Special Report January 30, 2019

Drug Felony Filings Continue to Increase in , Driving Up State Prison Budget With prisons nearly full and the Department of Corrections budget closing in on $1 billion, most Coloradans want the state to seek alternatives to incarceration — including reducing the penalties for simple drug possession

Colorado’s prison budget has steadily increased over the past several years, and it will soon exceed $1 billion for the first time in history if the state does not change course. More than $900 million has been appropriated to the Department of Corrections for FY 2019 — an increase of more than 25% since FY 2012.

An analysis of state court and prison data finds Colorado’s war on drugs is a major driver of the state’s prison population and, consequently, its prison budget. Possession of any amount of Schedule I or II drugs, such as cocaine, methamphetamine, and heroin — including trace amounts detected in paraphernalia — carry felony penalties that can result in a prison sentence.

Despite efforts by the Colorado General Assembly to reduce the number of individuals being sentenced to prison for low-level drug offenses — particularly Senate Bill 13-250 in 2013 — drug felony filings have increased sharply across Colorado in recent years, the vast majority of which have been for simple possession. Drug felony filings have more than doubled since 2012, and they increased 8% in 2018, accounting for 30% of total felony filings in the state. When the Legislature enacted Senate Bill 13-250, it intended to comprehensively reform state drug laws in order to reserve prison beds for high-level dealers while diverting individuals charged with possession to treatment and community supervision. Six years later, it is clear that it did not go far enough.

With Colorado prisons nearing capacity, lawmakers must decide whether to open another prison — and continue adding to the state’s nearly $1 billon prison budget — or pursue ways of safely reducing the prison population. A strong majority of Colorado voters support the latter, according to a statewide survey conducted this month by Public Policy Polling.

This is a complex issue, but there are some simple actions the General Assembly could take this session to produce immediate and long-term benefits. Specifically, it could alleviate the upward pressure drug felony filings are placing on the state’s prison population by reducing the penalty for simple drug possession from a felony to a misdemeanor — a proposal that most Coloradans would prefer over opening another prison, according to the PPP survey. The Legislature could also move more aggressively to develop strategies that support recovery and stability and address current gaps in treatment access and affordable housing. Colorado Survey Results

The survey of 695 registered Colorado voters was conducted January 18-20, 2019, by Public Policy Polling and has a margin of error of ± 3.7%.

Two out of three Colorado voters (67%) think the Legislature should focus on reducing the prison population instead of of spending additional funds to open another prison. Only 21% think the state should open another prison.

When it comes to addressing issues related to drug use, four out of five Colorado voters (79%) agree the state should focus more on prevention and treatment and less on incarceration and punishment. Fifty-seven percent “strongly agree,” while only 9% “strongly disagree.”

When it comes to addressing prison overcrowding, 63% of Colorado voters think the Legislature should reduce the prison population by lowering the penalty for simple drug possession, rather than opening another prison. Only 25% would prefer the state open another prison, while the rest were not sure.

See pages 29-33 for the full survey results, including demographics and crosstabs.

Colorado Criminal Justice Reform Coalition 2 Drug Felony Case Filings in Colorado: FY 2012-FY 20181-2

2012 2013 2014 2015 2016 2017 2018

7,424 8,636 9,303 10,791 12,956 15,323 16,547

Colorado Department of Corrections Budget (in Millions): FY 2012-FY 20193-4

2012 2013 2014 2015 2016 2017 2018 2019

$720.1 $744.3 $744.4 $782.6 $818.4 $821.6 $864.7 $907.1

2012-2017 = Actual 2018-2019 = Appropriated

Drug Felony Case Filings in Colorado and Department of Corrections Budget (in Millions): FY 2012-FY 20191-4

$900 16,000 $900 The number of drug felony cases filed in Colorado courts increased 8% in $800 2018. Annual drug felony 12,000 $800 filings have more than doubled since 2012, increasing 123%.1-2 8,000 $700$700 The increase in drug felony case filings in Colorado from 2012-2018 is correlated 4,000 $600$600 2012 2013 2014 2015 2016 2017 2018 2019 with significant growth in the state’s prison budget. Drug Felony Case Filings Dept. of Corrections Budget

