Special Report March 12, 2018
$1 Billion Prison Budget Looms for Colorado A surge in drug felony filings — mostly for simple possession — is driving demand for prison beds and having a disproportionate impact on women
The Colorado General Assembly is considering funding requests from the Department of Corrections for multiple prison expansion plans, which could add more than $30 million to a budget that is rapidly nearing $1 billion for the first time in Colorado’s history. An analysis of state court and prison data finds Colorado’s war on drugs is a major driver of the DOC’s “need” for more prison beds, and it is having a particularly dramatic impact on women.
Drug felony filings have increased sharply in judicial districts around the state — the vast majority of which have been for simple possession — resulting in an increase in the number of people being sentenced to prison, especially women. As a result, Colorado’s prison population is projected to grow for the next several years, and the DOC, which initially asked the Legislature for $922 million for FY 2018-19, has requested additional funding to reopen two closed prisons: $18.8 million for Colorado State Penitentiary II in Cañon City, and $12.3 million for Huerfano County Correctional Facility.
Reopening prisons to, in part, accommodate an influx of low-level drug offenders is the opposite of what the General Assembly envisioned when it enacted Senate Bill 13-250 in 2013. The legislation was intended to comprehensively reform state drug laws in order to reserve prison beds for high-level dealers while prioritizing treatment and community supervision for individuals charged with possession. Five years later, it is clear that it did not go far enough.
Department of Corrections Budget (in Millions): FY 2012-FY 20191-3
$1,000 $953.1 Base Request: $922
$900 $864.7 Reopen Colorado State Penitentiary II: $18.8 $818.4 $821.6 $782.6 Reopen Huerfano $800 County Correctional $744.3 $744.4 Facility: $12.3 $720.1
$700 FY 2019 = Requested FY 2018 = Appropriated
$600 FY 2012-FY 2017 = Actual 2012 2013 2014 2015 2016 2017 2018 2019 Drug Felony Case Filings in Colorado and Department of Corrections Budget (in Millions): FY 2012-FY 20171-4
16,000 15,323 $900 Colorado experienced a 106% increase in drug 12,956 felony case filings in 2017 4 12,000 $800 compared to 2012. 10,791
9,303 8,636 The dramatic increase in 7,424 8,000 $700 drug felony case filings in Colorado is correlated with significant growth in the state’s prison budget. 4,000 $600 2012 2013 2014 2015 2016 2017 2018
Drug Felony Case Filings Department of Corrections Budget Of the drug felony cases filed in Colorado in 2017, three out of four were for possession.5 Drug Felony Case Filings in Colorado by Type of Offense: CY 20175 Drug possession was the crime type with the 14% highest increase from 5% 2015 to 2016, during which time the number 5% of individuals sentenced to prison for drug 1% possession in Colorado grew by 17%.6 75% Of the people sentenced to prison for drug possession in CY 2017, 84% were originally Possession Distribution Other charged only with possession (i.e. they Marijuana Special Offender did not plead down to possession from distribution).7
Colorado Criminal Justice Reform Coalition 2 Total Inmate Population and Female Inmate Population in Colorado: 2012-20178
21,000 2,700 Women represented 9.9% of Colorado’s total inmate 20,000 2,300 population in June 2017, up from 8.8% at the end of FY 2013 — an increase 19,000 1,900 of 12.5%.8
18,000 1,500 2012 2013 2014 2015 2016 2017 Another driver of the increase in the prison population was Total Inmate Population Female Inmate Population an increase in revocations from probation in 2016 of individuals whose most serious crime of conviction Increase in the Number of Individuals was drug possession, 9 Sentenced to Prison in Colorado: 2016-2017 especially women.6
29% The number of individuals sentenced to prison in Colorado grew 12% overall and an unprecedented 29% among women from 9% 12% 2016 to 2017. The Women Men Total admission rate for men grew just 9% during the same time period.8 Increase in the Number of Individuals Sentenced to Prison for Drug Possession: 2015-20166 From 2015 to 2016, the number of individuals sentenced to prison for 24% drug possession increased 24% among 17% women, compared to 17% overall.6
Women Total
Colorado Criminal Justice Reform Coalition 3 Increase in Drug Felony Case Filings Statewide and per Judicial District in Colorado: 2017 Compared to 20124
0% 50% 100% 150% 200% 250% 300%
Statewide 106% 1st Judicial District 105% 2nd Judicial District 128% 3rd Judicial District 18% 4th Judicial District 96% 5th Judicial District 1% 6th Judicial District 5% 7th Judicial District 165% 8th Judicial District 165% 9th Judicial District 85% 10th Judicial District 96% 11th Judicial District 180% 12th Judicial District 205% 13th Judicial District 44% 14th Judicial District 103% 15th Judicial District 91% 16th Judicial District 256% 17th Judicial District 92% 18th Judicial District 120% 19th Judicial District 125% 20th Judicial District 48% 21st Judicial District 109% 22nd Judicial District 98%
> 200%
151%-200%
101%-150%
50%-100%
< 50%
See pages 7-28 for individual district profiles.
