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S_JUD_2017A 04/19/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/19/2017
ATTENDANCE
Time: 01:35 PM to 03:11 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Cooke
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-289 Amended, Referred to the Committee of the Whole





01:36 PM -- SB17-289



Senator Cooke, chair, called the committee to order. Senator Gardner, sponsor, presented Senate Bill 17-289, concerning allowing the Department of Human Services to transfer custody of certain adult offenders from the Division of Youth Corrections (DYC) upon a court order. Senator Gardner explained the bill, discussed its need, and responded to questions concerning the effect of the bill on judicial sentencing discretion.



01:45 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. She explained that the bill provides for an unconstitutional change of sentence. Ms. Thompson and Senator Gardner discussed the applicability and constitutionality of the bill.



01:53 PM --
Ms. Lindy Frolich, Director of the Office of the Alternate Defense Counsel, testified in opposition to the bill. Ms. Frolich discussed sentencing procedures permitted by the bill, and the effect of the bill on an offender's period of parole. In response to a question, Ms. Frolich further explained the effect of the bill on parole. She also clarified her understanding of the bill's provisions.



02:00 PM --
Ms. Jenifer Stinson, representing herself, testified in opposition to the bill. She discussed the effect of the bill on process of representing juvenile offenders. Ms. Stinson discussed the effect of the bill on offender behavior in juvenile facilities. In response to a question, Ms. Stinson clarified existing law concerning sentencing.































02:08 PM



The committee recessed.




02:11 PM --
The committee returned to order. Dr. Robert Werthwein, representing the DYC, testified in support of the bill. He discussed sentencing practices, the operation of DYC, and the benefits of the bill. Dr. Werthwein responded to questions about the frequency of charges related to possession of contraband by offenders and about sentencing adults for crimes committed while serving juvenile sentences in DYC. Senator Kagan and Dr. Werthwein discussed potential amendments to the bill concerning rights to counsel and factors for courts to consider when making sentencing decisions under the bill.





02:21 PM



Dr. Werthwein responded to questions concerning adults charged of crimes that would have been affected by the bill, and the characteristics of offenders charged in those instances. He also responded to questions concerning staffing at DYC, and programs designed to assist staff with trauma. Dr. Werthwein continued to respond to questions concerning the offenders to which the bill's provisions would apply.



02:27 PM --
Mr. Anders Jacobson, Mr. Michael Pisney, Mr. Chad Reznicek, and Ms. Danielle Torez, representing DYC, came to the table to testify in support of the bill. Mr. Jacobson discussed working with offenders who commit violent acts, including working with repeat offenders. He also discussed the effect of the bill.



02:31 PM --
Mr. Reznicek discussed his work as a treatment coordinator in DYC. He discussed brain development of persons as they age, and specific instances of assault.



02:34 PM --
Ms. Torez discussed treating offenders who commit assault in DYC. She also discussed specific incidents of assault by offenders on DYC officers.



02:37 PM --
Mr. Pisney discussed his work as a counselor at DYC facilities. He discussed the motivations of offenders who assault others while sentenced to DYC. He also discussed the effect of such assaults on DYC staff.





02:40 PM



Mr. Jacobson responded to questions concerning the DYC's participation in court proceedings relating to adult offenders who commit crime while sentenced to DYC. Mr. Reznicek responded to questions concerning an offender, mentioned during his testimony, who committed repeated assaults, and about DYC participation in court processes. Mr. Pisney commented on DYC participation in court proceedings.































02:51 PM



Mr. Jacbson responded to questions concerning transferring offenders from DYC under existing law.



02:54 PM --
Ms. Elizabeth Logemann, representing the Colorado Juvenile Defender Center, testified in opposition to the bill. She discussed existing methods to transfer offenders, the age of offenders who commit assaults in DYC, and standards for determining fitness under the bill. In response to committee questions, Ms. Logemann further discussed the determination of fitness under the bill, and information concerning those who commit assault while sentenced to DYC.



03:00 PM --
Dr. Werthwein returned to the table to respond to questions. He responded to a question concerning prior testimony, and responded to questions concerning offenders sentenced to DYC as juveniles who have attained the age of adulthood.





03:03 PM



Senator Gardner distributed and explained amendments L.001 (Attachment A) and L.002 (Attachment B). The committee discussed amendment L.001.



17SenateJud0419AttachA.pdf17SenateJud0419AttachA.pdf 17SenateJud0419AttachB.pdf17SenateJud0419AttachB.pdf

BILL: SB17-289
TIME: 03:07:52 PM
MOVED: Gardner
MOTION: Adopt amendment L.001 (Attachment A). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS






















BILL: SB17-289
TIME: 03:08:23 PM
MOVED: Gardner
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



03:08 PM --
Ms. Christina Rosendahl, representing the Department of Corrections (DOC), made herself available for questions. Ms. Rosendahl stated DOC's neutral position on the bill and responded to a question clarifying DOC's position on the bill.

BILL: SB17-289
TIME: 03:10:52 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-289, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:11 PM



The committee adjourned.


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