S_JUD_2018A 11/29/2018 09:36:03 AM Committee Summary

Senator Gardner called the meeting to order. 

Stephane Villafuerte, Child Protection Ombudsman, and Jordan Steffen, Deputy Ombudsman, appeared before the committee in accordance with the SMART Government Act and Joint Rule 25.  Copies of the agency's Powerpoint presentation (Attachment A) and strategic plan (Attachment B) were distributed to committee members.  Ms. Villafuerte provided a history of the agency, including its responsibilities and jurisdiction.  Ms. Villafuerte responded to questions about tracking cases, parental rights, information sharing, and reporting requirements.

There was no public testimony.  

Leora Joseph, Depurty Chief of Staff of the Department of Law, appeared before the committee in accordance with the SMART Government Act and Joint Rule 25.  The following documents were distributed to committee members:  funding request (Attachment C), regulatory agenda (Attachment D), and strategic plan (Attachment E).  Ms. Joseph introduced staff members from the various sections in the Department of Law.  She noted departmental accomplishments, including lawsuits involving big pharma, drug trafficking (Operation White Whale), and consumer protection and cyber crime, as well as the Safe2Tell program.

There was no public testimony.

Stan Hilkey, Executive Director of the Department of Public Safety appeared before the committee in accordance with the SMART Government Act and Joint Rule 25. He distributed the following documents to the committee:

• SMART Act hearing presentation (Attachment I);
• Regulatory Agenda (Attachment J);
• Strategic Policy Initiatives (Attachment K);
• Performance Plan (Attachment L);
• 2019 Legislative Priorities (Attachment M); and,
• Decision Item Summary (Attachment N).

Mr. Hilkey explained the agency's background, accomplishments, and customer service initiatives.  He answered questions about firearm application denials.  Mr. HIlkey next discussed budget requests, as well as the agency's legislative and regulatory agenda.  Committee members raised questions about hate crimes and the need for training to ensure that jurisdictions are labeling crimes correctly. 

John Camper, Director of the Colorado Bureau of Investigation (CBI) in the Department of Public Safety, answered committee questions about black market marijuana investigations.  Mr. Camper also highlighted CBI achievements and customer service initiatives, as well as provided an update on identity theft and the financial fraud unit. 

Chief Matt Packard of the Colorado State Patrol in the Department of Public Safety next discussed strategic policy initiatives, as well as the reduction in the number of fatal and injury crashes across the state.  Discussion followed about the effectiveness of public campaigns and community engagement.  

Mike Morgan, Director of the Division of Fire Prevention and Control in the Department of Public Safety, discussed the division's strategic policy initiatives and the challenging fire season this past summer.  In answer to committee questions, Mr. Morgan said that the increase in fires is due to a number of factors, including, but not limited to, people living closer to wildland-urban interfaces, population increase, climate change, and drought.  The committee asked questions about slash and burns and other mitigation opportunities.  Mr. Morgan also commented on working with federal and local agencies in an effort to curtail fires.  Director Hilkey suggested a need for a state fire commission.  The committee discussed pine beetle mitigation and managing fires with a more aggressive and integrated approach. 

Kevin Klein, Director of the Division of Homeland Security and Emergency Management in the Department of Public Safety, discussed the various offices in the division.  He also covered strategic policy and customer service initiatives, as well as achievements and successes.  He noted that CBI and the Division of Homeland Security work in the same facility.  

Joe Thome, Director of the Division of Criminal Justice, provided the committee an overview of the division, as well as covered strategic policy initiatives, achievements, and successes.  Committee members asked questions about the Sex Offender Management Board (SOMB).  Mr. Thome responded that an independent entity is looking at SOMB by-laws and determining potential conflicts of interest.  He also noted that the SOMB is looking internally at polygraph testing.  Questions were raised about the movement of offenders from the Department of Corrections to community corrections, as well as a performance-based evaluation of community corrections.  Mr. Thome discussed an incentivized community corrections system and geographic issues in terms of placements.  The committee discussed the number of referrals in relation to the actual number of available beds. 

Mr. Stan Hilkey, Chair, and Mr. Joe Thome, Interim Vice Chair, of the Colorado Commission on Criminal and Juvenile Justice (CCJJ), briefed the committee pursuant to the SMART Government Act and Joint Rule 25. Committee members received a packet of slides forming the basis of the presentation (Attachment O), and a table showing legislation presented to the General Asssembly (Attachment P). Mr. Hilkey and Mr. Thome discussed the CCJJ task forces and subcommittees, including the mental health in jails task force and the pretrial release task force. 

The following individuals appeared before the committee on behalf of the Office of the State Public Defender:  Megan Ring, Colorado State Public Defender; Karen Taylor, First Assistant Public Defender; Maureen Cain, Director of Legislative Policy and Organizational Communication; and, Karen Porter, Chief Financial Officer.   A document entitled Annual Hearing was distributed to the committee (Attachment H).  Ms. Ring provided an overview of the office and the budget request.   Committee members asked question about salaries.  Discussion ensued about the increase in felony case filings, pre-sentencing practices, and bail.  Ms. Cain discussed the number of filing increases for drug-related crimes, including meth and multi-drug, as well as violent crime and aggravated assault, and motor vehicle theft.  The committee discussed related policy choices in these areas. 

There was no public testimony.

Darren Cantor, Deputy Director of the Office of the Alternate Defense Counsel (ADL), appeared before the committee in accordance with the SMART Government Act and Joint Rule 25.  The annual report to the Joint Judiciary Committee and associated Powerpoint presentation were distributed to members (Attachment F and G).  Mr. Cantor discussed the origin and mission of ADL and answered questions about prosecutorial choices.  He next explained the budget request and its relation to the caseload increase.   He also discussed the social worker program and answered questions about it.  The committee asked further questions about the hourly rate of attorneys and social workers providing services for ADL, contracts, and liability insurance and immunity.  Mr. Cantor expressed concerns about staff retention, especially in the rural areas. He reported that ADL Is working with University of Denver law students for rural needs.

There was no public testimony.