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STATE v. PENA

No. 94SC227.

911 P.2d 48 (1996)

STATE of Colorado, for the Use of the DEPARTMENT OF CORRECTIONS, Petitioner/Cross-Respondent, v. Federico PENA, Mayor of the City and County of Denver; J.D. MacFarlane, Manager of Safety, City and County of Denver; John Simonet, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and County of Denver; and Sal Carpio, Robert Crider, Kathy Donohue, Stephanie Foote, Ted Hackworth, Nieves McIntire, Kathy Reynolds, William Roberts, William Scheitler, John Silchia, and Paul Swalm, City Council Members, City and County of Denver, Respondents/Cross Petitioners.

Supreme Court of Colorado, En Banc.

February 20, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Paul Farley, Deputy Attorney General, John August Lizza, First Assistant Attorney General, Paul S. Sanzo, Senior Assistant Attorney General, Human Resources Section, Denver, for Petitioner/Cross Respondent.

Daniel E. Muse, City Attorney, Stan M. Sharoff, Assistant City Attorney, Denver, for Respondents/Cross Petitioners.

Bruno, Bruno & Colin, P.C., Marc F. Colin, Richard A. Stubbs, Denver, for Amici Curiae Board of County Commissioners and County Sheriffs of the following counties: Adams, Alamosa, Arapahoe, Baca, Boulder, Clear Creek, Delta, Douglas, El Paso, Fremont, Gilpin, Grand, Gunnison, Jackson, La Plata, Lincoln, Montrose, Morgan, Prowers, Pueblo, Rio Blanco, Rio Grande, Routt, Saguache, Summit, and Yuma.

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...

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