Special Report

January 30, 2019

Drug Felony Filings Continue to Increase in

Colorado, Driving Up State Prison Budget
With prisons nearly full and the Department of Corrections budget closing
in on $1 billion, most Coloradans want the state to seek alternatives to
incarceration — including reducing the penalties for simple drug possession

Colorado’s prison budget has steadily increased over the past several years, and it will soon
exceed $1 billion for the first time in history if the state does not change course. More than
$900 million has been appropriated to the Department of Corrections for FY 2019 — an
increase of more than 25% since FY 2012.

An analysis of state court and prison data finds Colorado’s war on drugs is a major driver of
the state’s prison population and, consequently, its prison budget. Possession of any
amount of Schedule I or II drugs, such as cocaine, methamphetamine, and heroin
— including trace amounts detected in paraphernalia — carry felony penalties that can
result in a prison sentence.

Despite efforts by the Colorado General Assembly to reduce the number of individuals
being sentenced to prison for low-level drug offenses — particularly Senate Bill 13-250 in
2013 — drug felony filings have increased sharply across Colorado in recent years, the vast
majority of which have been for simple possession. Drug felony filings have more than
doubled since 2012, and they increased 8% in 2018, accounting for 30% of total felony
filings in the state. When the Legislature enacted Senate Bill 13-250, it intended to
comprehensively reform state drug laws in order to reserve prison beds for high-level
dealers while diverting individuals charged with possession to treatment and community
supervision. Six years later, it is clear that it did not go far enough.

With Colorado prisons nearing capacity, lawmakers must decide whether to open another
prison — and continue adding to the state’s nearly $1 billon prison budget — or pursue
ways of safely reducing the prison population. A strong majority of Colorado voters support
the latter, according to a statewide survey conducted this month by Public Policy Polling.

This is a complex issue, but there are some simple actions the General Assembly could take
this session to produce immediate and long-term benefits. Specifically, it could alleviate the
upward pressure drug felony filings are placing on the state’s prison population by reducing
the penalty for simple drug possession from a felony to a misdemeanor — a proposal that
most Coloradans would prefer over opening another prison, according to the PPP survey.
The Legislature could also move more aggressively to develop strategies that support
recovery and stability and address current gaps in treatment access and affordable housing.
 Colorado Survey Results

The survey of 695 registered Colorado voters was conducted January 18-20, 2019, by Public
Policy Polling and has a margin of error of ± 3.7%.

Two out of three Colorado voters

(67%) think the Legislature should
focus on reducing the prison
population instead of of spending
additional funds to open another
prison. Only 21% think the state
should open another prison.

When it comes to addressing issues

related to drug use, four out of five
Colorado voters (79%) agree the state
should focus more on prevention and
treatment and less on incarceration
and punishment. Fifty-seven percent
“strongly agree,” while only 9%
“strongly disagree.”

When it comes to addressing prison

overcrowding, 63% of Colorado
voters think the Legislature should
reduce the prison population by
lowering the penalty for simple drug
possession, rather than opening
another prison. Only 25% would
prefer the state open another prison,
while the rest were not sure.

See pages 29-33 for the full survey results, including demographics and crosstabs.

Colorado Criminal Justice Reform Coalition 2

 Drug Felony Case Filings in Colorado: FY 2012-FY 20181-2

2012 2013 2014 2015 2016 2017 2018

7,424 8,636 9,303 10,791 12,956 15,323 16,547

Colorado Department of Corrections Budget (in Millions):

FY 2012-FY 20193-4

2012 2013 2014 2015 2016 2017 2018 2019

$720.1 $744.3 $744.4 $782.6 $818.4 $821.6 $864.7 $907.1

2012-2017 = Actual 2018-2019 = Appropriated

Drug Felony Case Filings in Colorado and Department

of Corrections Budget (in Millions): FY 2012-FY 20191-4

$900
16,000 $900 The number of drug felony
cases filed in Colorado
courts increased 8% in
$800 2018. Annual drug felony
12,000 $800 filings have more than
doubled since 2012,
increasing 123%.1-2
8,000 $700
$700
The increase in drug felony
case filings in Colorado from
$600
2012-2018 is correlated
4,000 $600
2012 2013 2014 2015 2016 2017 2018 2019 with significant growth in
the state’s prison budget.
Drug Felony Case Filings Dept. of Corrections Budget

Colorado Criminal Justice Reform Coalition 3

 Increase in Annual Drug Felony Case Filings in Colorado,
Statewide and Per Judicial District: 2018 Compared to 20121

