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CCJJ 2019 Annual ReportLang SiasState Representative, House District 27Glenn TapiaDivision of Probation ServicesKirk TaylorSheriff’s Office, Pueblo CountyDouglas WilsonCO State Public DefenderBo ZeeripDistrict Attorney’s Office, 21st (J.D.)Abuse of Youth in CustodyNameAffiliationJoe Thome, ChairDivision of Criminal JusticeJoseph BrozekDivision of Child Welfare, CO Department of Human ServicesTony GherardiniCO Department of Human ServicesBlake HarrisonDistrict Attorneys’ Office, 2nd Judicial DistrictAnders JacobsonDivision of Youth Services, CDHSNatasha MitchellOffice of Colorado’s Child Protection OmbudsmanGretchen RussoJudicial and Legislative Administrator, CDHSEffie SeiboldState Public Defender’s Officexiii

2019 Annual Report Colorado Commission on Criminal & Juvenile Justicexiv

CCJJ 2019 Annual ReportCommission staffKim EnglishLaurence LuceroResearch Director, Office of Research and StatisticsOffice of Research and StatisticsDivision of Criminal JusticeDivision of Criminal JusticeRichard StrokerGermaine MieraConsultantOffice of Research and StatisticsDivision of Criminal JusticeCooper ReveleyLegislative Liaison, Office of the Executive DirectorJack ReedDepartment of Public SafetyOffice of Research and StatisticsDivision of Criminal JusticePeg FlickOffice of Research and StatisticsStephane WaisanenDivision of Criminal JusticeOffice of Research and StatisticsDivision of Criminal JusticeKevin L. FordOffice of Research and StatisticsDivision of Criminal JusticeLinda HarrisonOffice of Research and StatisticsDivision of Criminal Justicexv

2019 Annual Report Colorado Commission on Criminal & Juvenile Justicexvi

Section 1 Introduction1IntroductionThis report documents the Commission’s twelfth– nine legislative and three policy – in the areasyear of work and accomplishments, describingof delinquency, mental health, pretrial, andthe Commission’s activities between July 1, 2018institutional abuse of youth. Legislative reformsand June 30, 2019. During Fiscal Year 2019, theare one type of systemic change the CommissionCommission studied issues related to juvenilepromotes. It also recommends changes todelinquency, pretrial release, the mental health ofoperational policy, business practice, and agencyindividuals involved in the justice system, and thephilosophy. During the 2019 legislative session,institutional abuse of youth in facilities operated bythe content of four pieces of legislation includedthe Department of Human Services. The Commissionelements of Commission recommendationsheard from the Council of State Governments on(see Table 1.1 on next page).current efforts to improve outcomes for youthin Colorado and from the Equitas Project on itsColorado Course Corrections initiative. Additionally,Commissioners received in-depth data presentationson criminal justice processes, the prevalence ofdriving under the influence of drugs and alcohol, andtrends and issues in criminal justice. More detailedinformation can be found in the “Activities of theCommission” section.This 2019 report is organized as follows: Section 2provides a summary of the Commission’s missionas reflected in its enabling legislation, along withits membership; Section 3 discusses Commission,task force and committee activities from July2018 through June 2019; Section 4 details theCommission’s recommendations and outcomes; andSection 5 describes the Commission’s next steps.After months of study in Fiscal Year 2019, theCommission approved twelve recommendations1

2019 Annual Report Colorado Commission on Criminal & Juvenile JusticeTable 1.1. Bills related to Commission recommendationsBill numberBill titleStatusHouse Bill 19-1263Offense Level for Controlled Substance PossessionSigned(Note: This bill was not initiated by CCJJ, but included elements of a previousCCJJ recommendation from the Drug Policy Task Force, FY13-DP03)House Bill 19-1297Jail Capacity Data CollectionSigned(Note: This bill was not initiated by CCJJ, but included elements of a previousCCJJ recommendation from the Bail Subcommittee, FY13-BL04)House Bill 19-1331Remove Limitation on Evidence-based Practices Implementation ForCapacity Resource Center CollaborationSigned(Note: This bill was not initiated by CCJJ, but included elements of a previousCCJJ recommendation and modified HB13-1129 related to FY13-EPIC1)Senate Bill 19-036State Court Administrator Reminder Program(Note: This bill was not initiated by CCJJ, but included elements of a previousCCJJ recommendation from Pretrial Release Task Force, FY19-PR10)2Signed

