s_jud_2017a_2017-02-22t13:31:37z0 Hearing Summary

Date: 02/22/2017

Location: SCR 352

01:31 PM -- SB17-087



Senator Gardner, chair, called the committee to order and explained the procedures that would be used for witness testimony during the meeting. Senator Aguilar, prime sponsor, presented Senate Bill 17-087, concerning granting judicial discretion to sentence a defendant to an intermediate 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. Senator Aguilar distributed information to the committee (Attachment A). Senator Aguilar discussed a recent court decision concerning sentencing a sex offender, and existing law concerning sentencing. She explained the bill's provisions, and responded to questions about the bill and court sentencing decisions.



17SenateJud0222AttachA.pdf



01:41 PM -- Ms. Maureen Cain, representing the State Public Defender's Office and the Colorado Criminal Defense Bar, testified in support of the bill. She explained the bill's provisions. Ms. Cain responded to a question concerning sentencing under the bill.



01:50 PM -- Mr. Chris Lobanov-Rostovsky, program manager of the Colorado Sex Offender Manager Board (SOMB), testified on the bill from a neutral position. He discussed the process of assessing a sex offender's risk under current procedures and how the bill may affect risk assessment. Mr. Lobanov-Rostovsky discussed commitment methods in other states. He responded to questions concerning risk assessment and the effect of prior legislation. Senator Kagan commented.





02:01 PM



Mr. Lobanov-Rostovsky responded to a question concerning the impact of SB 17-087 on the SOMB. He also discussed, in response to questions, the treatment of sex offenders, generally.



02:06 PM -- Ms. Lisa Scanga, representing the First Judicial District Attorney's Office and the Colorado District Attorneys' Council (CDAC), testified in opposition to the bill. She discussed sentencing of sex offenders under existing law, and decisions concerning the treatment of offenders. She discussed the legal concerns surrounding the bill. Ms. Scanga responded to questions concerning legal questions she claims are raised by the bill, including constitutional issues related to fact-finding by judges.



02:17 PM -- Ms. Katharina Booth, representing the Twentieth Judicial District Attorney's Office, CDAC, and the Colorado Attorney General's Office, testified in opposition to the bill. Ms. Booth spoke favorably of Ms. Scanga's testimony, and stated that she believes the effect of the bill will be to require determinate sentencing. She responded to questions concerning recent court decisions about sentencing in sex assault cases.



02:23 PM -- Ms. Allison Boyd, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. She discussed the effect of sexual assaults and sentencing on victims. Ms. Boyd discussed the benefits of the existing sentencing scheme.



02:27 PM -- Dr. Pamela Yates, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed studies concerning sentencing. Dr. Yates responded to questions concerning when, in the judicial and corrections process, it is most beneficial to perform a risk assessment, and sentencing of sex offenders, generally.





02:37 PM



Dr. Yates continued to respond to questions. She discussed her experience, and the risk of reoffending posed by sex offenders. Dr. Yates responded to a question concerning the Canadian legal system. She submitted her c.v. to the committee (Attachment B).



17SenateJud0222AttachB.pdf



02:43 PM -- Ms. Dena McClung, representing herself, testified in support of the bill. She discussed the backlog for offenders to receive treatment, and the costs of treatment. Ms. McClung responded to a question regarding assessments made by courts, and treatment backlogs.



02:48 PM -- Mr. John Svec, representing himself, testified in support of the bill. He discussed a situation concerning his friend who is incarcerated and receiving treatment.



02:50 PM -- Mr. Wayne Boring, representing himself, testified in support of the bill. He discussed a situation concerning his son who received an indeterminate sentence and is receiving treatment. Mr. Boring responded to questions concerning his son's situation.



02:53 PM -- Ms. Janet Hunsaker, representing herself, testified in support of the bill. Ms. Hunsaker discussed the benefits of giving judges more sentencing options in cases involving sex crimes.



02:54 PM -- Ms. Susan Walker, representing the Coalition for Sexual Offense Restoration (CSOR), testified in support of the bill. She discussed shortcomings of sentencing under existing law, and different approaches to sentencing. Ms. Walker discussed the costs of sentencing all sexual offenders to indeterminate sentencing. She also discussed her son's situation, having received an indeterminate sentence. She responded to questions concerning sentencing of sex offenders as punishment for a crime, and the work of CSOR.



03:03 PM -- Ms. Laurie Rose Kepros, representing the State Public Defender's Office and the Colorado Criminal Defense Bar, testified in support of the bill. She discussed charges and sentencing under existing law, the Colorado Lifetime Supervision Act of 1998. Ms. Kepros responded to questions concerning the timing of risk assessments and the accuracy of risk classifications. She responded to earlier testimony concerning the constitutionality of the bill. Ms. Kepros continued to respond to questions concerning the relationship between risk and the crimes committed.



03:14 PM -- Ms. Beverly Casey, representing herself, testified in support of the bill. She discussed her son's situation being sentenced for sexual assault.



03:18 PM -- Ms. Marie Carrico, representing herself, testified in support of the bill. She discussed her husband's situation being sentenced for sexual assault. She explained how SB 17-087 could have changed her husband's sentence. She responded to questions.





03:21 PM



Senator Aguilar made closing remarks on the bill and asked for the committee's support. Senator Kagan and Senator Fields explained their positions on the bill.