i_sentencingreform_2017a_2017-09-22t09:09:50z2 Hearing Summary
Date: 09/22/2017
Location: RM 271
Final
Requests for Drafting of Committee Legislation
SENTENCING IN THE CRIMINAL JUSTICE SYSTEM
Requests for Drafting of Committee Legislation
SENTENCING IN THE CRIMINAL JUSTICE SYSTEM
| Votes: View--> | Action Taken: |
| Draft a bill concerning collateral consequences re Draft a committee bill based on a Colorado Commiss Draft a committee bill based on Colorado Commissio Draft a committee bill based on Colorado Commissio Draft a committee bill based on Senate Bill 17-087 Draft a committee bill concerning allowing a secon Draft a committee bill concerning allowing the Div Draft a committee bill concerning capping the numb Draft a committee bill concerning clarifying sente Draft a committee bill concerning clarifying that Draft a committee bill concerning compassionate re Draft a committee bill concerning conducting an up Draft a committee bill concerning direct referrals Draft a committee bill concerning making the manda Draft a committee bill concerning probation earned Draft a committee bill concerning prohibiting drug Draft a committee bill concerning reducing parole Draft a committee bill concerning reducing the int Draft a committee bill concerning specifying which Draft a committee bill concerning the reauthorizat Draft a committee bill concerning time periods for |
PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS |
10:29 AM -- Requests for Drafting of Committee Legislation
Mr. Jeremiah Barry, Office of Legislative Legal Services, provided some opening remarks about the draft legislation process. Mr. Barry was joined by his colleague Mr. Michael Dohr. Senator Cooke made some remarks about the process. Representative Lee called on members of the committee to offer their draft legislation ideas for consideration. Senator Lundberg initiated the process by requesting draft legislation based on Senate Bill 17-087. A rapid succession of bill draft requests followed.
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:33:15 AM | |
| MOVED: | Lundberg | |
| MOTION: | Draft a committee bill based on Senate Bill 17-087. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:33 AM
Representative Weissman requested a draft bill concerning second look in sentencing.
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:35:09 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a committee bill concerning allowing a second look for sentencing under certain circumstances. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:35 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:36:01 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill based on Colorado Commission on Criminal and Juvenile Justice FY 2016 proposal concerning a mandatory parole period based upon a risk score. The motion failed on a vote of 3-2, based on the inability to secure four affirmative votes. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
No
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Fail
|
||
10:37 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:37:21 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning clarifying sentences by eliminating extraordinary risk aggravators. The motion failed on a vote of 3-2, based on the inability to secure four affirmative votes. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
No
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Fail
|
||
10:39 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:39:29 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a bill concerning collateral consequences reduction. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:40 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:40:45 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill based on Colorado Commission on Criminal and Juvenile Justice FY 2016 proposal concerning increasing clarity regarding the time individuals will serve in prison based on the severity of the offense. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:41 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:41:50 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning making the mandatory minimum sentence for crimes of violence the bottom of the presumptive sentencing range and not the middle of the range. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:43 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:43:12 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a committee bill concerning compassionate release of offenders from prison under certain circumstances. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:44 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:44:51 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill concerning direct referrals of certain inmates to residential treatment. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:45 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:45:48 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning specifying which offenses, and number of offenses, are predicate offenses for habitual offenses, and the maximum sentences associated with these offenses. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:47 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:47:18 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a committee bill concerning the reauthorization of the Colorado Commission on Criminal and Juvenile Justice. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:48 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:48:58 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill concerning reducing the interest rate for restitution and removing restitution as a condition of parole. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:50 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:50:34 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning clarifying that mitigating circumstances allow the bench to sentence an offender to a term below the minimum of the presumptive range when it prevents substantial injustice. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:54 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:54:11 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a committee bill concerning reducing parole from five to three years. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:55 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:55:40 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill based on a Colorado Commission on Criminal and Juvenile Justice proposal create a new community corrections reentry referral process. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:57 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:57:07 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning conducting an update of the 2008 "What Works" review and report for criminal sentencing issues. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
10:58 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 10:58:42 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill concerning prohibiting drug felony 4 offenders from being sentenced to the Department of Corrections, and treating these offenders through community-based programming. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
11:00 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 11:01:32 AM | |
| MOVED: | Weissman | |
| MOTION: | Draft a committee bill concerning probation earned time credits. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
11:03 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 11:03:58 AM | |
| MOVED: | Kagan | |
| MOTION: | Draft a committee bill concerning time periods for petitioning off of the sex offender registry. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
11:04 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 11:04:55 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill concerning allowing the Division of Probation to use resources for offender drug treatment prior to conviction. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
No
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
Yes
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
11:05 AM
| BILL: | Requests for Drafting of Committee Legislation | |
| TIME: | 11:06:04 AM | |
| MOVED: | Lee | |
| MOTION: | Draft a committee bill concerning capping the number of beds for the Department of Corrections and creating a resource allocation fund for judicial districts to commit funding to Department of Corrections incarceration. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
|
VOTE
|
||
|
Kagan
|
Yes
|
|
|
Lundberg
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Wist
|
Excused
|
|
|
Cooke
|
No
|
|
|
Lee
|
Yes
|
|
|
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS
|
||
11:08 AM
Discussion ensued regarding the process that will be observed for committee legislation going forward.
11:09 AM
The committee adjourned.