Committee adopts amendment sending some child commercial sexual-activity probationers to county jail instead of mandatory DOC time

The Senate Committee on Appropriations unanimously adopted Senate Bill 15 as amended by L006 after sponsor Senator Roberts described the change to sentencing structure for the offense of purchasing sexual activity from a child.

Senator Roberts, the bill sponsor, said L006 "is removing the mandatory DOC sentence for the crime of commercial sexual activity with a child" and explained the measure "encourag[es] the courts to exercise their current discretion to sentence somebody... to the Department of Corrections. But if they... only give probation, then a condition of that probation shall be serving 364 days in a county jail."

Senator Kirkmeyer raised concerns about Department of Corrections capacity and fiscal notes, noting the committee had recently placed placeholder funding for DOC supplemental bed capacity. Roberts told the committee that roughly 100 convictions occur annually for this offense in Colorado and that about a third (roughly 13) currently receive probation only, which the amendment addresses.

Outcome: The committee adopted L006 and passed Senate Bill 15 as amended; the sponsor and several members recorded support in the roll call.