s_jud_2016a_2016-02-08t13:32:59z3 Hearing Summary

Date: 02/08/2016

04:12 PM -- SB16-102



Senator Kerr presented Senate Bill 16-102, concerning the elimination of mandatory sentencing for certain crimes. Senator Kerr provided a packet of information to the committee, explained the history of mandatory minimum sentencing, and provided the reasons for bringing the bill.



04:17 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson explained existing sentencing laws not affected by the bill. She specifically discussed second degree assault and provided information on specific cases. Ms. Thompson cited a specific case in which she was involved where leniency was recommended, and discussed the potential drawbacks of not accepting a plea bargain.





04:28 PM



Ms. Thompson responded to questions regarding provisions in the bill concerning the violation of bail bond conditions.



04:33 PM -- Mr. Josh Tolini, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tolini explained an experience of a client involving second degree assault. As a part of the explanation, he discussed second degree assault and sentencing, generally.



04:39 PM -- Ms. Andrea Hall, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Hall explained the experience of a client.



04:42 PM -- Mr. Alex Garlin, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Garlin explained the experience of a client.





04:52 PM



Mr. Garlin continued to explain the situation of a client.



04:59 PM -- Mr. Patrick Mulligan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Mulligan explained the experience of clients afforded a chance at reconsideration of a sentence under existing law.



05:08 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes spoke favorably of prior testimony, and stated that the bill would provide for more individualized sentencing. Senator Roberts and Ms. Maes discussed the actions and responsibilities of the Colorado Commission on Criminal and Juvenile Justice.



05:12 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District and representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Brauchler spoke on prosecutorial discretion in sentencing and the role of judges in sentencing prior to mandatory sentencing laws. He also discussed sentencing and bail, generally.





05:22 PM



Mr. Brauchler continued to discuss bail violations and spoke on prior testimony. Mr. Brauchler responded to questions regarding recidivism. Senator Kerr commented on the information he provided to the committee earlier.



05:27 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner spoke favorably of Mr. Brauchler's testimony, and commented on the client experiences described in prior testimony.



05:31 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Mr. Johnson stated agreement with the testimony of Mr. Brauchler and Mr. Turner. He also discussed a specific case.



05:33 PM -- Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tejada discussed a specific case. He also discussed burdens of proof under existing law, specific provisions of the bill, and specific cases from prior testimony. Mr. Tejada responded to questions regarding the specific case mentioned in his testimony.





05:43 PM



Senator Kerr provided closing remarks on the bill. Committee members explained their positions on the bill.