Colorado Commission on Criminal and Peter A. Weir, Chair Juvenile Justice David S. Kaplan, Vice‐Chair Karen L. Beye Dean J. Conder Rhonda C. Fields Regis F. Groff Peter G. Hautzinger Regina M. Huerter William C. Kilpatrick Reo N. Leslie, Jr. Claire Levy Gil Martinez David L. Michaud Inta B. Morris John P. Morse Donald S. Quick Tom Quinn Ellen Roberts J. Grayson Robinson Mark Scheffel Steven R. Siegel Jeanne Smith John Suthers Douglas K. Wilson Aristedes W. Zavaras Debra L. Zwirn Annual Report July 2009 Colorado Commission on Criminal and Juvenile Justice 2009 Annual Report Report to the Governor, the Speaker of the House of Representatives, the President of the Senate, and the Chief Justice of the State Supreme Court, pursuant to C.R.S. 16‐11.3‐103(5) July 2009 Prepared By: Office of Research and Statistics Kim English, Research Director Division of Criminal Justice Jeanne Smith, Director Department of Public Safety Peter A. Weir, Executive Director 700 Kipling Street, Suite 1000 Denver, Colorado 80215 Telephone: (303) 239‐4442 Fax: (303) 239‐4491 http://cdpsweb.state.co.us/cccjj July 2009 Letter from Commission Chair Peter Weir I am pleased to present the Commission’s second annual report pursuant to C.R.S. 16‐11.3‐101(2). As is reflected by the contents of this report, members of the Commission, its task forces, and committees have spent countless hours studying evidence‐based strategies to enhance public safety, reduce victimization, and ensure the most cost‐effective use of limited resources. The Commission benefits from the multidisciplinary expertise of its many participants as it seeks to fulfill its many mandates. I am most grateful for these professionals who have contributed to the Commission’s success. In a very short period, the Commission studied reentry and promulgated 66 recommendations for reform. The status of the implementation of these recommendations is an important focus of this report. Eight bills were passed by the 2009 General Assembly that reflected the work of the Commission. The implementation of many other recommendations is underway. I am proud of the Commission’s efforts to reform reentry; these recommendations are an important first step in meeting the Commission’s statutory mandate to focus on evidence‐based recidivism reduction. Despite these early accomplishments, much work remains. The Commission has delegated the continued study of reentry‐‐with the expectation of additional recommendations‐‐to a single task force rather than the four that produced the first set of recommendations. I am grateful that the Commission’s co‐chair, David Kaplan, directs this task force. His leadership, along with the dedicated members of the group, will continue the focus on policies and practices related to prison release including the parole release process, supervision, and revocation. The Reentry Oversight Committee, capably chaired by Regina Huerter, will continue its focus on critical issues including minority overrepresentation, gender specific programming, training, access to data, behavioral health, and community corrections. Additional recommendations will also be forthcoming in these areas. Last year, the National Research Council of the National Academy of Sciences published a comprehensive review of research related to recidivism reduction and public safety. The report concludes with the 2009 Annual Report Table of Contents Acknowledgements ……………………………………………………………………………………………………………………….. iii Commission Members …………………………………………………………………………………………………………………… v Subcommittee Members ……………………………………………………………………………………………………………….. vii Commission Staff …………………………………………………………………………………………………………………………… xiii Section 1: Introduction and Background ………………………………………………………………………………………… 1 Section 2: Legislative Intent and Membership ……………………………………………………………………………… 9 Section 3: Activities of the Commission …………………………………………………………………………………………. 11 Section 4: Critical Issues Requiring Systemic Reform .…………………………………………………………………… 19 Section 5: Status of the Commission’s 66 Reentry Recommendations …………………………………………… 29 Section 6: Next Steps ……………………………………………………………………………………………………………………… 101 References …………………………………………………………………………………………………………………………………….. 103 Appendices Appendix A: Needs vs. Services Received by Community Corrections Offenders FY 2008 ………………. 107 Appendix B: House Bill 07-1358 ……………………………………………………………………………………………………. 111 Appendix C: CCJJ Committee on Re-Entry ………………………………………………………………………………………. 123 Appendix D: House Bill 09-1266 ……………………………………………………………………………………………………… 127 Appendix E: House Bill 09-1263 ……………………………………………………………………………………………………… 141 Appendix F: House Bill 09-1264 ………………………………..……………………………………………………………………. 147 Appendix G: House Bill 09-1262 …………………………………………………………………………………………………….. 