0% 50% 100% 150% 200% 250% 300%

Statewide 123%
Judicial District 1 154%
Judicial District 2 137%
Judicial District 3 121%
Judicial District 4 111%
Judicial District 5 10%
Judicial District 6 25%
Judicial District 7 197%
Judicial District 8 192%
Judicial District 9 95%
Judicial District 10 108%
Judicial District 11 66%
Judicial District 12 187%
Judicial District 13 86%
Judicial District 14 92%
Judicial District 15 140%
Judicial District 16 …447%
447%
Judicial District 17 117%
Judicial District 18 110%
Judicial District 19 169%
Judicial District 20 53%
Judicial District 21 132%
Judicial District 22 120%

> 200%

151%-200%

101%-150%

50%-100%

< 50%

See pages 6-27 for individual district profiles.

Colorado Criminal Justice Reform Coalition 4

 Drug Felony Case Filings as a Proportion of Total Felony
Case Filings in Colorado: 2018 Compared to 20122

In 2018, drug felony

filings accounted for
30% 30% of total felony
21%
filings in Colorado,
2018 2012 compared to 21% in 2012.
They accounted for at
least one-quarter of all
felony filings in 17 of the
state’s 22 judicial districts
and one-third or more in
Drug Felony Filings Other Felony Filings six of those districts.2

After drugs, the next most

See pages 6-27 for individual judicial district profiles. frequent type of offense
for which felony charges
were filed in 2018 was
theft, which accounted for
Drug Felony Case Filings in Colorado, 11% of total felony filings.2
by Type of Offense: CY 20175

The vast majority of drug

5% 14% felony filings are for
possession alone. Of the
5% drug felony cases filed in
Colorado in 2017, three
1% out of four were for
possession.5
75% Of the people sentenced to
prison for drug possession
in CY 2017, 84% were
originally charged only
with possession (i.e. they
Possession Distribution Other did not plead down
to possession from
Marijuana Special Offender distribution).6

See page 34 for an overview of Colorado drug crime classifications and penalties.

Colorado Criminal Justice Reform Coalition 5

 1st Judicial District
Counties: Gilpin, Jefferson

Drug Felony Case Filings: FY 2012-FY 20181-2

1,689
1,600
1,366
The number of drug
1,166 felony cases filed in
1,200 Colorado’s 1st Judicial
985
879 District increased 24%
758 in 2018. The district has
800 665 experienced a 154%
increase since 2012.1-2
400

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

Drug felony filings

accounted for 33% of
33% total felony filings in
2018, compared to 19%
in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 6

 2nd Judicial District
Counties: Denver

Drug Felony Case Filings: FY 2012-FY 20181-2

2,676 2,778
2,800

2,220 The number of drug

2,100 1,869
1,942 felony cases filed in
Colorado’s 2nd Judicial
1,632
District increased 4%
1,400 in 2018. The district has
1,172
experienced a 137%
increase since 2012.1-2
700

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 41% of total
felony filings, compared to
41% 29% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 7

 3rd Judicial District
Counties: Huerfano, Las Animas

Drug Felony Case Filings: FY 2012-FY 20181-2

160 146

The number of drug

120 felony cases filed in
Colorado’s 3rd Judicial
92
83 87 District increased 87%
78
80 in 2018. The district has
66
experienced a 121%
50 increase since 2012.
40

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 29% of total
29% felony filings, compared to
16% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 8

 4th Judicial District
Counties: El Paso, Teller

Drug Felony Case Filings: FY 2012-FY 20181-2

1,730
1,609
1,600
1,420
1,286 The number of drug
felony cases filed in
1,200 Colorado’s 4th Judicial
968
District increased 8%
819 812 in 2018. The district has
800
experienced a 111%
increase since 2012.
400

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

23% accounted for 23% of total
felony filings, compared to
17% in 2012.

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 9

 5th Judicial District
Counties: Clear Creek, Eagle, Lake, Summit

Drug Felony Case Filings: FY 2012-FY 20181-2

216
196 197
200 188
The number of drug
156
149 felony cases filed in
150 135 Colorado’s 5th Judicial
District increased 10%
in 2018. The district has
100 experienced a 10%
increase since 2012.
50

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony

22% filings accounted for 22%
of total felony filings. They
accounted for 27% of total
felony filings in 2012.

