1996 Legislation in the Criminal Law Field

• Publication year: 1996
• Pages: 51
• Citation: Vol. 25 No. 8 Pg. 51

25 Colo.Law. 51 Colorado Lawyer 1996.

1996, August, Pg. 51. 1996 Legislation in the Criminal Law Field

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51

Vol. 25, No. 8, Pg. 51

1996 Legislation in the Criminal Law Field

by Phil Cherner

© 1996 Phil Cherner

The Colorado General Assembly's work is done for the 1995-96 session. However, for judges, prosecutors and defense attorneys, the job of learning and understanding the numerous changes to the criminal law statutes is just beginning. Not surprisingly, given the political climate surrounding the issue of youthful offenders, the delinquency provisions of the juvenile code were substantially revised. This article was written to alert criminal law practitioners to these significant statutory changes.(fn1)

Sentencing

H.B. 96-1117

This act increases the maximum fine that can be levied for violation of a county ordinance from $300 to $600.(fn2)

H.B. 96-1221

This act authorizes sentencing to a day reporting center in lieu of a county jail sentence for misdemeanors.(fn3) CRS § 17-27-102(3) was amended to include day reporting programs within the definition of a "community corrections program."

H.B. 96-1198

H.B. 96-1198 amends various restitution statutes. Generally, it makes restitution easier to collect and more onerous for the defendant. The act makes a number of parties judgment creditors of the defendant, including anyone to whom restitution could ordinarily be ordered. The state becomes a judgment creditor where the party to whom restitution is owed cannot be located. Any of these statutory creditors can enforce the restitution award in the same manner as a civil judgment. Money that is collected and remains unclaimed goes into the Victim and Witness Assistance Fund.

The act also created a new statute, CRS § 16-11-101.6, which provides for a late fee of $10 if restitution payments are not made on time, and a one-time $25 payment when restitution is paid over a period of time. The state is expressly authorized to use collection agencies, private counsel or other entities to collect unpaid restitution. In addition, the court can order an attachment of wages (up to 50 percent) for payment of past-due restitution. CRS § 16-11-101.6(5) provides that if the defendant is incarcerated in a state institution, the superintendent of that facility may fix the manner and time for payment of restitution.

CRS § 16-11-204.5 is amended to require that any restitution ordered as a condition of probation be paid within twelve months from the date of the order, regardless of the amount owed. Restitution not paid within that time may be collected through the means described above. The act also amends CRS § 16-11-204.5(2) by removing the court's authority to modify the amount of restitution as a result of nonpayment.

The parole statutes were similarly amended to provide that restitution must be paid while the inmate is on parole and may be collected by the above-described methods if not paid during that time.(fn4) The juvenile statutes in Title 19 were similarly amended.

H.B. 96-1196

This act creates a three-county pilot project such that mentally ill defendants who commit class 2 and 3 misdemeanors are given deferred judgments. Which counties will participate is yet to be determined. The intent is to divert such offenders from the county jails and place them in treatment. The programs are to be in place by the first of next year.

H.B. 96-1343

This act erects a mechanism to dispose of funds left at a halfway house if the offender escapes from the program. This is accomplished by requiring the inmate to execute a limited power of attorney. The act is effective July 1, 1996, and applies to placements in community facilities occurring on or after that date.

H.B. 96-1087

CRS §§ 18-1-105 and 16-11-101 are amended to overrule People v. Thompson(fn5) by prohibiting the imposition of a fine in lieu of a prison sentence in a case where the prison sentence would otherwise be mandatory. The fine may not be imposed in lieu of any period of incarceration for an offender who twice previously has been convicted of a felony.

The escape statutes(fn6) previously prohibited a suspended sentence on conviction. This act permits a suspended sentence if the court is sentencing a person to the Youth Offender System ("YOS"). This is in keeping with the YOS philosophy of a sentence to YOS coupled with...