S_JUD_2018A 02/12/2018 01:33:12 PM Committee Summary

Senator Gardner called the meeting to order. 

Senator Gardner noted that the first bill on the agenda, SB18-017 concerning determinate sentence for indeterminate sex offenses, is a for action only item.

Senator Lundberg expressed his appreciation for the opportunity to work on an amendment to the bill.  He explained that the amendment addresses some of the constitutional concerns raised by district attorneys (Attachment A). 

Senator Lundberg encouraged the committee to vote for his bill, as amended.  He reported that treatment for sex offenders in prison has proven to be inadequate.  He emphasized that the court should have the ability to look at individual cases and determine if an indeterminate sentence is appropriate or not. 

Committee members presented their reasons in support of or opposition to the bill. 

The committee discussed funding for more sex offender treatment within the Department of Corrections.  Concerns were raised about sex offender treatment in relation to systemic issues and geographically difficult places to reach. 

Senator Fields, sponsor, explained SB18-154 concerning a requirement for a local juvenile services planning committee to devise a plan to manage dually identified crossover youth.  She further extrapolated that the bill will assist in better identifying and managing dually identified youth in the criminal justice and child welfare systems. 

Minna Castillo-Cohen, Director of the Office of Children, Youth, and Families in the Colorado Department of Human Services, spoke in support of the bill. She reported that the bill streamlines communication as well as assists with timely responses and continuity of care for crossover youth.  She further noted that the bill helps to facilitate collaboration, case management plans, and placement decisions. 

Gretchen Russo, representing the Colorado Department of Human Services, testified in favor of the bill.

Senator Fields made closing remarks.  She emphasized the bill is the result of a collaborative effort between many state and local agencies and other involved parties. 

Senators Kagan and Cooke, co-prime sponsors, explained HB18-1075 concerning the enactment of Colorado Revised Statutes 2017 as the positive and statutory law of the state of Colorado.

Senator Kagan, bill sponsor, explained SB18-037 concerning clarification of sentences for habitual criminals.  He reported that the bill attempts to remedy a serious problem regarding the sentencing of habitual offenders in the criminal justice system.  He provided examples of individuals who have received exceedingly long sentences under the current sentencing scheme for low-level felony crimes.  The bill removes provisions regarding the mandatory tripling of a sentence for certain offenses subject to habitual criminal statutes.  He also discussed the problems of plea bargains and trials when up against habitual criminal statutes. 

Cynthia Kowert, representing the Colorado Attorney General's Office, spoke in opposition to the bill.  She testified that defendants being charged with a third serious felony should receive commensurate punishments.  She answered questions from the committee about the little habitual statute, drug felonies, and long sentences for non-violent offenders.

Rich Orman, Chief Deputy District Attorney of the 18th Judicial District and Colorado District Attorneys' Council, testified in opposition to the bill.   He reported that there are a small number of habitual offenders in the prison system, and they represent the most serious cases. He relayed that judges already have the discretion to impose a lesser sentence and assured the committee that district attorneys are judicious with the application of the current habitual offender law.  He further explained the internal procedure a district attorney must follow to try someone as an habitual offender.

Dan May. District Attorney in the 4th Judicial Dstrict, testified against the bill.  He expressed concerns about sentencing reform bills when the crime rate is exploding.  He provided a history of past reforms and the impact on localities.  He emphasized that the habitual offenders serving prison time are there for serious crimes.  He answered questions from the committee about district attorney discretion, ethnicity and race, addiction, and current sentencing practices generally, and for habitual offenders, specifically. 

Fran Lanzer, representing Mothers Against Drunk Driving and Colorado Organization for Victim Assistance, spoke in opposition to the bill.  He discussed repeat drunk drivers and the need for increased penalties. 

Elizabeth Stone, representing herself, spoke in favor of the bill.  She testified that incarceration rates have skyrocketed, particularly since the war on drugs. She discussed mass incarceration, prison costs, and rehabilitation. 

Carrie Thompson, representing the Colorado Criminal Defense Bar, spoke in support of the bill.  She encouraged the committee to reconsider the value of excessively long sentences and provided examples of sentencing reforms in other states.  She further discussed the differences between felony filings and the crime rate.  

Lisa Wayne, representing the Colorado Criminal Defense Bar, testified in support of the bill.  She discussed racial disparity, implicit bias, and problems with relying on prosecutorial discretion.  

Tristan Gorman, representing the Colorado Criminal Defense Bar, spoke in support of the bill. He discussed incarceration costs and impact on taxpayers. 

Senator Kagan gave closing remarks.  Discussion followed regarding crime thresholds and habitual status.