Colorado Criminal Justice Reform Coalition 3 Increase in Annual Drug Felony Case Filings in Colorado, Statewide and Per Judicial District: 2018 Compared to 20121

0% 50% 100% 150% 200% 250% 300%

Statewide 123% Judicial District 1 154% Judicial District 2 137% Judicial District 3 121% Judicial District 4 111% Judicial District 5 10% Judicial District 6 25% Judicial District 7 197% Judicial District 8 192% Judicial District 9 95% Judicial District 10 108% Judicial District 11 66% Judicial District 12 187% Judicial District 13 86% Judicial District 14 92% Judicial District 15 140% Judicial District 16 …447% 447% Judicial District 17 117% Judicial District 18 110% Judicial District 19 169% Judicial District 20 53% Judicial District 21 132% Judicial District 22 120%

> 200%

151%-200%

101%-150%

50%-100%

< 50%

See pages 6-27 for individual district profiles.

Colorado Criminal Justice Reform Coalition 4 Drug Felony Case Filings as a Proportion of Total Felony Case Filings in Colorado: 2018 Compared to 20122

In 2018, drug felony filings accounted for 30% 30% of total felony 21% filings in Colorado, 2018 2012 compared to 21% in 2012. They accounted for at least one-quarter of all felony filings in 17 of the state’s 22 judicial districts and one-third or more in 2 Drug Felony Filings Other Felony Filings six of those districts.

After drugs, the next most See pages 6-27 for individual judicial district profiles. frequent type of offense Drug Felony Case Filings by Class in Colorado Judicial Districts: 20175 for which felony charges were filed in 2018 was theft, which accounted for Drug Felony Case Filings in Colorado, 11% of total felony filings.2 by Type of Offense: CY 20175

DF1 The vast majority of drug 5% 14% felony filings are for possession alone. Of the DF2 5% drug felony cases filed in Colorado in 2017, three 1% out of four were for DF3 possession.5

75% Of the people sentenced to DF4 prison for drug possession in CY 2017, 84% were originally charged only with possession (i.e. they Possession Distribution Other did not plead down to possession from Marijuana Special Offender distribution).6

See page 34 for an overview of Colorado drug crime classifications and penalties.

Colorado Criminal Justice Reform Coalition 5 1st Judicial District Counties: Gilpin, Jefferson

Drug Felony Case Filings: FY 2012-FY 20181-2

1,689 1,600 1,366 The number of drug 1,166 felony cases filed in 1,200 Colorado’s 1st Judicial 985 879 District increased 24% 758 in 2018. The district has 800 665 experienced a 154% increase since 2012.1-2

400

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

Drug felony filings accounted for 33% of 33% total felony filings in 2018, compared to 19% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 6 2nd Judicial District Counties:

Drug Felony Case Filings: FY 2012-FY 20181-2

2,778 2,800 2,676

2,220 The number of drug 1,942 2,100 1,869 felony cases filed in Colorado’s 2nd Judicial 1,632 District increased 4% in 2018. The district has 1,400 1,172 experienced a 137% increase since 2012.1-2 700

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 41% of total felony filings, compared to 41% 29% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 7 3rd Judicial District Counties: Huerfano, Las Animas

Drug Felony Case Filings: FY 2012-FY 20181-2

160 146

The number of drug 120 felony cases filed in Colorado’s 3rd Judicial 92 83 87 District increased 87% 78 in 2018. The district has 80 66 experienced a 121% 50 increase since 2012. 40

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 29% of total 29% felony filings, compared to 16% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 8 4th Judicial District Counties: El Paso, Teller

Drug Felony Case Filings: FY 2012-FY 20181-2

1,730 1,609 1,600 1,420 1,286 The number of drug felony cases filed in 1,200 Colorado’s 4th Judicial 968 District increased 8% 819 812 in 2018. The district has 800 experienced a 111% increase since 2012.

400

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings 23% accounted for 23% of total felony filings, compared to 17% in 2012.