Colorado Criminal Justice Reform Coalition 4 Colorado Drug Crime Classifications and Penalties Senate Bill 13-250 created a new stand-alone framework for all drug offenses and took effect on October 1, 2013. Previously, drug crimes were classified alongside other, non- drug-related misdemeanor and felony crimes.
SB 13-250 reclassified drug crimes into two categories — Drug Misdemeanors (DM) and Drug Felonies (DF) — and they are further classified into levels within those two categories (DM1-DM2 and DF1-DF4). In distribution cases, the combined weight of multiple drug sales can be added together to establish the crime level. An “aggravated” sentence can be triggered by certain aggravating circumstances, such as committing the offense in prison or while on parole, probation, or bond for another felony.
A summary of DF1-DF4 crimes is available below. See page 6 for more details.
Drug Felony Case Filings by Class in Colorado Judicial Districts: 20175
DF1
DF2
DF3
DF4
DF4 includes drug possession and sharing (transfer without remuneration);
DF3 includes lower-level distribution offenses as defined by the combined weight of the drugs sold;
DF2 includes mid-level distribution offenses as defined by the combined weight of the drugs sold; and
DF1 includes high-level drug distribution offenses as defined by the combined weight of the drugs sold and/or other characteristics of the crime, such as sales to minors or the use of a weapon.
Colorado Criminal Justice Reform Coalition 5 Colorado Drug Crime Classifications and Penalties
Schedule I substances include heroin, LSD, psilocybin and psilocyn (mushrooms), and cathinones (bath salts).
Schedule II substances include cocaine, methamphetamine, methadone, and prescription opioid painkillers such as morphine, codeine, and oxycodone.
Schedule III-V substances include anabolic steroids, many non-painkiller prescription drugs, and some prescription drugs that include low levels of Schedule II drugs, such as prescription cough medicine with codeine.
Colorado Criminal Justice Reform Coalition 6 1st Judicial District Counties: Gilpin, Jefferson
Drug Felony Case Filings: FY 2012-FY 20174
1,366 1,400
1,166 Colorado’s 1st Judicial 1,050 985 District experienced a 879 105% increase in drug 758 felony case filings in 2017 665 700 compared to 2012, which was the 10th-largest increase among the state’s 350 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5% 5% 4% Of the drug felony cases DF1 filed in the district in 2017, about six out of seven DF2 were for possession or DF3 sharing.
86% DF4
Colorado Criminal Justice Reform Coalition 7 2nd Judicial District Counties: Denver
Drug Felony Case Filings: FY 2012-FY 20174
2,800 2,676
2,220 Colorado’s 2nd Judicial 2,100 1,869 1,942 District experienced a 1,632 128% increase in drug felony case filings in 2017
1,400 1,172 compared to 2012, which was the fifth-largest increase among the 700 state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
10% Of the drug felony cases 7% DF1 filed in the district in 2017, about two out of three DF2 17% were for possession or DF3 sharing.
