Colorado Gov issues big executive order to address the impact of coronavirus on criminal justice administration

As reported in this local article, the "signing of two new executive orders by Gov. Jared Polis to combat coronavirus were announced Thursday [including] one to limit COVID-19 in prisons." Here are the basics:

Executive order D 2020 016 concerns “protocol for state prisons and community corrections facilities,” the release said.  Directives of the order include:

  • Colorado Department of Corrections can temporarily limit the amount of prisoners it accepts, based on certain criteria, keeping offenders in pre-transfer facilities.
  • DOC can award “earned time credits” to reduce the current prison population.
  • Qualifying inmates can be referred to a “Special Needs Parole” program.
  • A $17 daily subsistence payment required from community corrections clients will be suspended.

“The potential spread of COVID-19 in facilities and prisons poses a significant threat to prisoners and staff who work in facilities and prisons, as well as the communities to which incarcerated persons will return,” the release said.

The governor’s order also calls for making 650 beds available in the DOC’s East Cañon Complex, Cañon City, to “house persons of mixed classification for operational needs related to the COVID-19 outbreak.”

Rep. Leslie Herod, a Denver Democrat who has worked extensively on prison issues, supports the order. “The Executive Order is a critical recognition that something needs to be done to contain COVID-19 in our prisons and community corrections. The virus will strike there, as it will all of our communities, and I’m encouraged that the governor recognizes this fact and is taking important steps to contain its spread,” Herod said. “This is vital and I support it. We must keep offenders and our correctional officers safe and as healthy as possible.”

Dean Williams, executive director of CDOC, also applauded and supports the order. “This Executive Order from the Governor allows us to pursue potential options to manage our prison population without jeopardizing safety during this crisis,” Williams said in a statement. “We will be working diligently over the coming days and weeks to put into action the directives from the order in a thoughtful and measured way.”

Though I am not familiar enough with Colorado law to assess all the particulars of this executive order, which is titled "Temporarily Suspending Certain Regulatory Statutes Concerning Criminal Justice," I am familiar enough with the challenges that COVID is creating that I can praise Gov Polis for being proactive in this arena. 

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