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I_SentencingReform_2017A 11/03/2017 09:12:37 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENTENCING IN THE CRIMINAL JUSTICE SYSTEM

Date: 11/03/2017
ATTENDANCE
Time: 09:12 AM to 10:45 AM
Kagan
X
Lundberg
X
Place: RM 271
Weissman
X
Wist
X
This Meeting was called to order by
Cooke
X
Representative Lee
Lee
X
This Report was prepared by
Bo Pogue
X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
Bills Addressed: Action Taken:
Opening Remarks

Public Testimony

Consideration of and Final Action on Committee Legislation
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

5 Recommendation(s) Approved





09:13 AM -- Opening Remarks



The committee was called to order. All members were present. Representative Lee, chair, provided some opening remarks on the committee's efforts during the interim, and the process to be observed during the meeting.





09:17 AM -- Public Testimony



Committee members received written testimony from the Colorado District Attorneys' Council (Attachment A). The following persons testified regarding the bills under consideration by the committee:



17Sentencing1103AttachA.pdf17Sentencing1103AttachA.pdf



09:18 AM --
Mr. Joe Cannata, representing Voices of Victims and himself, testified in opposition to Bill 4. Mr. Cannata noted some of his reservations with the bill. Representative Lee informed him that Bill 4 would be removed from consideration.



09:19 AM --
Ms. Sterling Harris, representing the Colorado Organization for Victim Assistance, expressed concerns regarding several bills under consideration by the committee, explaining that passage of certain of the bills may make the criminal justice system more confusing. She then made remarks on specific bills.

















09:22 AM --
Ms. Alli Daley, representing Colorado Counties, Inc., testified on Bill 19, expressing some concerns about the fiscal impact of the bill.



09:25 AM --
Ms. Gabby Reed, representing the Department of Public Safety, testified on Bills 9 and 14. She mentioned that the Colorado Commission on Criminal and Juvenile Justice (CCJJ) has not yet taken a position on Bill 9, and expressed support for Bill 14. Ms. Reed discussed the consideration of Bill 9 by CCJJ.





09:27 AM -- Consideration of and Final Action on Committee Legislation



Senator Lundberg provided an overview and discussed the merits of Bill 1, granting judicial discretion to sentence a defendant to an indeterminate or determinate sentence for a sexual offense, and, in connection therewith, requiring the criteria and basis for the sentencing decision to be articulated on the public record. Discussion ensued regarding the bill.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:34:23 AM
MOVED: Lundberg
MOTION: Include Bill 1 as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 4-2.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS











































09:35 AM



Representative Weissman provided an overview of Bill 12, concerning lowering the period of mandatory parole from five years to three years for certain felony offenses. Discussion ensued regarding the safety clause on the bill.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:38:19 AM
MOVED: Weissman
MOTION: Include Bill 12 as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Yes
Cooke
Yes
Lee
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





09:38 AM



Senator Kagan provided an overview of Bill 8, concerning clarification of sentences for habitual criminals.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:45:29 AM
MOVED: Kagan
MOTION: Include Bill 8 as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 4-2.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS













09:46 AM



Representative Lee provided an overview of Bill 18, concerning state money for pretrial substance abuse treatment.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:47:18 AM
MOVED: Lee
MOTION: Include Bill 18 as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





09:48 AM



Representative Weissman presented Bill 3, concerning relief from collateral consequences of criminal actions. He explained the effect of Amendments #3 (Attachment B) and #1 (Attachment C). Discussion ensued regarding the effect of Amendment #3 on interstate compacts.



17Sentencing1103AttachB.pdf17Sentencing1103AttachB.pdf 17Sentencing1103AttachC.pdf17Sentencing1103AttachC.pdf










































BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:53:09 AM
MOVED: Weissman
MOTION: Adopt amendment #1 to Bill 3 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Kagan
Lundberg
Weissman
Wist
Cooke
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection


BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:53:30 AM
MOVED: Weissman
MOTION: Adopt amendment #3 to Bill 3 (Attachment B). The motion passed on a vote of 4-2.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
YES: 4 NO: 2 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





































09:56 AM



Discussion ensued regarding the limit on the number of bills that may pass out of the committee.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 09:57:07 AM
MOVED: Weissman
MOTION: Include Bill 3, as amended, as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





09:59 AM



Representative Weissman explained the effect of Bill 16, concerning early termination of probation, as well as Amendment #1 (Attachment D) to the bill.



17Sentencing1103AttachD.pdf17Sentencing1103AttachD.pdf










































BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:03:02 AM
MOVED: Weissman
MOTION: Adopt amendment #1 to Bill 16 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Kagan
Lundberg
Weissman
Wist
Cooke
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION:


BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:03:23 AM
MOVED: Weissman
MOTION: Include Bill 16, as amended, as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





































10:04 AM



Senator Kagan presented Bill 17, concerning measures to make sex offender registration more effective. Representative Wist expressed concerns about certain aspects of the bill, and Senator Kagan addressed these concerns. Representative Weissman noted some public input he received on Bill 17.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:18:37 AM
MOVED: Kagan
MOTION: Include Bill 17 as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





10:19 AM



Representative Lee presented Bill 10, concerning burdens of restitution. Discussion ensued regarding whether Bill 10 fits within the scope of the committee's charge.














































BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:20:59 AM
MOVED: Lee
MOTION: Include Bill 10 as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





10:22 AM



Senator Kagan presented Bill 5, concerning lowering the range for extraordinary aggravating circumstances.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:26:22 AM
MOVED: Kagan
MOTION: Include Bill 5 as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE



























10:28 AM



Senator Kagan presented Bill 11, concerning a clarification of the use of extraordinary mitigating circumstances in criminal sentencing. Representative Weissman commented on the merits of the bill.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:30:53 AM
MOVED: Kagan
MOTION: Include Bill 11 as one of the bills to be forwarded to Legislative Council. The motion failed on a 3-3 vote.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
No
Cooke
No
Lee
Yes
Final YES: 3 NO: 3 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: TIE





10:31 AM



Representative Weissman presented Bill 9, concerning the extension of the repeal of the Colorado Commission on Criminal and Juvenile Justice (CCJJ). Various committee members discussed the benefits of extending the commission.




















































BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:34:25 AM
MOVED: Weissman
MOTION: Include Bill 9 as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Yes
Cooke
Yes
Lee
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:35 AM



Senator Kagan presented Bill 14, concerning early termination of probation. Representative Weissman voiced his support for the bill. Discussion ensued regarding why the full CCJJ would not be making recommendations to the General Assembly under the bill.

BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:36:46 AM
MOVED: Kagan
MOTION: Include Bill 14 as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Yes
Cooke
Yes
Lee
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS














BILL: Consideration of and Final Action on Committee Legislation
TIME: 10:39:22 AM
MOVED: Kagan
MOTION: Adopt a conceptual amendment requiring the full Colorado Commission on Criminal and Juvenile Justice to review the study commissioned under Bill 14 and make recommendations, instead of advisory committee from within the commission. The motion was withdrawn.
SECONDED:
VOTE
Kagan
Lundberg
Weissman
Wist
Cooke
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION:





10:41 AM



The committee discussed sponsorship and house of origin for each of the bills that was forwarded by the committee. Mr. Bo Pogue, Legislative Council Staff, covered some additional issues to be addressed by the committee. Mr. Jeremiah Barry, Office of Legislative Legal Services, noted some additional issues pertaining to bill sponsorship. Representative Lee provided closing remarks on the interim committee and its work.





10:45 AM



The committee adjourned.