Section 2 Legislative Intent and Membership2Legislative intent and membershipThe Colorado Commission on Criminal and JuvenileCastillo Cohen from the Department of HumanJustice (“Commission”) was created by HouseServices, Janet Drake representing the AttorneyBill 07-1358 with specific mandates. These initialGeneral’s Office, Kristen Hilkey representing themandates may be found in §16-11.3-101 throughAdult Parole Board, Angie Paccione from the§16-11.3-105, C.R.S. and §24-1-128.6, C.R.S. TheDepartment of Higher Education, Tom RaynesCommission was re-authorized during the 2018representing the Colorado District Attorneys’legislative session by House Bill 2018-1287. MoreCouncil, Cliff Riedel with the 8th Judicial Districtinformation on the Commission enabling legislationAttorney’s Office, Megan Ring as the State Publicand statutory duties can be found on its website atDefender, Gretchen Russo representing the on.html.Parole Board, and Dean Williams with the ColoradoThe Commission comprises 29 voting membersDepartment of Department of Corrections.and one ex-officio, non-voting member. TwentyAdditionally, twelve new members have beenmembers are appointed representatives of specificappointed to the Commission: Shawn Daystakeholder groups, and ten are designated torepresenting municipalities, Julie Gonzales, Serenaserve based on their official position. Terms of theGonzales-Gutierrez and Matt Soper representingappointed members are for no more than twothe state legislature, Nancy Jackson representingconsecutive three-year terms, in addition to anycounties/county commissioners, William Kilpatrickpartial term.representing the Chiefs of Police Association,The Commission saw a significant turnoverin membership during Fiscal Year 2019. Ninedesignated members joined the Commission: MinnaRichard Kornfeld representing criminal defense,Andrew Matson representing the formerlyincarcerated, Greg Mauro occupying an at-largeposition, Jennifer Stith and Anne Tapp representing3

2019 Annual Report Colorado Commission on Criminal & Juvenile Justicevictim organizations, and Abigail TuckerDuring Fiscal Year 2019, Jennifer Bradford, Tonyrepresenting mental health treatment providers.Gherardini, Rose Rodriguez and Meg WilliamsDoug Wilson retired at the close of Fiscal Year 2018and leaving the Commission vice-chair positionvacant. At the October 2018 Commission meeting,members unanimously voted to assign Joe Thome,Director of the Division of Criminal Justice at theDepartment of Public Safety, to the position ofCommission Interim Vice-Chair until a permanentvice-chair could be appointed.4resigned from the Commission; Daniel Kagan,Cynthia Kowert, Joe Morales, Rick Raemisch, JosephSalazar, Lang Sias and Robert Werthwein reachedthe end of their terms. At the writing of this report,all positions at the Commission have been seated.

Section 3 Activities of the Commission3Activities of the CommissionThis section summarizes the activities andtrends. During Fiscal Year 2019, experts were broughtaccomplishments of the Commission in Fiscal Yearin to present eight topics discussed below.2019. The topics covered in this section includethe following:Crime and justice trends A summary of the educational presentationsDuring the 2019 Fiscal Year, Commissionersmade to the Commission regarding local andnational criminal justice initiatives and efforts, A description of a statutorily mandated trainingrequired by 2018 legislation for all Colorado’sBoards and Commissions, A report on the work undertaken by thereceived two in-depth presentations on crime andjustice trends by researchers from the Division ofCriminal Justice’s Office of Research and Statistics.The first presentation provided on September 2018discussed offense rates, court filings, competencyevaluations and restorations, and youth and adultcorrectional populations. In the spring of 2019, theCommission’s Task Forces and Subcommittees insecond presentation offered information on trendsFiscal Year 2019.and issues in criminal justice. The following is asummary of the presentation:Educational presentationsThe monthly Commission meetings provide a platformfor ongoing education and information sharing Colorado prisons are operating at capacity andthe prison population is projected to increasesignificantly;regarding local and national criminal justice issues and5