153 Appendix H: House Bill 09-1122 ..…………………………………………………………………………………………………… 157 Appendix I: House Bill 09-1044 ………………………………………………………………………………………………………. 171 Appendix J: House Bill 09-1351 ………………………………………………………………………………………………………. 177 Appendix K: Senate Bill 09-006 ………………………………………………………………………………………………………. 183 Appendix L: Juvenile Issues in Colorado PowerPoint Presentation …………………………………………………. 193 Appendix M: Sentencing Issues in Colorado PowerPoint Presentation …………………………………………… 199 Appendix N: Senate Bill 09-286 ……………………………………………………………………………………………………… 205 Appendix O: CCJJ Collaboration Survey Instrument and Results …………………………………………………….. 211 Appendix P: Extent of Behavioral Health Problems Among Offenders …………………………………………… 221 Appendix Q: Agenda, Presenters and Presentation Summary for March 2009 CCJJ Meeting …………. 225 Appendix R: Draft Behavioral Health Recommendations ……………………………………………………………….. 231 Appendix S: Community Corrections Subcommittee letter …………………………………………………………….. 237 i Appendix T: Revised Conditions of Probation ………………………………………………………………………………… 241 Appendix U: Larimer County Bond Commission Study Findings ……………………………………………………… 247 Appendix V: Post-Incarceration Supervision Task Force Parole Work Plan 2009 …………………………….. 253 Appendix W: Letter from the Governor and Attorney General ………………………………………………………. 259 Appendix X: Race across the Systems …………………………………………………………………………………………….. 265 Figures Figure 1: Colorado Department of Corrections Adult Inmate Jurisdictional Population …..……………… 7 ii 2009 Annual Report Acknowledgements Many individuals contributed to the Commission’s work between December 2008 and the publication of the current report. Since the Commission’s inception, consultant Paul Herman from the Center for Effective Public Policy has provided guidance, encouragement, and clarity. The Commission has benefited from Paul’s national reputation and his work in dozens of other states, as well as his own 30- year career managing parole and reentry for the Missouri Department of Corrections. Paul’s assistance is funded by a grant from the Justice Assistance Grant (JAG) program and the JEHT Foundation, the latter of which ceased operations in January 2009. The Commission is indebted to the Reentry Oversight Committee and task force chairs for their efforts these past seven months. Regina Huerter, chair of the Oversight Committee, worked closely with staff to plan and prioritize the work of the task forces. Grayson Robinson, David Kaplan, Regis Groff, and Gil Martinez, along with their co-chairs Michelle Sykes, Christie Donner, Louise Boris, and Mike Reide worked together to further the work of their task forces. Thank you, also, to those who joined the Commission’s Behavioral Health Subcommittee and the Community Corrections Subcommittee. These collaborative efforts require significant time and energy, and build on work that was documented in the previous Commission report (December, 2008). The Commission is extremely grateful to the task force and subcommittee members whose work continues to shape much of the Commission accomplishments. The Commission appreciates the detailed responses provided by the Department of Corrections to the recommendations in the December 2008 report. DOC’s written response to the Commission’s recommendations was helpful in the production of the current report, and the significant effort by many DOC staff to develop that document is certainly noteworthy here. Similarly, the Commission is grateful to the Probation Advisory Committee and the Division of Probation Services for its efforts to further the mission of the Commission. Likewise, thanks to the Office of Community Corrections for providing information about the status of recommendations that pertained to it, and for its assistance with the new Community Corrections Subcommittee. Special thanks to Ann Terry for her work with the Commission’s Legislative Subcommittee, and her able shepherding of the bills that were generated in response to Commission recommendations. Christie Donner, Maureen Cain and Ted Tow were particularly helpful in this effort. Finally, thank you to those who attended special Commission meetings that focused on legislative initiatives, sentencing reform, juvenile justice system reform, and other issues. Last but far from least, thank you to Adrienne Loye whose excellent organization, planning, and meeting minutes continue to facilitate the work of the Commission. The Commission benefits from and is grateful for the collaborative spirit of those in the juvenile and criminal justice system communities who work to improve the health and safety of our communities. iii iv 2009 Annual Report Commission Members Peter A. Weir, Chair David S. Kaplan, Vice Chair Executive Director Haddon, Morgan, Mueller, Jordan, Department