June 24, 2017

Archives for February 2, 2017

Colorado Model Criminal Jury Instructions Committee Released 2017 Update Report

On Tuesday, January 31, 2017, the Colorado Supreme Court Model Criminal Jury Instructions Committee released its 2017 update report. The report details updates to the Model Criminal Jury Instructions for 2017, including those based on changes in case law from the U.S. Supreme Court, the Colorado Supreme Court, and the Colorado Court of Appeals. There were also changes to instructions based on non-final court of appeals decisions for which certiorari petitions are pending.

The Model Criminal Jury Instructions Committee advised in its update that although the committee intends to keep the jury instructions current by providing annual updates, the updates are not fully vetted by the committee and therefore will not necessarily be included in the official jury instructions. The committee further advised, “The Reporter’s summaries are purely descriptive; they do not include recommendations for how (or whether) to draft jury instructions based on the authorities that are summarized.”

For the full text of the committee’s 2017 update, click here. For the Colorado Jury Instructions for Criminal Trials, click here.

SB 17-021: Establishing a Program for Support of Mentally Ill Persons when Released from Department of Corrections

On January 11, 2017, Sen. Beth Humenik and Rep. Jonathan Singer introduced SB 17-021, “Concerning Reentry Services for Persons with Mental Illness in the Criminal Justice System, and, in Connection Therewith, Making an Appropriation.”

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems.

The bill directs the division of housing in the department of local affairs to establish a program to provide vouchers and supportive services to persons with a mental illness who are being released from the department of corrections (DOC) or jails. The program is funded by general fund appropriations and from money unspent by the division of criminal justice (CDPS) for community corrections programs in the previous fiscal year.

The bill directs the behavioral health unit in the department of human services, in conjunction with the DOC, to implement reentry programs to assist persons with a mental illness who are transitioning from incarceration. If necessary, the programs may receive money from the community corrections appropriation to CDPS.

The bill appropriates $2.7 million to the department of local affairs.

The bill was introduced in the Senate and assigned to the Judiciary Committee. It is scheduled for hearing in committee on February 15 at 1:30 p.m.

SB 17-010: Revising the Habitual Criminal Sentencing Statutes

On January 11, 2017, Sen. Daniel Kagan introduced SB 17-010, “Concerning the Identification of Habitual Criminals for Sentencing Purposes.”

Current law provides that, with certain exceptions, every person convicted of any class 1, 2, 3, 4, or 5 felony or level 1, 2, or 3 drug felony who, within 10 years of the date of the commission of the felony, has been twice previously convicted of a felony or a crime which, if committed within this state, would be a felony is an habitual criminal and shall receive an aggravated sentence. The bill states that:

  • A conviction for any class 4, 5, or 6 felony may not be used for the purpose of adjudicating a person as an habitual criminal unless the conviction was for a crime of violence; and
  • A conviction for any level 2, 3, or 4 drug felony may not be used for the purpose of adjudicating a person as an habitual criminal.

The bill was introduced in the Senate and assigned to the Judiciary Committee. It is scheduled for hearing in committee on February 1, 2017, at 1:30 p.m.

Colorado Court of Appeals: Announcement Sheet, 2/2/2017

On Thursday, February 2, 2017, the Colorado Court of Appeals issued no published opinion and 26 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 2/1/2017

On Wednesday, February 1, 2017, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

United States v. Fletcher

United States v. McGuire

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.