66% DF4
Colorado Criminal Justice Reform Coalition 8 3rd Judicial District Counties: Huerfano, Las Animas
Drug Felony Case Filings: FY 2012-FY 20174
100 92 87 83 78 Colorado’s 3rd Judicial 75 District experienced an 66 18% increase in drug
50 felony case filings in 2017 50 compared to 2012, which was the 18th-largest increase among the 25 state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5% 12% Of the drug felony cases DF1 filed in the district in 2017, about seven out of 10 DF2 12% were for possession or DF3 sharing. 71% DF4
Colorado Criminal Justice Reform Coalition 9 4th Judicial District Counties: El Paso, Teller
Drug Felony Case Filings: FY 2012-FY 20174
1,609 1,600 1,420 1,286 Colorado’s 4th Judicial 1,200 District experienced a 968 96% increase in drug 819 812 felony case filings in 2017 800 compared to 2012, which was tied for the 12th- largest increase among 400 the state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
9% 6% Of the drug felony cases DF1 6% filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 79% DF4
Colorado Criminal Justice Reform Coalition 10 5th Judicial District Counties: Clear Creek, Eagle, Lake, Summit
Drug Felony Case Filings: FY 2012-FY 20174
196 197 200 188
156 149 Colorado’s 5th Judicial 150 135 District experienced a 1% increase in drug felony case filings in 2017 100 compared to 2012, which was the smallest increase among the state’s 22 50 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
6% 9% Of the drug felony cases DF1 filed in the district in 2017, about three out of four 11% DF2 were for possession or DF3 sharing. 74% DF4
Colorado Criminal Justice Reform Coalition 11 6th Judicial District Counties: Archuleta, La Plata, San Juan
Drug Felony Case Filings: FY 2012-FY 20174
122 116 120 111 106 Colorado’s 6th Judicial 86 District experienced a 90 74 5% increase in drug felony case filings in 2017 60 compared to 2012, which was the second-smallest increase among the state’s 30 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
3% 10% Of the drug felony cases DF1 7% filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 80% DF4
Colorado Criminal Justice Reform Coalition 12 7th Judicial District Counties: Delta, Gunnison, Hinsdale, Montrose, Ouray, San Miguel
Drug Felony Case Filings: FY 2012-FY 20174
300 284
Colorado’s 7th Judicial 225 District experienced a 197 182 165% increase in drug felony case filings in 2017 149 150 140 compared to 2012, which 107 was tied for the fourth- largest increase among 75 the state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5% 5% 6% Of the drug felony cases DF1 filed in the district in 2017, about five out of six were DF2 for possession or sharing. DF3 84% DF4
Colorado Criminal Justice Reform Coalition 13 8th Judicial District Counties: Jackson, Larimer
Drug Felony Case Filings: FY 2012-FY 20174
1,024 1,000
Colorado’s 8th Judicial 750 710 District experienced a 165% increase in drug felony case filings in 2017 473 499 500 452 compared to 2012, which 386 was tied for the fourth- largest increase among 250 the state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
4% 5%
6% Of the drug felony cases DF1 filed in the district in 2017, about six out of seven DF2 were for possession or DF3 sharing. 85% DF4
Colorado Criminal Justice Reform Coalition 14 9th Judicial District Counties: Garfield, Pitkin, Rio Blanco
Drug Felony Case Filings: FY 2012-FY 20174
240 228
Colorado’s 9th Judicial 168 180 161 District experienced an 85% increase in drug 136 137 123 felony case filings in 2017 120 compared to 2012, which was the 15th-largest increase among the 60 state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5%
6% Of the drug felony cases DF1 12% filed in the district in 2017, about three out of four DF2 were for possession or DF3 sharing. 77% DF4
