H_JUD_2016A 03/03/2016 Committee Summary

01:36 PM -- HB16-1215



The committee was called to order. A quorum was present. Representatives McCann and Kagan, prime sponsors, presented House Bill 16-1215, concerning changing the statutory purposes of parole to successfully reintegrate parolees into society by providing enhanced supportive opportunities. Representative McCann explained the effect of the bill and discussed its need. Representative Kagan discussed the process by which the bill was drafted. Discussion ensued regarding the tangible benefits of changing the definitions of the purposes of parole in previous legislation, and measures for showing these benefits. The following persons testified regarding HB 16-1215:



01:43 PM -- Mr. Doug Wilson, representing the Office of the State Public Defender and the Colorado Criminal and Juvenile Justice Commission (CCJJ), testified in support of the bill. Mr. Wilson discussed work performed on the bill by CCJJ, and the reasoning behind the commission's support of the bill. Mr. Wilson answered earlier questions about performance measures associated with previous attempts to address the definitions of parole.



01:46 PM -- Ms. Melissa Roberts, representing the Department of Corrections, testified in support of the bill. Ms. Roberts discussed the benefits of updating the purposes of parole.



01:48 PM -- Mr. Michael Dougherty, representing the First Judicial District and the Colorado District Attorneys' Council, testified in support of HB 16-1215. Mr. Dougherty addressed a question posed during earlier discussion, and discussed recidivism. Mr. Dougherty responded to questions regarding the prospective nature of the bill, and the ability of district attorneys to adjust to new parole purposes.



















01:55 PM



No amendments were offered to HB 16-1215. Representatives McCann and Kagan provided closing remarks in support of the bill.





01:57 PM



The committee recessed.





01:59 PM



The committee returned to order.

02:00 PM -- HB16-1027



Representative Danielson, prime sponsor, presented House Bill 16-1027, concerning depositions in criminal cases in which an at-risk person may not be available for trial. Representative Danielson explained the effect of the bill and discussed its need. Committee members received fact sheet supporting the bill, prepared by the Colorado District Attorneys' Council (Attachment A). The following persons testified regarding HB 16-1027:



16HouseJud0303AttachA.pdf



02:08 PM -- Mr. Scott Storey, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Storey discussed the law surrounding the video deposition of at-risk individuals, and the benefits of doing so based on the age of a witness.





02:15 PM



The committee recessed.





02:16 PM



The committee returned to order.



02:16 PM -- Ms. Jane Walsh, representing the Colorado District Attorneys' Council, and Ms. Charlotte Krasnoff, representing herself, testified in support of HB 16-1027. Ms. Walsh discussed crimes against elders in her judicial district, and discussed problems in gathering deposition evidence from at-risk elderly individuals. Ms. Walsh discussed difficulties experienced in trying to conduct a deposition with Ms. Krasnoff's husband. Ms. Krasnoff related her experience as a victim of elder abuse, and the resulting difficulties experienced with adjudicating the issue.



02:30 PM -- Mr. Kenneth Boyd, representing the Denver District Attorney's Office, testified in support of the bill. Mr. Boyd discussed the cumbersome process of litigating crimes and how the litigation timeline impacts the ability to gather depositions from the elderly. He noted the rise of financial crimes targeting the elderly as the population ages.



02:33 PM -- Ms. Candace Werth, representing the First Judicial District, testified in support of HB 16-1027. Ms. Werth discussed some elder abuse cases she has litigated, and explained how the bill will help to prosecute these cases.



02:35 PM -- Mr. Dennis Valentine, representing AARP, Mr. Ed Shackelford, representing the Colorado Senior Lobby, and Mr. Rich Mauro, representing the Denver Regional Council of Governments, testified in support of the bill. Mr. Valentine discussed the reasons why the elderly are preyed upon, and explained why the bill would help to litigate elder abuse cases. Mr. Mauro discussed the benefits of the bill. Mr. Shackelford discussed the need to update elder abuse law, and noted some cases of financial abuse of the elderly he has worked on. Mr. Shackelford discussed the impacts of financial elder abuse.



















02:40 PM -- Ms. Heidi Haines, representing the Arc of Colorado, testified in support of HB 16-1027. Ms. Haines explained how the bill would be beneficial in instances of litigation where a developmentally disabled individual is a witness.



02:42 PM -- Mr. Scott Turner, representing Attorney General Cynthia Coffman, testified in support of the bill. Mr. Turner discussed his office's work to combat elder abuse, and the need to accommodate the elderly when they are witnesses in these cases.





02:45 PM



Representative Danielson explained the effect of amendment L.002 (Attachment B).



16HouseJud0303AttachB.pdf

02:48 PM



Representative Danielson explained the effect of amendment L.009 (Attachment C). Representative Danielson responded to questions regarding to whom the bill would apply under amendment L.009. Mr. Storey returned to provide input on how an at-risk elder witness might be deposed under the amendment.



16HouseJud0303AttachC.pdf

02:53 PM



Representative Danielson provided closing remarks in support of HB 16-1027. Discussion ensued regarding the collaborative effort undertaken to craft amendments on the bill.





02:53 PM



The committee recessed.





03:14 PM



The committee returned to order.

03:16 PM



The committee adjourned.