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1322342489E5E07F872583BD007DD34C Hearing Summary


Date Mar 14, 2019      
Location HCR 0112

HB19-1226 - Committee Discussion Only

04:54:28 PM  
The committee recessed.
05:10:54 PM  

The committee returned to order. Representatives Herod and Soper, prime sponsor, presented House Bill 19-1226, concerning changes to releases on bond, and, in connection therewith, the development of a pretrial screening process and administrative order for release without any monetary conditions; creating a presumption of release with the least restrictive conditions and without monetary conditions; specifying the information the court considers when making determinations about type of bond and conditions of release; and a requirement for pretrial services programs throughout the state.  Representative Soper explained the effect of the bill and discussed its need. The following persons testified regarding the bill:

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain discussed the work of the Commission on Criminal and Juvenile Justice (CCJJ) on the bill, and explained the benefit of certain provisions of the bill.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane discussed the process by which the bill was crafted, and the merits of the bill's provisions.

Mr. Bo Zeerip, representing the Twenty-first Judicial District, testified in support of the bill. Ms. Cain responded to questions regarding pretrial risk assessment tools. Mr. Zeerip provided input on this issue. Discussion ensued regarding certain constitutional issues and non-bailable offenses. Discussion followed regarding the fiscal impact of the bill, and domestic violence offenses.

05:51:28 PM  

Mr. Jeff Clayton, representing the American Bail Coalition, testified in opposition to HB 19-1226. Mr. Clayton discussed past efforts to reform bail.

Mr. Rob Southey, representing Bankers Insurance Company, testified in opposition to the bill. Mr. Southey discussed costs to conduct a pretrial services system, and cast doubt on pretrial risk assessments.  He spoke to the merits of monetary bail. Discussion ensued regarding alternatives to risk assessment.

06:00:30 PM  

Mr. Glenn Tapia, representing the Division of Probation Services within the Judicial Branch, testified in support of HB 19-1226. He discussed the operation of the programming created by the bill.

Mr. Joe Thome, representing the Department of Public Safety, testified in support of the bill. Mr. Thome discussed the crafting of the bill by CCJJ. Discussion ensued regarding the work of CCJJ. Mr. Tapia responded to questions regarding the provision of services by probation officers under the bill. Mr. Thome provided additional input. Mr. Tapia responded to questions regarding the operation of a pretrial services program by a county, and risk assessments.

Ms. Eva Frickle, representing the Colorado Freedom Fund, read the testimony of Ms. Elisabeth Epps in support of the bill.

Ms. Portia Allen Kyle, representing the ACLU, testified regarding the bill. She discussed pretrial risk assessments.

Ms. Rebecca Wallace, representing the ACLU, testified regarding the bill. Ms. Wallace expressed certain concerns about the bill, and discussed forthcoming amendments. Discussion ensued regarding the amendments. The chair laid over HB 19-1226.

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details