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s_jud_2016a_2016-02-22t13:32:26z0 Hearing Summary

Date: 02/22/2016



Final

BILL SUMMARY for SB16-098



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p

Adopt amendment L.002 (Attachment B). The motion p

Amendment L.003. The chair ruled the amendment do

Postpone Senate Bill 16-098 indefinitely using a r

Refer Senate Bill 16-098, as amended, to the Commi
Pass Without Objection

PASS



Pass Without Objection

FAIL







01:32 PM -- SB16-098



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Steadman, sponsor, presented Senate Bill 16-098, concerning restoring judicial discretion in criminal sentencing. Senator Steadman explained the bill and amendment L.001 (Attachment A). Senator Roberts and Senator Steadman discussed the amendment.



16SenateJud0222AttachA.pdf16SenateJud0222AttachA.pdf



01:41 PM --
Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes discussed concerns relating to public safety, stated that the bill was broad, and provided reasons for mandatory sentencing. Senator Roberts and Mr. Raynes discussed the role of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) in developing criminal justice policy. Senator Steadman discussed prior legislation and the role of CCJJ.



01:49 PM --
Mr. Rich Orman, Senior Deputy District Attorney in the 18th Judicial District, testified in opposition to the bill. Mr. Orman discussed the role of judges in sentencing. Mr. Orman responded to questions regarding amendment L.001 and mandatory sentencing, generally.



01:56 PM --
Mr. George Brauchler, District Attorney for the 18th Judicial District, testified in opposition to the bill. Mr. Brauchler stated opposition to the bill and the sentencing for specific situations that are affected by the bill. He responded to questions regarding sentencing review provisions in exiting law, and the role of CCJJ.



02:02 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in opposition to the bill. Ms. Ackerman stated opposition to the introduced bill, and that it was likely she opposed amendment L.001.



02:03 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner discussed public safety and the role that victims play in sentencing under the bill.



02:05 PM --
Ms. Maureen Cain, representing the Colorado Public Defender's Office and the Colorado Criminal Defense Institute, testified in support of the bill. She discussed the increased budget for the Colorado Department of Corrections (DOC), studies relating to the effect and costs of incarceration, and the effect of decreased incarceration on crime rates in states that have reduced admissions to prison. She also stated that mandatory sentencing shifts power from judges to prosecutors by means of plea bargains. Ms. Cain responded to questions regarding DOC funding and the correlation between incarceration and the crime rate.



02:11 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson addressed prior discussion surrounding sentence review under existing law. She also discussed specific cases involving mandatory sentencing. Ms. Thompson responded to questions regarding sentence reconsideration.





02:23 PM



Senator Steadman provided closing remarks on the bill. Senator Cooke distributed and explained amendments L.002 (Attachment B) and L.003 (Attachment C).



16SenateJud0222AttachB.pdf16SenateJud0222AttachB.pdf16SenateJud0222AttachC.pdf16SenateJud0222AttachC.pdf

BILL: SB16-098
TIME: 02:30:11 PM
MOVED: Aguilar
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB16-098
TIME: 02:32:02 PM
MOVED: Cooke
MOTION: Adopt amendment L.002 (Attachment B). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
No
Cooke
Yes
Merrifield
No
Lundberg
Yes
Roberts
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



Senator Roberts ruled that amendment L.003 did not fit under the bill title. Committee members discussed their positions on the bill.

BILL: SB16-098
TIME: 02:35:22 PM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-098, as amended, to the Committee on Finance. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB16-098
TIME: 02:35:55 PM
MOVED: Lundberg
MOTION: Postpone Senate Bill 16-098 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












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