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 9 5th Judicial District Counties: Clear Creek, Eagle, Lake, Summit

Drug Felony Case Filings: FY 2012-FY 20181-2

216 196 197 200 188 The number of drug 156 149 felony cases filed in 150 135 Colorado’s 5th Judicial District increased 10% in 2018. The district has 100 experienced a 10% increase since 2012.

50

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony 22% filings accounted for 22% of total felony filings. They accounted for 27% of total felony filings in 2012.

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 10 6th Judicial District Counties: Archuleta, La Plata, San Juan

Drug Felony Case Filings: FY 2012-FY 20181-2

132 122 116 120 111 106 The number of drug felony cases filed in 86 Colorado’s 6th Judicial 90 74 District increased 19% in 2018. The district has 60 experienced a 25% increase since 2012.

30

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

16% In 2018, drug felony filings accounted for 16% of total felony filings. They accounted for 16% of total felony filings in 2012, as well.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 11 7th Judicial District Counties: Delta, Gunnison, Hinsdale, Montrose, , San Miguel

Drug Felony Case Filings: FY 2012-FY 20181-2

318 300 284 The number of drug felony cases filed in 225 197 Colorado’s 7th Judicial 182 District increased 12% 149 140 in 2018. The district has 150 experienced a 197% 107 increase since 2012.

75

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 2018

In 2018, drug felony filings accounted for 30% of total 30% felony filings, compared to 17% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 12 8th Judicial District Counties: Jackson, Larimer

Drug Felony Case Filings: FY 2012-FY 20181-2

1,200 1,128 1,024 The number of drug 900 felony cases filed in 710 Colorado’s 8th Judicial District increased 10% in 2018. The district has 600 499 452 473 experienced a 192% 386 increase since 2012. 300

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 2018

In 2018, drug felony filings accounted for 34% of total 34% felony filings, compared to 20% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 13 9th Judicial District Counties: Garfield, Pitkin, Rio Blanco

Drug Felony Case Filings: FY 2012-FY 20181-2

240 240 228

The number of drug 168 180 161 felony cases filed in Colorado’s 9th Judicial 136 137 123 District increased 5% 120 in 2018. The district has experienced a 95% increase since 2012. 60

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 29% of total 29% felony filings, compared to 19% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 14 10th Judicial District Counties: Pueblo

Drug Felony Case Filings: FY 2012-FY 20181-2

700 631 632 597 The number of drug 525 felony cases filed in 418 Colorado’s 10th Judicial 366 District increased 6% 350 304 301 in 2018. The district has experienced a 108% increase since 2012. 175

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings 23% accounted for 23% of total felony filings, compared to 16% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 15 11th Judicial District Counties: Chaffee, Custer, Fremont, Park

Drug Felony Case Filings: FY 2012-FY 20181-2

500 451 The number of drug 375 352 felony cases filed in Colorado’s 11th Judicial 267 District decreased 41% 250 in 2018. The district has 203 experienced a 66% 161 164 136 increase since 2012. 125

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony 23% filings accounted for 23% of total felony filings, They accounted for 25% of total felony filings in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 16 12th Judicial District Counties: Alamosa, Conejos, Costilla, Mineral, Rio Grande, Saguache

Drug Felony Case Filings: FY 2012-FY 20181-2

400 336 316 The number of drug 300 280 felony cases filed in Colorado’s 12th Judicial District decreased 6% in 2018. The district has 200 165 experienced a 187% 110 increase since 2012. 100 99 100

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 28% of total 28% felony filings, compared to 15% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 17 13th Judicial District Counties: Kit Carson, Logan, Morgan, Phillips Sedgwick, Washington, Yuma

Drug Felony Case Filings: FY 2012-FY 20181-2

320

300 The number of drug 247 felony cases filed in 220 Colorado’s 13th Judicial 225 208 197 District increased 30% 172 in 2018. The district has 140 150 experienced an 86% increase since 2012.

