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Issue Briefs

Competency for Criminal Trial in Colorado

Competency to stand trial, refers to the constitutional requirement that people facing criminal charges must be able to assist in their own defense. A criminal case cannot be adjudicated unless this requirement is met. The U.S. Supreme Court considers an individual competent to stand trial if they are rationally able to consult with an attorney and hold a clear understanding of the charges against them. 1 1Dusky v. United States, 362 U.S.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Commutations and Pardons (2023)

This issue brief outlines the commutation and pardon authority of the Governor and state legislature in Colorado. It provides an overview of the application process to seek clemency for a crime, and data on the number of pardons and commutations since 2017.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement

Issue Briefs

Victim Compensation and Assistance Funding

Crime victim support services and programs have been funded by federal and state governments since the 1980s. In recent years, the revenue stream for these services has decreased significantly. This issue brief provides background on victim compensation and victim assistance funding and gives an update on recent changes to funding for these programs.  

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement

Issue Briefs

Extreme Risk Protection Orders (19-08)

This issue brief provides an overview of extreme risk protection orders, including what they are, how they are used, and how Colorado's proposed law compares to other states.  It also addresses other types of protection orders authorized in Colorado law.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Overview of Community Corrections (19-03)

Community corrections programs serve as an alternative to prison or as a transition for individuals in prison to reenter society.  This issue brief provides a general overview of community corrections.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement


Issue Briefs

Statutes of Limitations for Criminal Offenses (18-18)

A statute of limitations is a law that specifies the maximum length of time allowed for a victim or prosecutor to initiate legal proceedings.  Such a statute may apply in either criminal or civil cases. This issue brief provides an overview of criminal statutes of limitations, including exceptions, recent changes to sex crime prosecution time frames, and laws specific to Colorado. 

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Civil Asset Forfeiture

Recent federal policy changes have increased public awareness of asset forfeiture, a process through which a law enforcement agency can seize property that may have been involved in a criminal action.  While federal policy affects federal seizures in the state, Colorado law governs how state and local agencies participate in seizure actions.  This issue brief summarizes Colorado and federal civil asset forfeiture laws.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement

Issue Briefs

Driving Distracted Laws in Colorado

The rise in distracted driving, often associated with ever-present smart phones and mobile devices, has been identified as a cause and contributing factor to automobile crashes. This issue brief gives an overview of state and federal regulations on the issue.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement
  • Transportation & Motor Vehicles

Issue Briefs

Civil Asset Forfeiture Laws

Recent federal policy changes have increased public awareness of asset forfeiture, a  process  through  which  a  law  enforcement agency can seize property that may have been involved  in  a  criminal  action.  

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement


Issue Briefs

Driving Under the Influence of Drugs or Alcohol (2016)

This issue brief discusses the various offenses related to driving under the influence of drugs or alcohol in Colorado, and their associated criminal and administrative penalties.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement
  • Liquor, Tobacco, & Marijuana
  • Transportation & Motor Vehicles

Issue Briefs

Colorado's DNA Laws (2015)

State legislatures have emphasized the importance of collecting deoxyribonucleic acid (DNA) to solve crimes. This issue brief describes legislative efforts, both in Colorado and across the country, to mandate that individuals convicted of or arrested for a crime submit a DNA sample for entry into the national DNA database.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Crimes, Corrections, & Enforcement