H_JUD_2023A 02/07/2023 01:35:15 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 02/07/2023 Attendance Armagost X Daugherty X Epps X Evans X Garcia X Luck X Marshall X Sharbini X Snyder X Soper X Woodrow * Bacon X Weissman X Time 01:35:15 PM to 05:21:23 PM Place HCR 0112 This Meeting was called to order by Weissman This Report was prepared by Juliann Jenson Hearing Items Action Taken hHB23-1037 Amended, referred to the Committee of the Whole hHB23-1100 Amended, referred to the Committee of the Whole hHB23-1145 Amended, referred to the Committee of the Whole HB23-1037 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/FB98E860A784...$File/Attachment A HB1037_L.003.pdf?OpenElement Attachment A HB1037_L.003.pdf 01:35:33 PM Representative Martinez, prime sponsor, presented House Bill 23-1037, concerning awarding earned time to nonviolent offenders who complete an accredited higher education program. He discussed recidivism rates, educational incentives, and program eligibility. Committee members asked questions about the bill. Mr. Bikram Mishra, representing themself, testified in support of the bill. He discussed the benefits of college programs while incarcerated. 01:49:35 PM Ms. Lauren Reed, representing Adams State University Prison Education Program, testified in support of the bill. She discussed the educational opportunities offered through Adams State. Mr. James Bullington, representing themself, testified in support of the bill. He discussed the importance of prison education. 01:56:22 PM Matthew Server, representing Colorado Catholic Conference, testified in support of the bill. He discussed recidivism and rehabilitation. Christie Donner, representing Colorado Criminal Justice Reform Coalition, testified in support of the bill. She discussed expanding post-secondary education programs in prison. Committee members asked questions about data, recidivism rates, and master degree programs. 02:06:16 PM Committee discussion continued about data collection and tracking. Ms. Adrienne Sanchez, representing Department of Corrections, was available to answer committee questions. Committee members asked questions about the history of educational programs in the DOC and earned time provisions. 02:13:11 PM Committee members asked questions about funding and reappropriations. Further discussion followed about earned time credits. Written testimony in support of this bill is in Attachment F. 02:22:49 PM Representative Martinez distributed and discussed Amendment L.003 for technical changes (Attachment A). Representative Martinez noted he is working on additional amendments to address regional accreditation, funding, and program eligibility. Commitee discussion followed about credit hours, incentives for higher level degrees, and funding. 02:30:19 PM Motion Adopt amendment L.003 (Attachment A) Moved Bacon Seconded Sharbini Armagost Daugherty Epps Evans Garcia Luck Marshall Sharbini Snyder Soper Woodrow Bacon Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:30:21 PM Representative Martinez made concluding comments. Committee members made closing comments. 02:39:58 PM Motion Refer House Bill 23-1037, as amended, to the Committee of the Whole. Moved Bacon Seconded Marshall Armagost Yes Daugherty Yes Epps Yes Evans Yes Garcia Yes Luck No Marshall Yes Sharbini Yes Snyder Yes Soper No Woodrow Yes Bacon Yes Weissman Yes Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS HB23-1100 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/527C983A79EA...$File/Attachment B.pdf?OpenElement Attachment B.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/917112FECC4D...$File/Attachment C HB1100_L.001.pdf?OpenElement Attachment C HB1100_L.001.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/7A8B33CFA95A...$File/Attachment D HB1100_L.002.pdf?OpenElement Attachment D HB1100_L.002.pdf 02:40:22 PM Representatives Ricks and Garcia, co-prime sponsors, explained House Bill 23-1100, concerning restrictions on governmental participation in civil immigration detention. They distributed a fact sheet and other supporting documents (Attachment B), as well as discussed the need for this bill. Committee members asked questions about the bill's application and state and federal government relationships. Discussion ensued about profit motivated contracts. 