Colorado Criminal Justice Reform Coalition 15 10th Judicial District Counties: Pueblo
Drug Felony Case Filings: FY 2012-FY 20174
700 631 597 Colorado’s 10th Judicial 525 District experienced a 418 96% increase in drug 366 felony case filings in 2017 350 304 301 compared to 2012, which was tied for the 12th- largest increase among 175 the state’s 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
4% 11% Of the drug felony cases DF1 6% filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 79% DF4
Colorado Criminal Justice Reform Coalition 16 11th Judicial District Counties: Chaffee, Custer, Fremont, Park
Drug Felony Case Filings: FY 2012-FY 20174
500 451 Colorado’s 11th Judicial 375 352 District experienced a 180% increase in drug felony case filings in 2017 250 compared to 2012, which 203 was the third-largest 161 164 136 increase among the state’s 125 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
2% 7% Of the drug felony cases 11% DF1 filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 80% DF4
Colorado Criminal Justice Reform Coalition 17 12th Judicial District Counties: Alamosa, Conejos, Costilla, Mineral, Rio Grande, Saguache
Drug Felony Case Filings: FY 2012-FY 20174
400 336 Colorado’s 12th Judicial 300 280 District experienced a 205% increase in drug felony case filings in 2017 200 compared to 2012, which 165 was the second-largest 110 increase among the state’s 100 99 100 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
4%
7% Of the drug felony cases DF1 9% filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 80% DF4
Colorado Criminal Justice Reform Coalition 18 13th Judicial District Counties: Kit Carson, Logan, Morgan, Phillips Sedgwick, Washington, Yuma
Drug Felony Case Filings: FY 2012-FY 20174
300
247 Colorado’s 13th Judicial 220 225 208 District experienced a 197 44% increase in drug 172 felony case filings in 2017 150 140 compared to 2012, which was the 17th-largest increase among the state’s 75 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
6% 11% Of the drug felony cases DF1 filed in the district in 2017, about two out of three DF2 16% were for possession or DF3 sharing.
67% DF4
Colorado Criminal Justice Reform Coalition 19 14th Judicial District Counties: Grand, Moffat, Routt
Drug Felony Case Filings: FY 2012-FY 20174
199 200
167 Colorado’s 14th Judicial 150 District experienced a 120 118 103% increase in drug felony case filings in 2017 98 100 86 compared to 2012, which was the 10th-largest increase among the state’s 50 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
4%
8% Of the drug felony cases DF1 11% filed in the district in 2017, about three out of four DF2 were for possession or DF3 sharing. 77% DF4
Colorado Criminal Justice Reform Coalition 20 15th Judicial District Counties: Baca, Cheyenne, Kiowa, Prowers
Drug Felony Case Filings: FY 2012-FY 20174
120 113 101 101 94 Colorado’s 15th Judicial 90 District experienced a 91% increase in drug felony case filings in 2017 60 53 56 compared to 2012, which was the 14th-largest increase among the state’s 30 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
8% Of the drug felony cases 11% DF1 filed in the district in 2017, about five out of seven DF2 9% were for possession or DF3 sharing. 72% DF4
Colorado Criminal Justice Reform Coalition 21 16th Judicial District Counties: Bent, Crowley, Otero
Drug Felony Case Filings: FY 2012-FY 20174
160 147
121 Colorado’s 16th Judicial 120 107 District experienced a 256% increase in drug felony case filings in 2017 80 compared to 2012, which was the largest increase among the state’s 22 40 34 districts. 40 27
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
8% 8% Of the drug felony cases DF1 filed in the district in 2017, about two out of three DF2 17% were for possession or DF3 sharing.