2019 Annual Report Colorado Commission on Criminal & Juvenile Justice Drug possession is the primary driver of asignificant increase in court filings, followed byfelony assaults; Methamphetamine appears to be the primarydrug involved, followed by heroin Substance abuse treatment works; Addicts are more likely to fail criminal justiceplacements;Financial bonds and pretrial releaseMr. Bo Zeerip is an assistant district attorney fromthe 21st Judicial District and a member of thePretrial Release Task Force. Mr. Zeerip providedCommissioners with an overview of financial bondsand pretrial release, providing a review of a varietyof initiatives by other states along with recentcase law that is relevant to the work of the PretrialRelease Task Force. The presence of Traumatic Brain Injury (TBI) iscommon in the justice population, and manyindividuals with TBI have substance use disorders; Professional training regarding the science ofaddiction must be translated into practice; Access to treatment, including medicationassisted treatment (MAT), must be greatlyexpanded in Colorado.Driving under the influence of drugs and alcoholin ColoradoIn 2017, the Colorado General Assembly enactedHouse Bill 17-1315 which mandated that theDivision of Criminal Justice (DCJ) collect and analyzespecific data regarding driving under the influenceof drugs and alcohol. This presentation, by Becky Buiof DCJ’s Office of Research and Statistics, providedinsight into the prevalence of drug-involved drivingby examining toxicology information associated withindividual DUI court cases.Pretrial services and assessment toolsMr. Greg Mauro is Director of Community Correctionsfor the City and County of Denver and a member ofthe Commission’s Pretrial Release Task Force. Mr.Mauro provided the Commission an overview ofpretrial services programs and the use of pretrial riskassessment tools. He discussed the national trends inpretrial reform, Colorado’s bail statute, the duties ofpretrial programs, pretrial programs in Colorado andpretrial risk assessment tools, including the ColoradoPretrial Assessment Tool (CPAT).6The Commission’s 2013 bond reform effortMs. English and Ms. Flick from DCJ’s Office ofResearch and Statistics presented information aboutthe impact of previous work by the Commission.The Commission produced significant work in thearea of bond reform in 2011, 2012 and 2013; thisresulted in legislative changes in 2013. Followingthe 2013 bond reform efforts, the use of personalrecognizance (PR) bonds for felony cases increasedfrom 12% to 21%. For misdemeanor cases the PRrate increased from 16% to 27%. However, therewas significant variation across counties in the useof PR bonds, and for some jurisdictions, such asDenver and Mesa Counties, the use of PR bondsincreased considerably.Council of State Governments (CSG): Improvingoutcomes for youth in ColoradoIn May of 2018, Governor Hickenlooper establishedthe Colorado Improving Outcomes for Youth(IOYouth) Task Force in partnership with CSGJustice Center. To inform the Commission of thework of the IOYouth Task Force, Adam Zarrin fromthe Governor’s Office and Nina Salomon fromCSG provided the Commission with an overviewof the OIYouth Task Force and its activities. TheIOYouth Task Force produced the followingrecommendations: Expand juvenile diversion programs in Coloradoand establish a statewide policy and guidelinesfor diversion.