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 10

 6th Judicial District
Counties: Archuleta, La Plata, San Juan

Drug Felony Case Filings: FY 2012-FY 20181-2

132
122
116
120 111 The number of drug
106
felony cases filed in
86 Colorado’s 6th Judicial
90
74 District increased 19%
in 2018. The district has
60 experienced a 25%
increase since 2012.

30

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

16% In 2018, drug felony

filings accounted for 16%
of total felony filings. They
accounted for 16% of total
felony filings in 2012, as
well.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 11

 7th Judicial District
Counties: Delta, Gunnison, Hinsdale,
Montrose, Ouray, San Miguel

Drug Felony Case Filings: FY 2012-FY 20181-2

318
300 284

The number of drug

felony cases filed in
225 197 Colorado’s 7th Judicial
182
District increased 12%
149
140 in 2018. The district has
150
107
experienced a 197%
increase since 2012.
75

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 2018

In 2018, drug felony filings

accounted for 30% of total
30% felony filings, compared to
17% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 12

 8th Judicial District
Counties: Jackson, Larimer

Drug Felony Case Filings: FY 2012-FY 20181-2

1,200 1,128
1,024
The number of drug
900 felony cases filed in
710
Colorado’s 8th Judicial
District increased 10%
600 in 2018. The district has
473 499
452 experienced a 192%
386
increase since 2012.
300

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 2018

In 2018, drug felony filings

accounted for 34% of total
34% felony filings, compared to
20% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 13

 9th Judicial District
Counties: Garfield, Pitkin, Rio Blanco

Drug Felony Case Filings: FY 2012-FY 20181-2

228 240
240

The number of drug

180 168
161
felony cases filed in
Colorado’s 9th Judicial
136 137
123 District increased 5%
120 in 2018. The district has
experienced a 95%
increase since 2012.
60

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 29% of total
29% felony filings, compared to
19% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 14

 10th Judicial District
Counties: Pueblo

Drug Felony Case Filings: FY 2012-FY 20181-2

700
631 632
597
The number of drug
525 felony cases filed in
418 Colorado’s 10th Judicial
366 District increased 6%
350 304 301 in 2018. The district has
experienced a 108%
increase since 2012.
175

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

23% accounted for 23% of total
felony filings, compared to
16% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 15

 11th Judicial District
Counties: Chaffee, Custer, Fremont, Park

Drug Felony Case Filings: FY 2012-FY 20181-2

500
451

The number of drug

375 352 felony cases filed in
Colorado’s 11th Judicial
267 District decreased 41%
250 in 2018. The district has
203
experienced a 66%
161 164
136 increase since 2012.
125

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony

23% filings accounted for 23%
of total felony filings, They
accounted for 25% of total
felony filings in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 16

 12th Judicial District
Counties: Alamosa, Conejos, Costilla,
Mineral, Rio Grande, Saguache

Drug Felony Case Filings: FY 2012-FY 20181-2

400
336
316 The number of drug
300 280 felony cases filed in
Colorado’s 12th Judicial
District decreased 6%
200 in 2018. The district has
165
experienced a 187%
110 increase since 2012.
100 99
100

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 28% of total
28% felony filings, compared to
15% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 17

 13th Judicial District
Counties: Kit Carson, Logan, Morgan, Phillips
Sedgwick, Washington, Yuma

Drug Felony Case Filings: FY 2012-FY 20181-2

320

300 The number of drug

247 felony cases filed in
220
208 Colorado’s 13th Judicial
225 197
District increased 30%
172
in 2018. The district has
140
150 experienced an 86%
increase since 2012.

75

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 26% of total
26% felony filings, compared to
24% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 18

 14th Judicial District
Counties: Grand, Moffat, Routt

Drug Felony Case Filings: FY 2012-FY 20181-2

199
200 188
167 The number of drug
felony cases filed in
150
Colorado’s 14th Judicial
120 118
District decreased 6%
98 in 2018. The district has
100 86
experienced a 92%
increase since 2012.
50

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 31% of total
31% felony filings, compared to
21% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 19

 15th Judicial District
Counties: Baca, Cheyenne, Kiowa, Prowers

Drug Felony Case Filings: FY 2012-FY 20181-2

127

120 113
101 101 The number of drug
94
felony cases filed in
90 Colorado’s 15th Judicial
District increased 26%
56 in 2018. The district has
60 53
experienced a 140%
increase since 2012.
30

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 36% of total
36% felony filings, compared to
23% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 20

