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i_sentencingreform_2017a_2017-11-03t09:12:37z2 Hearing Summary

Date: 11/03/2017

Location: RM 271

Final

Consideration of and Final Action on Committee Legislation



SENTENCING IN THE CRIMINAL JUSTICE SYSTEM


Votes: View--> Action Taken:
Adopt a conceptual amendment requiring the full Co

Adopt amendment #1 to Bill 16 (Attachment D). The

Adopt amendment #1 to Bill 3 (Attachment C). The m

Adopt amendment #3 to Bill 3 (Attachment B). The m

Include Bill 1 as one of the bills to be forwarded

Include Bill 10 as one of the bills to be forwarde

Include Bill 11 as one of the bills to be forwarde

Include Bill 12 as one of the bills to be forwarde

Include Bill 14 as one of the bills to be forwarde

Include Bill 16, as amended, as one of the bills t

Include Bill 17 as one of the bills to be forwarde

Include Bill 18 as one of the bills to be forwarde

Include Bill 3, as amended, as one of the bills to

Include Bill 5 as one of the bills to be forwarded

Include Bill 8 as one of the bills to be forwarded

Include Bill 9 as one of the bills to be forwarded




Pass Without Objection

PASS

PASS

TIE

TIE

PASS

PASS

TIE

TIE

TIE

TIE

TIE

PASS

PASS







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.