Court Business
| Jurisdiction | Colorado,United States |
| Citation | Vol. 39 No. 7 Pg. 125 |
| Pages | 125 |
| Publication year | 2010 |
2010, July, Pg. 125. Court Business
July 2010
Vol. 39, No. 7 [Page 125]
Visit the related Court's website for complete text of rule changes or proposed rule changes issued by the Court. Each Court's website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the Court and has not been edited by the staff of The Colorado Lawyer.
Colorado Supreme Court Rules Committee
Rule Change 2010(08)
Colorado Appellate Rules
Rule 4. Appeal as of Right-When Taken.
(a)-(c) [No change]
(d) Appeals of Cases in Which a Sentence of Death Has Been Imposed.
(1) [No change]
(2) Procedure. The procedure for pursuing appeals in cases in which a sentence of death has been imposed is as set forth in Rule 32.2 of the Colorado Rules of Criminal Procedure.
(3) [No change]
(e) [No change]
Amended by the Court, en banc, May 10, 2010, effective immediately.
By the Court:
Nancy E. Rice
Justice, Colorado Supreme Court
United States Court of Appeals for the Tenth Circuit
No. 95-01. In re Release of Oral Argument Recordings Order
Effective beginning the May 2010 argument term, it is the policy of this court to allow, upon compliance with the procedures outlined in this order, access to our oral argument recordings. Specifically, beginning with that term, parties or others seeking access to the recordings may file a motion with the court. The motion should address the reason or reasons for seeking access. Upon issuance of an order granting the request, the Clerk will be directed to forward the audio recording to the requesting party via e-mail. The form of the recordings are mp3 files.
As this policy requires a change to 10th Circuit Local Rule 34.1(E), we announce this new procedure on an interim basis. During the interim period, which shall extend through the remainder of calendar year 2010, interested parties are invited to comment on these procedures specifically and on the policy change more generally. Comments should be directed to the Clerk of Court care of the Byron White United States Courthouse, 1823 Stout St., Denver, CO 80257, or via e-mail to 10th_Circuit_clerk@ca10.uscourts.gov.
Entered for the Court:
Elisabeth A. Shumaker,
Clerk of Court
Colorado Judicial Department Chief Justice of the Supreme Court Directives
Notice of Availability
Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained by contacting the Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203.
Publication in The Colorado Lawyer
CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.
_______________
CJD 04-03
Establishment of Statewide Probation Priorities
Directive establishing statewide probation priorities and their relationship to judicial district management practices; defining the authority of the Supreme Court to issue standards and guidelines for the administration of probation services; establishing authority and scope of contract probation services; and defining the role and responsibilities of the probation program review process, and the creation of the Probation Advisory Committee.
Probation services in Colorado promote public safety through the delivery of four basic functions:
* Pre-sentence investigation services to the courts;
* Supervision and services to offenders based upon "risk of re-offending;"
* Victim notification and assistance; and
* Development of community programs in response to specific offender, community and victim needs.
Public safety concerns require that offender supervision resources be directed toward the highest risk offenders in the community. The State Court Administrator shall submit to the Supreme Court for approval standards and procedural guidelines for the administration of probation services, including any specialized programs mandated by the general assembly. Each district shall develop policies and procedures that assure the maximum efficiency and effectiveness of available probation resources. Such procedures shall emphasize compliance with established standards approved by the Supreme Court.
PART 1. Investigation Services
Investigation services shall be governed by the four levels of priority established in Table 1 below.
Allocation of appropriated investigation staff resources shall be based upon the priority order of services. Resource limitation may prevent a district from providing all priority one services, as well as lesser priority investigations. Districts may develop a plan, subject to policies established in this directive, to 1) modify the priorities when such modifications are determined necessary by the Chief Judge and/or 2) utilize contract probation services to provide supplemental support to probation officers in conducting priority two and three investigations. Such plans shall be submitted to the State Court Administrator's Office for review. The procedures for the use of contract probation services shall be as set forth in the Standards for Probation in Colorado.
All evaluations or pre-sentence investigations, ordered under this Part I, shall include the application of screening and assessment instruments developed by the State Court Administrator's Office.
A. District Court Investigations
District court investigation shall be provided in accordance with applicable law and the Standards for Probation in Colorado. Such standards provide for uniform assessment of offender risk, initial supervision planning and the evaluation of available sentencing options.
B. County Court Misdemeanor Investigations
Probation investigation resources are finite, limiting the availability of pre-sentence investigations in the county courts. In conjunction with the local probation department and other criminal justice agencies, the county courts may implement a screening and assessment procedure for priority 2 investigations, as set forth in the Standards for Probation in Colorado. Such a process shall assist the court in determining referrals to the district probation department or to a contract probation provider. The initial screening and assessment procedure shall be administered by the sentencing court.
C. Domestic Violence Screening and Assessment
Domestic violence cases shall be initially screened, utilizing the Standards for Probation in Colorado. Domestic violence cases determined by the court to be a high risk for re-offending may be referred to the probation department for further evaluation or pre-sentence investigation.
D. Victim Impact Statements
Victim Impact Statements shall be included in pre-sentence reports pursuant to C.R.S. 16-11102. Probation departments shall consider the victim impact statement when developing an initial supervision plan recommended to the court. Initial supervision recommendation should incorporate measures to assure victim safety, as set forth in the Standards for Probation in Colorado.
PART II. Supervision Services
Supervision of probationers shall be governed by the principle of "risk of re-offending." The level of supervision shall be established based upon the initial assessment and subsequent reassessments by the probation department. Probationers considered "high risk," irrespective of offense classification or court of sentence, shall receive priority services and be supervised in accordance with the Standards for Probation in Colorado. Given limited resources, non high-risk offenders, either felony or misdemeanor, and certain alcohol-related offenders may be supervised by use of contract probation services, or other alternative means, including, but not limited to, volunteer programs, administrative "banked" caseload approaches, kiosks, and other technical approaches.
PART III. Supplemental Contract Probation Services
As provided in C.R.S. 19-2-204(4)(a) and 18-1.3-202(2) districts may enter into agreements with public or private entities for the provision of probation services. Such agreements may be utilized for investigation services and the supervision of lower risk probationers except that, with approval of the sentencing court, cases involving an offender convicted of Driving Under the Influence, Driving While Ability Impaired, an offender meeting the statutory definition of "Persistent Drunk Driver" or any other case deemed appropriate by the sentencing court, may also be supervised by private probation instead of the district's Alcohol and Drug Driving Safety Program (ADDS). In the event an offender with an alcohol-related driving offense is supervised by private probation, the court shall sentence the offender to probation pursuant to C.R.S. 18-1.3-202 and 204. Adult offenders and offenders with alcohol-related driving offenses shall be ordered to pay supervision fees directly to the contract provider. For delinquency petitions under Title 19, juvenile offender services under this Part III shall be paid by the local probation department based upon available allocation. Procedures and contracting provision are set forth in the Standards for Probation in Colorado.
PART IV. Victim Notification and Victim...
To continue reading
Request your trial