75

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings 26% accounted for 26% of total felony filings, compared to 24% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 18 14th Judicial District Counties: Grand, Moffat, Routt

Drug Felony Case Filings: FY 2012-FY 20181-2

199 200 188 167 The number of drug felony cases filed in 150 Colorado’s 14th Judicial 120 118 District decreased 6% 98 in 2018. The district has 100 86 experienced a 92% increase since 2012. 50

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 31% of total 31% felony filings, compared to 21% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 19 15th Judicial District Counties: Baca, , , Prowers

Drug Felony Case Filings: FY 2012-FY 20181-2

127

120 113 101 101 The number of drug 94 felony cases filed in 90 Colorado’s 15th Judicial District increased 26% in 2018. The district has 53 56 60 experienced a 140% increase since 2012.

30

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 36% of total 36% felony filings, compared to 23% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 20 16th Judicial District Counties: Bent, Crowley, Otero

Drug Felony Case Filings: FY 2012-FY 20181-2

200 186

The number of drug 147 150 felony cases filed in 121 Colorado’s 16th Judicial 107 District increased 54% 100 in 2018. The district has experienced a 447% increase since 2012. 40 50 34 27

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 29% of total 29% felony filings, compared to 11% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 21 17th Judicial District Counties: Adams, Broomfield

Drug Felony Case Filings: FY 2012-FY 20181-2

2,000 1,857

1,639 The number of drug 1,500 1,390 felony cases filed in Colorado’s 17th Judicial 1,164 1,043 1,058 District increased 13% 1,000 855 in 2018. The district has experienced a 117% increase since 2012. 500

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 32% of total 32% felony filings, compared to 23% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 22 18th Judicial District Counties: Arapahoe, Douglas, Elbert, Lincoln

Drug Felony Case Filings: FY 2012-FY 20181-2

1,681 1,608 1,600 1,421 The number of drug 1,288 felony cases filed in 1,200 Colorado’s 18th Judicial 982 1,009 District decreased 4%

764 in 2018. The district has 800 experienced a 110% increase since 2012.

400

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 30% of total 30% felony filings, compared to 21% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 23 19th Judicial District Counties: Weld

Drug Felony Case Filings: FY 2012-FY 20181-2

1,020 1,000 851 The number of drug 772 felony cases filed in 750 684 Colorado’s 19th Judicial 563 District increased 20% 528 in 2018. The district has 500 379 experienced a 169% increase since 2012.

250

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 33% of total 33% felony filings, compared to 19% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 24 20th Judicial District Counties: Boulder

Drug Felony Case Filings: FY 2012-FY 20181-2

604 624 600 The number of drug 455 felony cases filed in 450 409 402 405 Colorado’s 20th Judicial 369 District increased 3% in 2018. The district has 300 experienced a 53% increase since 2012. 150

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings 23% accounted for 23% of total felony filings, compared to 20% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 25 21st Judicial District Counties: Mesa

Drug Felony Case Filings: FY 2012-FY 20181-2

1,000 895 806 The number of drug 750 701 felony cases filed in Colorado’s 21st Judicial 525 District increased 11% 500 427 438 in 2018. The district has 386 experienced a 132% increase since 2012. 250

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 36% of total 36% felony filings, compared to 26% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 26 22nd Judicial District Counties: Dolores, Montezuma

Drug Felony Case Filings: FY 2012-FY 20181-2

130 117 120 110 The number of drug felony cases filed in 90 Colorado’s 22nd Judicial District increased 11% 59 in 2018. The district has 60 44 experienced a 120% 39 34 increase since 2012. 30

0 2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total Felony Filings: 20182

In 2018, drug felony filings accounted for 29% of total 29% felony filings, compared to 18% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 27 Sources

1 Analysis of Felony Drug Filings By Judicial District, prepared by the Office of the Colorado State Public Defender (2018)

2 Annual Statistical Report: Fiscal Year 2018, Colorado Judicial Branch

3 Staff Budget Briefings: Department of Corrections, FY 2012-FY 2019, Colorado General Assembly Joint Budget Committee 4 Appropriations Report Fiscal Year 2018-19, Colorado General Assembly Joint Budget Committee

5 Court records extracted from the Colorado Judicial Branch’s Integrated Colorado Online Network (ICON) information management system via the Colorado Justice Analytics Support System (CJASS) and analyzed by the Division of Criminal Justice/ORS (February 16, 2018). Excludes Denver County Court data.

