The introduction of SB 118 directly impacts the administrative procedures of the Department of Corrections, as it outlines a requirement for prioritizing the treatment of high-risk sex offenders. The bill mandates that all eligible inmates must be offered and complete sex offender treatment during their time in custody, thus altering the longstanding provisions where some offenders might have been paroled without adequate treatment options. The legislation also expects the Department to evaluate inmates and position treatment capabilities to minimize wait times and ensure timely access to necessary services.
Summary
Senate Bill 118 aims to reform the current sentencing practices for sex offenders in Colorado, specifically targeting the indeterminate sentences that have been standard for certain types of offenses. This bill proposes to eliminate indeterminate prison sentences, except for those related to Colorado's Jessica's Law, replacing them with mandatory minimum determinate sentences. These will require offenders to serve at least 75% of their sentence before becoming eligible for parole, while also mandating that specific classes of sex offenders complete treatment either during incarceration or in the community.
Contention
Notable points of contention regarding SB 118 stem primarily from fears about public safety and the recidivism rates of sex offenders. Critics of the bill worry that transitioning to determinate sentences may lead to earlier releases without ensuring adequate treatment has been completed. Proponents argue that evidence shows many offenders can reintegrate successfully into society if provided the appropriate resources and therapy. There are concerns that without structured treatment protocols in place, the legislative change could inadvertently increase risk factors associated with recidivism.
Modifying how certain prior convictions are counted for the special sentencing rule related to possession of a controlled substance and providing concurrent or consecutive sentencing for persons convicted of new crimes while on release for a felony.
Department of Corrections; various provisions modified relating to data sharing, correctional officer use of deadly force, electronic filing of detainer, disclosure to victims of city and zip codes of offender after incarceration, disqualifying medical conditions, health care peer review committee, jail inspection data, medical director designee, Supervised Release Board, probation report date, and comprehensive community supervision and probation services.