 16th Judicial District
Counties: Bent, Crowley, Otero

Drug Felony Case Filings: FY 2012-FY 20181-2

200 186

The number of drug

147
150 felony cases filed in
121 Colorado’s 16th Judicial
107 District increased 54%
100 in 2018. The district has
experienced a 447%
increase since 2012.
50 40
34
27

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 29% of total
29% felony filings, compared to
11% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 21

 17th Judicial District
Counties: Adams, Broomfield

Drug Felony Case Filings: FY 2012-FY 20181-2

2,000 1,857

1,639
The number of drug
1,500 1,390 felony cases filed in
Colorado’s 17th Judicial
1,164
1,043 1,058 District increased 13%
1,000 855
in 2018. The district has
experienced a 117%
increase since 2012.
500

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 32% of total
32% felony filings, compared to
23% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 22

 18th Judicial District
Counties: Arapahoe, Douglas, Elbert, Lincoln

Drug Felony Case Filings: FY 2012-FY 20181-2

1,681
1,608
1,600
1,421 The number of drug
1,288 felony cases filed in
1,200 Colorado’s 18th Judicial
1,009
982 District decreased 4%
764
in 2018. The district has
800 experienced a 110%
increase since 2012.
400

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 30% of total
30% felony filings, compared to
21% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 23

 19th Judicial District
Counties: Weld

Drug Felony Case Filings: FY 2012-FY 20181-2

1,020
1,000
851 The number of drug
772 felony cases filed in
750 684 Colorado’s 19th Judicial
563 District increased 20%
528
in 2018. The district has
500 experienced a 169%
379
increase since 2012.
250

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 33% of total
33% felony filings, compared to
19% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 24

 20th Judicial District
Counties: Boulder

Drug Felony Case Filings: FY 2012-FY 20181-2

604 624
600
The number of drug
455 felony cases filed in
450 409 402 405
369
Colorado’s 20th Judicial
District increased 3%
in 2018. The district has
300
experienced a 53%
increase since 2012.
150

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

23% accounted for 23% of total
felony filings, compared to
20% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 25

 21st Judicial District
Counties: Mesa

Drug Felony Case Filings: FY 2012-FY 20181-2

1,000
895
806
The number of drug
750 701 felony cases filed in
Colorado’s 21st Judicial
525 District increased 11%
500 427 438 in 2018. The district has
386 experienced a 132%
increase since 2012.
250

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 36% of total
felony filings, compared to
36%
26% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 26

 22nd Judicial District
Counties: Dolores, Montezuma

Drug Felony Case Filings: FY 2012-FY 20181-2

130
117
120 110
The number of drug
felony cases filed in
90 Colorado’s 22nd Judicial
District increased 11%
59 in 2018. The district has
60
44
experienced a 120%
34
39 increase since 2012.
30

0
2012 2013 2014 2015 2016 2017 2018

Drug Felony Filings as a Proportion of Total

Felony Filings: 20182

In 2018, drug felony filings

accounted for 29% of total
29% felony filings, compared to
18% in 2012.1-2

Drug Felony Filings Other Felony Filings

Colorado Criminal Justice Reform Coalition 27

Sources
1 Analysis of Felony Drug Filings By Judicial District, prepared by the Office of the Colorado
State Public Defender (2018)

2 Annual Statistical Report: Fiscal Year 2018, Colorado Judicial Branch

3 Staff Budget Briefings: Department of Corrections, FY 2012-FY 2019, Colorado General

Assembly Joint Budget Committee
4 Appropriations Report Fiscal Year 2018-19, Colorado General Assembly Joint Budget
Committee 

5 Court records extracted from the Colorado Judicial Branch’s Integrated Colorado Online
Network (ICON) information management system via the Colorado Justice Analytics
Support System (CJASS) and analyzed by the Division of Criminal Justice/ORS (February
16, 2018). Excludes Denver County Court data.