6 Data Prepared for the Prison Population and Capacity Needs Working Group, Colorado Division of Criminal Justice (March 8, 2018)

1212 Mariposa St. #6, Denver, CO 80204 (303) 825-0122, [email protected], CCJRC.org

28 Appendix A

Colorado Survey Results

Q1 I have a few questions for you today about Q4 If you are a woman, press 1. If a man, press 2. prison spending and drug policy in Colorado. 53% The first is about prison spending. Colorado Woman ...... prisons are nearly full and the Legislature must Man...... 47% decide whether to spend $30 million to open Q5 If you are a Democrat, press 1. If a another prison or pursue alternatives to Republican, press 2. If an independent, press incarceration and other ways to safely reduce 3. the prison population. Do you think the Legislature should spend $30 million to open Democrat ...... 43% another prison, or focus on reducing the prison Republican ...... 33% population? 25% Think the Legislature should spend $30 Independent ...... million to open another prison...... 21% Q6 If you are Hispanic or Latino, press 1. If white, Think the Legislature should focus on press 2. If other, press 3. 67% reducing the prison population ...... Hispanic / Latino ...... 14% 12% Not sure ...... White ...... 79% Now I would like to ask you some questions Q2 7% about drug policy in Colorado. Do you strongly Other...... agree, somewhat agree, somewhat disagree or Q7 If you are 18 to 29 years old, press 1. If 30 to strongly disagree with the following statement: 45, press 2. If 46 to 65, press 3. If you are When it comes to addressing issues related to older than 65, press 4. drug use, Colorado should focus more on 18 to 29...... 14% prevention and treatment and less on incarceration and punishment. 30 to 45...... 21% Strongly agree...... 57% 46 to 65...... 38% Somewhat agree ...... 22% Older than 65 ...... 27% Q8 Mode Somewhat disagree...... 8% 60% Strongly disagree...... 9% Phone ...... 40% Not sure ...... 4% Internet...... Q3 When it comes to reducing prison overcrowding in Colorado, do you think the Legislature should open another prison, or reduce the prison population by lowering the penalty for simple drug possession? Think the Legislature should open another prison...... 25% Think the Legislature should reduce the prison population by lowering the penalty for simple drug possession...... 63% Not sure ...... 13%

January 18-20, 2019 3020 Highwoods Blvd. Survey of 695 Colorado voters Raleigh, NC 27604 [email protected] / 888 621-6988

Colorado Criminal Justice Reform Coalition 29

Gender Gender Base Woman Man Base Woman Man Prison Spending: Statement: Colorado Open Another Prison / Should Focus More on

Focus on Reducing Prevention and Prison Population Treatment Agree/Disagree Think the Legislature 21% 17% 26% should spend $30 Strongly agree 57% 56% 58% million to open another prison Somewhat agree 22% 26% 18% Think the Legislature 67% 68% 65% Somewhat disagree 8% 9% 7% should focus on Strongly disagree 9% 6% 14% reducing the prison population Not sure 4% 4% 3% Not sure 12% 15% 9%

Gender Party Base Woman Man Base Democrat Republican Independent Reducing Prison Prison Spending: Open Another Prison / Overcrowding: Open Another Prison / Lower Focus on Reducing Prison Population Penalty for Simple Drug Possession Think the Legislature 21% 11% 30% 28% should spend $30 Think the Legislature 25% 20% 29% million to open should open another another prison prison Think the Legislature 67% 80% 55% 60% Think the Legislature 63% 66% 59% should focus on should reduce the reducing the prison prison population by population lowering the penalty Not sure 12% 9% 15% 12% for simple drug possession Not sure 13% 14% 11%

January 18-20, 2019 3020 Highwoods Blvd. survey of 695 Colorado voters Raleigh, NC 27604 [email protected] / 888 621-6988