Section 3 Activities of the Commission Develop clear criteria for detention-eligibility inorder to limit secure detention for juveniles whopose a risk of harm to others or risk of flight fromprosecution when community-based alternativesare insufficient to mitigate this risk. Target the Community Youth Development Studyhealth, reducing incarceration, maintaining publicsafety, and saving taxpayer dollars. At the conclusion of the Summit, the 2018 CourseCorrections participants declared that the Stateof Colorado is in the midst of a public healthcrisis and published a series of recommendations(CYDS) resources more efficiently by focusingconcerning childhood and youth, health care,resources on juveniles most at-risk in ordereducation, employment, housing, public safety,to reduce admissions to secure detention andjustice, corrections, reentry, and data.prevent over supervision in the community. Select and adopt a validated risk and needsassessment tool to inform court decision makingand establish policies to require and support theuse of the tool. Establish statewide standards for juvenileBehavioral healthMs. Doyle Forrestal, director of the ColoradoBehavioral Healthcare Council (CBHC), presentedan update on the implementation of Senate Bill17-207, Strengthen Colorado Behavioral Health Crisisprobation across Colorado that are aligned tosystem. Ms. Forrestal explained that the Mentalresearch-based policies and practices.Health/Jails Task Force of the Commission produced Improve the effectiveness of community-basedservices for youth on probation and parole. Expand the use of kinship care for juvenile justice-a recommendation that helped lay the groundworkfor the legislation, and the Commission’s fourlegislative representatives sponsored the bill. A maincomponent of Senate Bill 17-207 was to end theinvolved youth in detention and commitment anduse of jails for those in a mental health crisis whounder consideration for out-of-home placement.have not been charged with a crime. Ms. ForrestalThese recommendations were translated intolegislative language and a bill was introduced in the2019 legislative session.explained that the funding of 9,428,755 significantlybolstered the statewide Behavioral Health CrisisSystem and related services, including the following: Enhancing walk-in and crisis stabilization capacityColorado course correctionsMr. Atchity from the Equitas Project presented on itsinitiative, Colorado Course Corrections. Highlights ofthe presentation are provided below. In October 2018, experts and leaders in health,safety and criminal justice gathered for the CourseCorrections: Steps to Health and Justice Summit. The purpose of the Summit was as follows: a)To acknowledge Colorado’s urgent need foralternatives to incarceration and criminal justicesystem involvement for people living with mentalillness; b) To build consensus regarding whatcourse corrections are most urgently needed; andc) To provide recommendations for improvingand security; Co-locating facilities to streamline drop-offprocedures for law enforcement, includingdesignated law-enforcement entrances andincreased procedural education; Increasing partnerships with detox and otherhealthcare systems; Enhancing mobile response and transportationcapacity; Hiring regional crisis system coordinators tosupport law enforcement and other communitypartners; and Increasing staffing in crisis facilities.7

2019 Annual Report Colorado Commission on Criminal & Juvenile JusticeAt the conclusion of the Mental Health/Jails Task Force,screening, assessment, treatment, transitional casefour presentations were made to provide an update tomanagement care, recovery support funding, andthe Commission on legislative initiatives that began asmedication assisted treatment (MAT). On July 1, 2019,Commission recommendations from the Mental Health/Jails 18 million was allocated to expand JBBS from 45Task Force. The following summarizes these presentations.jails to all county jails. The intent is to expand theprogram to include pre-sentenced individuals, thoseSenate Bill 17-207 – Strengthen StatewideResponse to Behavioral Health CrisesMs. Jagruti Shaw from the Office of BehavioralHealth (OBH) in the Department of Human Servicesawaiting competency evaluations, and to increase theavailability of MAT.SB-18-251 – Court Liaison / Bridges Programexplained the components of Senate Bill 17-207.Ms. Jennifer Turner from the State CourtThe bill disallows the use of jails as a placementAdministrator’s Office (SCAO) provided informationoption for individuals placed on an emergencyon the Bridges Program was created by Senate Billmental health hold if they have not been charged18-251. This bill mandates SCAO to contract withwith a crime. It also enhances the ability ofbehavioral health organizations across Coloradoemergency departments to serve individuals whoto provide at least one court liaison in each of theare experiencing a behavioral health crisis. The billstate’s 22 judicial districts. The mission is to promoteprovided 7.1 million to the OBH to expand thepositive outcomes for individuals living with mentalcrisis system and better equip law enforcement tohealth conditions who become involved in therespond to individuals in a mental health crisis.justice system by fostering collaboration betweenthe criminal justice and mental health systems.Senate Bill 18-249 – Mental HealthDiversion ProgramMs. Kara Martin from the State CourtAdministrator’s Office, described this bill whic

Joe Pelle, Tom Raynes, Janet Drake and Megan Ring. The Commission thanks the leadership of the organizations of those who work on behalf of Commission initiatives for supporting these important activities. Finally, the Commission is particularly grateful to its consultant, Richard Stroker. Mr. Stroker assists