State Ex Rel. Department of Corrections v. Pena

911 P.2d 48, 20 Brief Times Rptr. 182, 1996 Colo. LEXIS 22, 1996 WL 70208
CourtSupreme Court of Colorado
DecidedFebruary 20, 1996
Docket94SC227
StatusPublished
Cited by15 cases

This text of 911 P.2d 48 (State Ex Rel. Department of Corrections v. Pena) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Department of Corrections v. Pena, 911 P.2d 48, 20 Brief Times Rptr. 182, 1996 Colo. LEXIS 22, 1996 WL 70208 (Colo. 1996).

Opinions

Justice SCOTT

delivered the Opinion of the Court.

This case is one of several litigated by the Department of Corrections (DOC) and the City and County of Denver regarding the transfer of state-sentenced prisoners from county jails to state prisons. The litigation has focused upon overcrowded conditions in the Denver County Jail due in part to a backlogging of state-sentenced prisoners in that facility. We granted certiorari to determine whether the court of appeals erred when it (1) held that a district court may order the DOC to take state-sentenced prisoners in a particular order; and (2) vacated that portion of the Denver District Court’s order which directed the DOC to ignore an Arapahoe County District Court order.1

The State of Colorado (State) filed its petition for certiorari seeking our review of the court of appeals’ judgment in State ex rel. Dep’t of Corrections v. Pena, No. 93CA0820 (Colo.App.1994) (not selected for publication). The court of appeals held that the DOC’s practice of backlogging state-sentenced prisoners at the Denver County Jail violated a 1987 permanent injunction issued by the Denver District Court (Denver Order) requiring it to remove state-sentenced prisoners within seventy-two hours. Federico Pena, Mayor of the City and County of Denver; J.D. MacFariane, Manager of Safety for the City and County of Denver; John Simo-net, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and County of Denver; and several City Council Members for the City and County of Denver (Denver) filed a cross petition seeking review of that portion of the court of appeals’ judgment holding that the Denver District Court did not have the authority to direct the DOC to disregard an Arapahoe County District Court order. As set forth below, we affirm.

I

A. The 1987 Denver Order

In 1986, because of overcrowding in [51]*51the Denver County Jail,2 the City and County of Denver refused to accept a parolee arrested in Denver for “technical” violations of parole.3 On May 2, 1986, the DOC brought an action to compel Denver to accept accused parole violators pending revocation proceedings. Denver counterclaimed, requesting reimbursement under the prison reimbursement statute, section 17-1-112(1), 8A C.R.S. (1986),4 for each state-sentenced prisoner housed in the Denver County Jail.

On September 28, 1987, the Denver District Court entered a permanent injunction requiring the DOC to remove all state-sentenced prisoners from the Denver County Jail within seventy-two hours and prohibiting the DOC from backlogging state-sentenced prisoners at that facility.5 In addition, the trial court held that the Denver County Jail, given the conditions of extreme overcrowding, was under no obligation to accept technical parole violators tendered to it by state authorities. Finally, pursuant to section 17-1-112, the trial court ruled that the DOC owed Denver $885,000 for housing state sentenced prisoners.

DOC appealed the latter two rulings by the trial court.6 However, DOC did not seek review of the injunction requiring it to immediately remove state-sentenced prisoners from the Denver County Jail. The Denver Order, which was not appealed, thus became a final judgment.

B. The 1991 Arapahoe County District Court Order

In connection with a separate criminal proceeding, the Arapahoe County District Court was confronted by the consequences of the DOC’s backlogging practices when DOC did not take immediate custody of the defendant remanded to its custody in People v. Christy, No. 89CR77 (Arapahoe County Dist. Ct. Apr. 2,1991) (Arapahoe Order).7 Noting a “statewide backlog” regarding the transfer of state-sentenced prisoners from county to state facilities, the Arapahoe trial court entered its order on April 2, 1991. The DOC did not seek review of the Arapahoe Order, which by operation of law became final. Pursuant to the Arapahoe Order, the court ordered the DOC to (1) “place all inmates throughout the state awaiting transfer to DOC on a statewide backlog list in order of their sentencing date”; (2) transfer county inmates to state facilities “on a ‘first on list [52]*52first out basis’ (3) assign inmates “a priority number according to his/her sentencing or revocation date” so that “inmates with the oldest sentencing or revocation date shall be given the lowest number”; (4) receive inmates “based upon such number, beginning with the lowest number and continuing in numerical progression (except for emergency situations ... )”; and (5) provide the trial court with a state-wide backlog list in the event there is a backlog. In addition, the Arapahoe Order stated that the DOC was subject to the order until informed otherwise by the court.

C. Enforcement of the Denver Order

In light of the Arapahoe Order, the DOC sought to modify the Denver Order by filing a motion for relief from the order with the Denver District Court. In response, Denver filed a motion to enforce the Denver Order. On May 3, 1991, after a hearing, the Denver District Court denied the DOC’s request to modify the Denver Order:

This matter comes before the court pursuant to two motions, one filed by ... [DOC] and [Denver]. [DOC] seeks by its motion to modify the injunction previously issued by this court in 1987. [Denver’s] motion seeks to enforce the injunction. The triggering mechanism for the filing of both motions is an order entered April 2, 1991 by the Honorable Richard D. Turelli in the case of People vs. Christy, etal., [sic] 89CR77 in the District Court for Arapahoe County. This court’s order from 1987 and Judge Turelli’s order when read together place the [DOC] on the horns of a dilemma. The dilemma, simply stated, is if the [DOC] follows either order it stands potentially to be in violation of the other order. ...
This Court’s order of October 2, 1987, nunc pro tunc to September 28,1987 was a limited order relating only to the Denver County Jail. The ruling in People vs. Christy, supra, purports to set up a comprehensive statewide prioritization of the backlogged state[-sentenced] prisoners....
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In his argument, which the Court believes was well reasoned and thoughtful, Mr. Sanzo on behalf of [DOC] urged that what was needed was a statewide comprehensive solution to the problem because the problem is statewide. His argument suggested that with the 13 orders which have been issued to the [DOC] in a piecemeal fashion, that the dilemma now faced by the [DOC] was almost inevitable.
Mr. Sharoff, in his argument for [Denver] noted that perhaps the only two detention facilities in the state that are overcrowded were before the court. The statistics from [Denver’s] Exhibit D seem to bear out this view. I am not certain this is absolutely true for I do not have statistics from each county jail of the state. The court remains satisfied, however, that ongoing overcrowding in these two facilities has once again compelled good people on both sides who are genuinely working towards a resolution of their mutual problems to be opponents in court.

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State Ex Rel. Department of Corrections v. Pena
911 P.2d 48 (Supreme Court of Colorado, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
911 P.2d 48, 20 Brief Times Rptr. 182, 1996 Colo. LEXIS 22, 1996 WL 70208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-corrections-v-pena-colo-1996.