CANON CITY, Co., Is common sense criminal justice legislation finally making its way to Colorado? With the progression of HB 1421 and HB 1364 this legislative session, there is reason for cautious optimism.
HB 1421 calls for closing one of 11 identified state prisons by November 1, 2010. Most of the prisons designated for possible closing by the legislature are located in southern Colorado. The purpose of the bill is to help reduce next year's looming budget deficit. The prison closing is estimated to save the state between $7-10 million a year. According to the bill, a portion of that savings would be designated to fund staffing and enlisting inmate treatment programs.
The meteoric rise of HB 1421 raises an interesting question, could the bills purposed increase in treatment funding be an attempt by CDOC to circumvent the pending DOCCA law suit? There does seem to be a sense of urgency in the increased Phase I treatment that was not seen in CDOC just a year ago.
As positive as any proposed prison closing is in Colorado, the bill does highlight a lack of consistent state prison policy. Just last month Ari Zavaras the state prison czar, made an impassioned plea to the legislature for $10 million to open the $165 million new CSP 11 this summer. CDOC seems to be reducing its medium security capacity while increasing the number of beds in the more expensive maximum security prisons. Colorado already has more inmates (5 percent) in segregation than the national average (1-2 percent). Is the $7-10 million savings really going to go to treatment programs and reducing the prison population: or will the money be used to run CSP 11 and increase the state's staggering inmate population? As anyone in CDOC will tell you there is no such thing as an empty prison, keep an eye on how CDOC implements this bill.
In another positive move for Colorado, HB 1364 seeks to reform sex offender treatment, bringing the state closer to humane practices already used throughout most of the country. The crux of the bill is in changing the wording of the current law that affirms there is no cure for sex offenders.'' The no cure methodology is contrary to current studies and ensures sex offenders are subjected to oppressive sentences, treatment, and monitoring practices for life -- despite the nature of the crime or assessed risk to society. According to Dr. Michael Miner of the University of Minnesota, who testified before the House Judiciary Committee in support of HB 1364, Colorado currently has one of the most repressive sex offender policies in the nation.
Unfortunately, the no cure debate is not over, the bill still has to pass the Senate, and the replacement words for "no cure" continue to get tinkered with by lawmakers. To complicate reassures, Greg Veeter owner/operator of a Denver based sex offender treatment center, and leader of the bill's opposition, has pledged to keep treasure and public opinion on the legislature to put the draconian ''no cure" language back into the bill.
Both HB 1421 and HB 1364 could bring progressive humane change to Colorado's prison industry, but reformers are not out of the woofs yet. Supporters of change have to continue to lobby the legislature until the bills are passed, and the law suit must move forward to keep treasure on CDOC to do the right thing and follow the laws enacted by the legislature. Without continued treasure Colorado could see both bills short of their potential.
If you would like to make a contribution to the DOCCA law suit to end lifetime prison sentences for nonviolent sex offenses, contact Annie Wallen, Executive Director, AFC P.O. Box 441656, Aurora, CO 80044.
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