67% DF4
Colorado Criminal Justice Reform Coalition 22 17th Judicial District Counties: Adams, Broomfield
Drug Felony Case Filings: FY 2012-FY 20174
1,639 1,600 1,390 Colorado’s 17th Judicial District experienced a 1,164 1,200 92% increase in drug 1,043 1,058 felony case filings in 2017 855 compared to 2012, which 800 was the 13th-largest increase among the state’s 22 districts. 400
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
8% 7% Of the drug felony cases DF1 6% filed in the district in 2017, about four out of five were DF2 for possession or sharing. DF3 79% DF4
Colorado Criminal Justice Reform Coalition 23 18th Judicial District Counties: Arapahoe, Douglas, Elbert, Lincoln
Drug Felony Case Filings: FY 2012-FY 20174
1,681 1,600 1,421 Colorado’s 18th Judicial 1,288 District experienced a 1,200 120% increase in drug 982 1,009 felony case filings in 2017 764 compared to 2012, which 800 was the seventh-largest increase among the state’s 22 districts. 400
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
10% Of the drug felony cases 6% DF1 filed in the district in 2017, 7% about three out of four DF2 were for possession or DF3 sharing. 77% DF4
Colorado Criminal Justice Reform Coalition 24 19th Judicial District Counties: Weld
Drug Felony Case Filings: FY 2012-FY 20174
900 851 772 684 Colorado’s 19th Judicial 675 District experienced a 563 528 125% increase in drug felony case filings in 2017
450 379 compared to 2012, which was the sixth-largest increase among the state’s 225 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5% 7% 4% Of the drug felony cases DF1 filed in the district in 2017, about five out of six were DF2 for possession or sharing. DF3 84% DF4
Colorado Criminal Justice Reform Coalition 25 20th Judicial District Counties: Boulder
Drug Felony Case Filings: FY 2012-FY 20174
604 600
455 Colorado’s 20th Judicial District experienced a 450 409 402 405 369 48% increase in drug felony case filings in 2017 300 compared to 2012, which was the 16th-largest increase among the state’s 150 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5%
8% Of the drug felony cases DF1 9% filed in the district in 2017, about three out of four DF2 were for possession or DF3 sharing. 78% DF4
Colorado Criminal Justice Reform Coalition 26 21st Judicial District Counties: Mesa
Drug Felony Case Filings: FY 2012-FY 20174
806 800 701 Colorado’s 21st Judicial 600 District experienced a 525 109% increase in drug 427 438 felony case filings in 2017 386 400 compared to 2012, which was the eighth-largest increase among the state’s 200 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
15% Of the drug felony cases DF1 filed in the district in 2017, 7% about seven out of 10 DF2 5% were for possession or DF3 sharing. 73% DF4
Colorado Criminal Justice Reform Coalition 27 22nd Judicial District Counties: Dolores, Montezuma
Drug Felony Case Filings: FY 2012-FY 20174
117 120 110
Colorado’s 22nd Judicial 90 District experienced a 98% increase in drug felony case filings in 2017 59 60 compared to 2012, which 44 was the 11th-largest 39 34 increase among the state’s 30 22 districts.
0 2012 2013 2014 2015 2016 2017
Drug Felony Case Filings by Class: CY 20175
5% 11% Of the drug felony cases DF1 filed in the district in 2017, about three out of four 9% DF2 were for possession or DF3 sharing. 75% DF4
Colorado Criminal Justice Reform Coalition 28 Sources
1 Staff Budget Briefings: Department of Corrections, FY 2012-FY 2019, Colorado General Assembly Joint Budget Committee 2 Appropriations Report Fiscal Year 2017-18, Colorado General Assembly Joint Budget Committee
3 Supplemental Budget Request FY 2016-17 and FY 2017-18: Department of Corrections, Colorado General Assembly Joint Budget Committee
4 Analysis of Felony Drug Filings By Judicial District, prepared by the Office of the Colorado State Public Defender (2018)
5 Filings with DF1-DF4 Drug Charges, CY 2017, Colorado Division of Criminal Justice (February 16, 2018)
6 Factors Influencing the Increase in Prison Population, Colorado Division of Criminal Justice (August 2017)
7 Data Prepared for the Prison Population and Capacity Needs Working Group, Colorado Division of Criminal Justice (March 8, 2018)
8 Monthly Capacity and Population Reports: FY 2012-FY 2017, Colorado Department of Corrections
9 Monthly Capacity and Population Report: June 2017, Colorado Department of Corrections
1212 Mariposa St. #6, Denver, CO 80204 (303) 825-0122, [email protected], CCJRC.org
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