6 Data Prepared for the Prison Population and Capacity Needs Working Group, Colorado
Division of Criminal Justice (March 8, 2018)

1212 Mariposa St. #6, Denver, CO 80204

(303) 825-0122, info@ccjrc.org, CCJRC.org

28
 Appendix A

Colorado Survey Results

Q1 I have a few questions for you today about
prison spending and drug policy in Colorado.
The first is about prison spending. Colorado
prisons are nearly full and the Legislature must
decide whether to spend $30 million to open
another prison or pursue alternatives to
incarceration and other ways to safely reduce
the prison population. Do you think the
Legislature should spend $30 million to open
another prison, or focus on reducing the prison
population?
Think the Legislature should spend $30
million to open another prison........................ 21%
Think the Legislature should focus on
reducing the prison population ...................... 67%
Not sure ....................................................... 12%
Q2 Now I would like to ask you some questions
about drug policy in Colorado. Do you strongly
agree, somewhat agree, somewhat disagree or
strongly disagree with the following statement:
When it comes to addressing issues related to
drug use, Colorado should focus more on
prevention and treatment and less on
incarceration and punishment.
Q4 If you are a woman, press 1. If a man, press 2.
Woman ........................................................ 53%
Man.............................................................. 47%
Q5 If you are a Democrat, press 1. If a
Republican, press 2. If an independent, press
3.
Democrat ..................................................... 43%
Republican ................................................... 33%
Independent ................................................. 25%
Q6 If you are Hispanic or Latino, press 1. If white,
press 2. If other, press 3.
Hispanic / Latino ........................................... 14%
White ........................................................... 79%
Other............................................................ 7%
Q7 If you are 18 to 29 years old, press 1. If 30 to
45, press 2. If 46 to 65, press 3. If you are
older than 65, press 4.
18 to 29........................................................ 14%
30 to 45........................................................ 21%

Strongly agree.............................................. 57% 46 to 65........................................................ 38%

Somewhat agree .......................................... 22% Older than 65 ............................................... 27%

Somewhat disagree...................................... 8%
Q8 Mode

Strongly disagree.......................................... 9% Phone .......................................................... 60%

Not sure ....................................................... 4% Internet......................................................... 40%

Q3 When it comes to reducing prison

overcrowding in Colorado, do you think the
Legislature should open another prison, or
reduce the prison population by lowering the
penalty for simple drug possession?
Think the Legislature should open another
prison ........................................................... 25%
Think the Legislature should reduce the
prison population by lowering the penalty for
simple drug possession................................. 63%
Not sure ....................................................... 13%

January 18-20, 2019 3020 Highwoods Blvd.

Survey of 695 Colorado voters Raleigh, NC 27604
information@publicpolicypolling.com / 888 621-6988

Colorado Criminal Justice Reform Coalition 29

 Gender Gender
Base Woman Man Base Woman Man
Prison Spending: Statement: Colorado
Open Another Prison / Should Focus More on
Focus on Reducing Prevention and
Prison Population Treatment
Agree/Disagree
Think the Legislature 21% 17% 26%
should spend $30 Strongly agree 57% 56% 58%
million to open
another prison Somewhat agree 22% 26% 18%

Think the Legislature 67% 68% 65% Somewhat disagree 8% 9% 7%

should focus on Strongly disagree 9% 6% 14%
reducing the prison
population Not sure 4% 4% 3%
Not sure 12% 15% 9%

Gender Party

Base Woman Man Base Democrat Republican Independent

Reducing Prison Prison Spending:

Overcrowding: Open Open Another Prison /
Focus on Reducing
Another Prison / Lower
Prison Population
Penalty for Simple
Drug Possession Think the Legislature 21% 11% 30% 28%
should spend $30
Think the Legislature 25% 20% 29% million to open
should open another another prison
prison
Think the Legislature 67% 80% 55% 60%
Think the Legislature 63% 66% 59% should focus on
should reduce the reducing the prison
prison population by population
lowering the penalty Not sure 12% 9% 15% 12%
for simple drug
possession
Not sure 13% 14% 11%

January 18-20, 2019 3020 Highwoods Blvd.

survey of 695 Colorado voters Raleigh, NC 27604
information@publicpolicypolling.com / 888 621-6988

Colorado Criminal Justice Reform Coalition 30

 Party Party
Base Democrat Republican Independent Base Democrat Republican Independent
Statement: Colorado Reducing Prison
Should Focus More on Overcrowding: Open
Prevention and Another Prison / Lower
Treatment Penalty for Simple
Agree/Disagree Drug Possession
Strongly agree 57% 73% 40% 51% Think the Legislature 25% 12% 38% 27%
should open another
Somewhat agree 22% 15% 29% 25%
prison
Somewhat disagree 8% 4% 7% 16% Think the Legislature 63% 76% 45% 63%
Strongly disagree 9% 3% 19% 7% should reduce the
prison population by
Not sure 4% 4% 5% 2% lowering the penalty
for simple drug
possession
Not sure 13% 12% 16% 10%