02:55:02 PM Commissioner Dan Williams, representing Teller County, CO, testified in opposition to the bill. He requested a carve-out for Teller County. Sheriff Jason Mikesell, representing Teller County, CO, testified in opposition to the bill. He discussed the removal of detainees to facilities outside of Colorado if this bill passes. Commissioner Bob Campbell, representing Teller County, CO, testified in opposition to the bill. He discussed the state and federal government relationship. Commissioner Erik Stone, representing Teller County, Co, testified in opposition to the bill. Committee members asked questions about the United States Immigration Code. Discussion ensued about civil immigration infractions. 03:24:25 PM Committee members asked questions to the panel about jail detainees and cost per day. 03:30:35 PM Angelica Prisciliano, representing Colorado People's Alliance, testified in support of the bill. Mr. Victor Galvan Ramirez, representing themself, testified in support of the bill. Mark Fleming, representing National Immigrant Justice Center, testified in support of the bill. Committee members asked questions about cases with both criminal and civil charges. 03:41:17 PM Maria Jimenez, representing themself, testified in support of the bill. Brittany Lopez testifying for Juana Armijo, representing themself, testified in support of the bill. Mr. Doug Nelson, representing Together Colorado, testified in support of the bill. Ms. Vallerie Bustamante, representing Stand for Children, testified in support of the bill. Committee members asked questions to the panel about community impact. Committee discussion continued about contracts with the federal government. 04:12:16 PM Mr. John Fabbricatore, representing themself, testified in opposition to the bill. Committee members asked questions about United States Immigration and Custom Enforcement (ICE). 04:31:27 PM Discussion ensued about undocumented immigrants and civil and criminal defendants. Written testimony in support of this bill is in Attachment F. 04:34:23 PM Representative Ricks distributed and explained Amendment L. 001 (Attachment C). 04:36:40 PM Motion Adopt amendment L.001 (Attachment C) Moved Garcia Seconded Woodrow Armagost No Daugherty Yes Epps Yes Evans No Garcia Yes Luck Excused Marshall Yes Sharbini Yes Snyder Yes Soper No Woodrow Yes Bacon Yes Weissman Excused YES: 8 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS 04:37:09 PM Representative Garcia distributed and explained Amendment L. 002 (Attachment D). 04:37:38 PM Motion Adopt amendment L.002 (Attachment D) Moved Garcia Seconded Snyder Armagost Daugherty Epps Evans Garcia Luck Excused Marshall Sharbini Snyder Soper Woodrow Bacon Weissman Excused YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection 04:37:40 PM The bill sponsors made closing comments. 04:38:30 PM Committee members made closing comments. 05:06:18 PM Motion Refer House Bill 23-1100, as amended, to the Committee of the Whole. Moved Garcia Seconded Sharbini Armagost No Daugherty Yes Epps Yes Evans No Garcia Yes Luck No Marshall No Sharbini Yes Snyder No Soper No Woodrow Yes Bacon Yes Weissman Yes Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS HB23-1145 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/341A79E9F89C...$File/Attachment E.pdf?OpenElement Attachment E.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/724A79AB315A...$File/Attachment F HB1145_L.003.pdf?OpenElement Attachment F HB1145_L.003.pdf 05:06:31 PM Representatives English and Sharbini, co-prime sponsors, presented House Bill 23-1145, concerning juveniles ordered by a court to be detained in an adult facility while awaiting trial. They discussed how provisions in the bill match federal law and distributed a fact sheet (Attachment E). Kelly Abbott, Manager - Office of Adult and Juvenile Justice Assistance, representing Colorado Department of Public Safety, testified in support of the bill. She provided reasons why it is necessary to be in alignment with federal statutes. 05:15:31 PM Representative Sharbini distributed and explained Amendment L. 003 (Attachment F). 05:18:25 PM Motion Adopt amendment L.003 (Attachment F) Moved Sharbini Seconded Soper Armagost Daugherty Epps Evans Garcia Luck Marshall Sharbini Snyder Soper Woodrow Bacon Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:18:27 PM The bill sponsors made closing comments. Committee members made closing comments. 05:20:46 PM Motion Refer House Bill 23-1145, as amended, to the Committee of the Whole. Moved Sharbini Seconded Soper Armagost Yes Daugherty Yes Epps Yes Evans Yes Garcia Yes Luck Yes Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon Yes Weissman Yes Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 05:21:23 PM The committee adjourned.