NCJ Number
59101
Date Published
1978
Length
152 pages
Annotation
A BILL BEFORE THE COLORADO GENRAL ASSEMBLY IMPOSES BOTH MINIMUM AND MAXIMUM PUNISHMENTS FOR FIVE CLASSES OF FELONIES, SETS FORTH PRESUMPTIVE SENTENCES, CREATES A SENTENCE REVIEW COMMISSION, AND LIMITS PAROLE TERMS.
Abstract
A SIMILAR BILL WAS ENACTED IN 1977 BUT WAS VETOED BY THE GOVERNOR BECAUSE THE PROPOSED SENTENCES WERE BASED ON AVERAGE TIMES CURRENTLY SERVED AND NOT THE LENGTH OF INCARCERATION WHICH MIGHT BE DESIRABLE. IT ALSO ALLOWED INMATES CURRENTLY IN PRISON TO SERVE THEIR SENTENCES UNDER THE NEW LAW, WHICH COULD HAVE RESULTED IN A MASS EXODUS FROM THE STATE PENITENTIARY. THIS BILL SPECIFIES A SENTENCING RANGE FOR EACH CLASS OF FELONY AND BASES THE PRESUMPTIVE SENTENCE ON A PROPORTION OF THE MAXIMUM SENTENCE. A COURT WOULD HAVE TO JUSTIFY ANY SENTENCE OTHER THAN THE PRESUMPTIVE ONE. THE BACKGROUND REPORT FOR THE BILL REVIEWS VARIOUS RATIONALES FOR SENTENCING, THEN GIVES THE HISTORY OF SENTENCING IN COLORADO. SINCE 1961, 9 DIFFERENT LEGISLATIVE STUDY COMMITTEES HAVE TACKLED THE PROBLEM AND BOTH INDETERMINATE AND MANDATORY SENTENCING BILLS FOR CERTAIN CLASS 4 AND CLASS 5 OFFENDERS HAVE BEEN PASSED. THE PIECEMEAL APPROACH HAS PROVEN LESS THAN EFFECTIVE, SO THIS COMPREHENSIVE REVISION HAS BEEN DRAWN UP BASED ON AN ANALYSIS OF SENTENCES PREPARED BY THE DEPARTMENT OF CORRECTIONS. AGGRAVATING AND MITIGATING CIRCUMSTANCES WHICH SHOULD BE CONSIDERED ARE LISTED AND THE RETROACTIVE PROVISIONS OF THE BILL ARE EXPLAINED. APPENDIXES CONTAIN A LIST OF CLASSIFIED FELONIES, A HYPOTHETICAL FELONY CLASSIFICATION, AND THE SENTENCE LENGTHS SUGGESTED BY THE COLORADO ASSOCIATION OF CHIEFS OF POLICE.