Race Race
Hispanic Hispanic
Base / Latino White Other Base / Latino White Other
Prison Spending: Statement: Colorado
Open Another Prison / Should Focus More on
Focus on Reducing Prevention and
Prison Population Treatment
Agree/Disagree
Think the Legislature 21% 15% 23% 16%
should spend $30 Strongly agree 57% 63% 57% 45%
million to open
another prison Somewhat agree 22% 27% 20% 33%

Think the Legislature 67% 71% 66% 66% Somewhat disagree 8% 5% 8% 10%
should focus on Strongly disagree 9% 1% 11% 6%
reducing the prison
population Not sure 4% 3% 4% 6%
Not sure 12% 13% 11% 18%

January 18-20, 2019 3020 Highwoods Blvd.

survey of 695 Colorado voters Raleigh, NC 27604
information@publicpolicypolling.com / 888 621-6988

Colorado Criminal Justice Reform Coalition 31

 Race Age
Hispanic 18 to 30 to 46 to Older
Base / Latino White Other Base 29 45 65 than 65
Reducing Prison Prison Spending:
Overcrowding: Open Open Another Prison /
Another Prison / Lower Focus on Reducing
Penalty for Simple Prison Population
Drug Possession
Think the Legislature 21% 10% 23% 27% 18%
Think the Legislature 25% 17% 26% 21% should spend $30
should open another million to open
prison another prison
Think the Legislature 63% 56% 64% 58% Think the Legislature 67% 78% 66% 62% 68%
should reduce the should focus on
prison population by reducing the prison
lowering the penalty population
for simple drug
Not sure 12% 12% 11% 11% 14%
possession
Not sure 13% 26% 9% 21%

Age Age
18 to 30 to 46 to Older 18 to 30 to 46 to Older
Base 29 45 65 than 65 Base 29 45 65 than 65
Statement: Colorado Reducing Prison
Should Focus More on Overcrowding: Open
Prevention and Another Prison / Lower
Treatment Penalty for Simple
Agree/Disagree Drug Possession
Strongly agree 57% 78% 49% 52% 59% Think the Legislature 25% 15% 22% 32% 22%
should open another
Somewhat agree 22% 13% 28% 24% 19% prison
Somewhat disagree 8% 4% 10% 8% 9% Think the Legislature 63% 73% 56% 61% 65%
Strongly disagree 9% 3% 8% 14% 8% should reduce the
prison population by
Not sure 4% 2% 5% 2% 5% lowering the penalty
for simple drug
possession
Not sure 13% 12% 22% 8% 13%

January 18-20, 2019 3020 Highwoods Blvd.

survey of 695 Colorado voters Raleigh, NC 27604
information@publicpolicypolling.com / 888 621-6988

Colorado Criminal Justice Reform Coalition 32

 Mode Mode
Base Phone Internet Base Phone Internet
Prison Spending: Statement: Colorado
Open Another Prison / Should Focus More on
Focus on Reducing Prevention and
Prison Population Treatment
Agree/Disagree
Think the Legislature 21% 26% 14%
should spend $30 Strongly agree 57% 54% 61%
million to open
another prison Somewhat agree 22% 21% 24%

Think the Legislature 67% 62% 74% Somewhat disagree 8% 10% 4%

should focus on Strongly disagree 9% 11% 7%
reducing the prison
population Not sure 4% 4% 3%
Not sure 12% 12% 12%

Mode
Base Phone Internet
Reducing Prison
Overcrowding: Open
Another Prison / Lower
Penalty for Simple
Drug Possession
Think the Legislature 25% 30% 17%
should open another
prison
Think the Legislature 63% 58% 69%
should reduce the
prison population by
lowering the penalty
for simple drug
possession
Not sure 13% 12% 13%

January 18-20, 2019 3020 Highwoods Blvd.

survey of 695 Colorado voters Raleigh, NC 27604
information@publicpolicypolling.com / 888 621-6988

Colorado Criminal Justice Reform Coalition 33

 Appendix B
Colorado Drug Crime Classifications and Penalties

Schedule I substances include heroin, LSD,

psilocybin and psilocyn (mushrooms), and
cathinones (bath salts).

Schedule II substances include cocaine,

methamphetamine, methadone, and
prescription opioid painkillers such as
morphine, codeine, and oxycodone.

Schedule III-V substances include anabolic

steroids, many non-painkiller prescription
drugs, and some prescription drugs that
include low levels of Schedule II drugs, such
as prescription cough medicine with codeine.

Colorado Criminal Justice Reform Coalition 34