we have made cuts, but not at the expense of our safety and the safety of our society.”

Backed by a coalition of citizens’ rights groups, Democratic lawmakers Rep. Karen Middleton of Aurora and Sen. Pat Steadman of Denver introduced a bill that would require police to inform citizens of their right to refuse voluntary searches, The Colorado Independent reports. The groups backing the bill believe it would limit traffic stops and searches that stem from discrimination.

 
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.

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.

Gov. Bill Ritter on Thursday announced that the state’s newest prison, which is still under construction and awaiting funding for staff, will open earlier than expected, while another prison program in Southern Colorado will be shuttered, The Pueblo Chieftain reports. Colorado State Penitentiary II in Canon City will employ 229 workers to guard 336 high-security inmates (one-third of the prison’s capacity) on July 1. Inmates will be transferred there from Limon, Buena Vista and the Arkansas Valley Correctional Facility beginning Sept. 1.

By Gene Davis, DENVER DAILY NEWS
One local libertarian leader has an idea that would save the state more than $1 million a year — have the federal, not state, government run background checks for people buying firearms.
Independence Institute President Jon Caldara is proposing that the state eliminate the Colorado Bureau of Investigation’s Insta-Check program, which scans more than six local and federal databases for background information on prospective gun buyers. Caldara thinks the state should instead rely on the Federal Bureau of Investigation’s background check. Handing over background check duties to the FBI would save the state annually about $1.7 million.
“Given the terrible budget issues that we have in the state, it’s one of those great things you can cut,” said Caldera. “The question needs to be why the state is doing this if the feds will do this for free.”
But supporters of the Colorado Bureau Investigation’s Insta-Check program say the department’s $1.7 million budget dramatically improves safety for Colorado. The background check conducted by the state is more thorough than the FBI’s background check, they say. For instance, the Insta-Check program forbids people with protective orders filed against them from purchasing a firearm, while the FBI’s background check does not search for protective orders filed in the state’s judicial system.
“When it comes to public safety in Colorado, I think it’s clear that CBI handling it is what keeps these kinds of firearms from people who shouldn’t have them,” said CBI Spokesman Lance Clem.
Colorado handed over background check duties to the FBI in early 1999. A few months later, the FBI approved Simon Gonzales for a firearms purchase, even though a Colorado court had issued a domestic violence restraining order against him. Gonzales in turn used the gun to kill his three daughters in Castle Rock.
Then Republican Gov. Bill Owens and the Legislature proceeded to reinstate the Colorado Bureau of Investigation as the “Point of Contact” for the FBI background checks.
“I applaud the Legislature for adopting this bill which will help in preventing individuals who are prohibited by law from obtaining firearms,” said Owens at the time.
But Dudley Brown, executive director of Rocky Mountain Gun Owners, believes the Insta-Check program “adds one more level of bureaucracy and puts the government in front of citizens.” Brown believes that the state background check is a waste of time and resources because people who want a gun can get one on the black market if they are turned down by the state.
“It pushes the sale out into the darker area where it might have taken place in the light of day,” he said.
Caldara and Brown also expressed frustration about how long the CBI Insta-Check program can take. In the months prior to Barack Obama becoming president, an increase in gun sales led to wait times exceeding an hour.
“It’s not an Insta-check program at all, Insta-check would imply that something happens in an instant,” said Caldara. “It’s a Long-Waste-Your-Time-Check program.”
But Clem pointed out that those hour-plus wait times were an anomaly. Last month’s average wait time, for example, was under 15 minutes.
Tom Mauser thinks a small wait time and $1.7 million price tag for the state is a small price to pay for making the state safer. Mauser’s son was killed in the Columbine massacre, and the father has become one of the state’s leading gun control advocates.
“It is worth the investment to make sure (guns) are not going to the wrong person,” he said.

Distributed by Colorado Capitol Reporters

The possible closing of the private prison and loss of almost 200 jobs have leaders in this small, close-knit town voicing fear about the impact the shutting down could have on a tenuous economy, The Pueblo Chieftain reports. When Mayor Bruce Quintana heard last month the news that the second largest employer in Huerfano County may close, he said he was in disbelief and immediately concerned about the future economy of the town and county.

By Debi Brazzale, COLORADO NEWS AGENCY

Citing budget constraints, a legislative committee on Monday rejected a measure that would have slapped a felony charge on  drunken drivers for their third DUI offense–leaving Colorado among a handful of states without the stiffer penalty.

“I wish we could afford the felony,” said the House Judiciary Committee chair, Rep. Claire Levy, D-Boulder.

This year’s budget gap–which lawmakers are still trying to close–along with another $1.3 billion shortfall looming for next year’s budget have lawmakers skittish about approving any bill that would require additional funding.  The felony conviction would have cost the state the equivalent of less than one-sixtieth of 1 percent of its operating budget, exclusive of funds set aside for education.

Rep. Bob Gardner, R-Colorado Spring, said he would like to see the state find a way to deal with drunken drivers in Colorado who are repeat offenders, and he said money shouldn’t be the final arbitrator.

“If we the state are going to get tough on DUIs, then we the state must figure out how to pay for it,” said Gardner.

Under current law, drunken driving is a misdemeanor until a driver has been convicted more than three times in a seven-year period and has been designated as a habitual traffic offender. Only then can a felony charge can kick in.  The measure under consideration, House Bill 1184, sponsored by Yuma Republican Rep. Cory Gardner, would have made the third offense an automatic Class-6 felony.

“We need to get repeat drunk drivers out from behind the wheel and into jail,” said Gardner, who pointed out that Colorado is one of only four states that doesn’t have a felony charge for a third drunk driving conviction.

With a felony conviction, the offender would face at least a year and up to four years in jail. The maximum sentence for a misdemeanor is up to a year in jail–and only under certain circumstances.

Mothers Against Drunk Driving executive director Emily Tompkins testified before the House Judiciary Committee  in support of Gardner’s bill.  She said the only way to deter a repeat drunken driver is to strengthen the penalty.

“The possibility of a felony conviction would serve as a strong deterrent and a stronger message,” Tompkins said.

Levy, who voted against the measure, said the she would rather see a more integrated approach to drunken driving that explores less costly ways than incarceration, and she said she will soon introduce a bill of her own that addresses drunken drivers without the cost of the felony charge.

Her fellow Democrats on the committee voted with Levy on the bill citing the budget as their primary concern.

All four Republicans on the committee voted for the measure.