Colorado Criminal Justice Reform Coalition 30

Party Party Base Democrat Republican Independent Base Democrat Republican Independent Statement: Colorado Reducing Prison Should Focus More on Overcrowding: Open Prevention and Another Prison / Lower Treatment Penalty for Simple Agree/Disagree Drug Possession Strongly agree 57% 73% 40% 51% Think the Legislature 25% 12% 38% 27% should open another 15% 29% 25% Somewhat agree 22% prison Somewhat disagree 8% 4% 7% 16% Think the Legislature 63% 76% 45% 63% Strongly disagree 9% 3% 19% 7% should reduce the prison population by Not sure 4% 4% 5% 2% lowering the penalty for simple drug possession Not sure 13% 12% 16% 10%

Race Race Hispanic Hispanic Base / Latino White Other Base / Latino White Other Prison Spending: Statement: Colorado Open Another Prison / Should Focus More on

Focus on Reducing Prevention and Prison Population Treatment Agree/Disagree Think the Legislature 21% 15% 23% 16% should spend $30 Strongly agree 57% 63% 57% 45% million to open another prison Somewhat agree 22% 27% 20% 33% Think the Legislature 67% 71% 66% 66% Somewhat disagree 8% 5% 8% 10% should focus on Strongly disagree 9% 1% 11% 6% reducing the prison population Not sure 4% 3% 4% 6% Not sure 12% 13% 11% 18%

January 18-20, 2019 3020 Highwoods Blvd. survey of 695 Colorado voters Raleigh, NC 27604 [email protected] / 888 621-6988

Colorado Criminal Justice Reform Coalition 31

Race Age Hispanic 18 to 30 to 46 to Older Base / Latino White Other Base 29 45 65 than 65 Reducing Prison Prison Spending: Overcrowding: Open Open Another Prison /

Another Prison / Lower Focus on Reducing Penalty for Simple Prison Population Drug Possession Think the Legislature 21% 10% 23% 27% 18% Think the Legislature 25% 17% 26% 21% should spend $30 should open another million to open prison another prison Think the Legislature 63% 56% 64% 58% Think the Legislature 67% 78% 66% 62% 68% should reduce the should focus on prison population by reducing the prison lowering the penalty population for simple drug Not sure 12% 12% 11% 11% 14% possession Not sure 13% 26% 9% 21%

Age Age 18 to 30 to 46 to Older 18 to 30 to 46 to Older Base 29 45 65 than 65 Base 29 45 65 than 65 Statement: Colorado Reducing Prison Should Focus More on Overcrowding: Open Prevention and Another Prison / Lower Treatment Penalty for Simple Agree/Disagree Drug Possession Strongly agree 57% 78% 49% 52% 59% Think the Legislature 25% 15% 22% 32% 22% should open another Somewhat agree 22% 13% 28% 24% 19% prison Somewhat disagree 8% 4% 10% 8% 9% Think the Legislature 63% 73% 56% 61% 65% Strongly disagree 9% 3% 8% 14% 8% should reduce the prison population by Not sure 4% 2% 5% 2% 5% lowering the penalty for simple drug possession Not sure 13% 12% 22% 8% 13%

January 18-20, 2019 3020 Highwoods Blvd. survey of 695 Colorado voters Raleigh, NC 27604 [email protected] / 888 621-6988

Colorado Criminal Justice Reform Coalition 32

Mode Mode Base Phone Internet Base Phone Internet Prison Spending: Statement: Colorado Open Another Prison / Should Focus More on

Focus on Reducing Prevention and Prison Population Treatment Agree/Disagree Think the Legislature 21% 26% 14% should spend $30 Strongly agree 57% 54% 61% million to open another prison Somewhat agree 22% 21% 24% Think the Legislature 67% 62% 74% Somewhat disagree 8% 10% 4% should focus on Strongly disagree 9% 11% 7% reducing the prison population Not sure 4% 4% 3% Not sure 12% 12% 12%

Mode Base Phone Internet Reducing Prison Overcrowding: Open Another Prison / Lower Penalty for Simple Drug Possession Think the Legislature 25% 30% 17% should open another prison Think the Legislature 63% 58% 69% should reduce the prison population by lowering the penalty for simple drug possession Not sure 13% 12% 13%

January 18-20, 2019 3020 Highwoods Blvd. survey of 695 Colorado voters Raleigh, NC 27604 [email protected] / 888 621-6988

Colorado Criminal Justice Reform Coalition 33 Appendix B

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 34