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S_JUD_2020A 02/19/2020 01:37:14 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/19/2020
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales *
Lee X
Time 01:37:14 PM to 06:10:53 PM
Place SCR 354
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB20-129 Amended, referred to the Committee of the Whole - Consent Calendar
SB20-076 Amended, referred to Senate Appropriations
HB20-1026 Referred to Senate Appropriations
SB20-080 Referred to the Committee of the Whole

X = Present, E = Excused, A = Absent, * = Present after roll call

SB20-129 - Amended, referred to the Committee of the Whole - Consent Calendar


01:37:32 PM  

Senator Holbert, co-prime sponsor, explained Senate Bill 20-129, concerning the protection of individuals subject to a fiduciary.

 

Letitia Maxfield, representing the Colorado Bar Association, testified in support of the bill.  She discussed the need for the bill and guardianship issues. 

 

Senator Ginal, co-prime sponsor, discussed protections for the elderly and relayed an experience between a relative and a guardian.

 

Rob Hernandez, representing himself, testified in support of the bill. 

 

Maureen Welch, representing herself, spoke in support of the bill.

 

Mindy Gates, representing the Colorado Department of Human Services, testified in opposition to the bill, as introduced.

 

Senator Holbert introduced and distributed Amendments L.003 and L.004 (Attachments A and B). 



01:55:08 PM
Motion Adopt amendment L.003 (Attachment A)
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales Excused
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


01:55:54 PM
Motion Adopt amendment L.004 (Attachment B)
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales Excused
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
01:55:56 PM  

Senator Holbert made closing remarks. 



01:56:53 PM
Motion Refer Senate Bill 20-129, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Excused
Lee Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB20-076 - Amended, referred to Senate Appropriations

01:57:23 PM  

Senator Lee, sponsor, explained SB20-076, concerning parole eligibility for an offender who committed an offense between eighteen and twenty-five years of age.  He discussed brain development, second chances, and redemption.  He summarized sections of the bill and emphasized the the bill does not grant automatic parole but rather offers a chance if certain expectations are met.  He further covered best practices and second-look provisions. 

 

02:11:51 PM  

Majid Mohammed, representing Interfaith Alliance, testified in support of the bill. He discussed time spent in prison and his transformation with mentors, college courses, and guidance. 

 

Rich Gianzero, representing Interfaith Alliance, testified in support of the bill. He relayed a personal experience of prison time and how the bill offers hope for youthful offenders. 

02:20:54 PM  

Reverend Corbin Tobey Davis, representing Interfaith Alliance, testified in support of the bill. He discussed trauma and second chances.

 

Reverend Joanne Buchanan Brown, representing Interfaith Alliance, testified in support of the bill. She discussed her work as a prison chaplain. 

 

The committee discussed decisions made in youth.

02:31:47 PM  

Bruce Brown, District Attorney of the 5th Judicial District, testified in opposition to the bill. He discussed victims and the importance of certainty in the law.

 

John Kellner, speaking on behalf of the 18th Judicial District, testified against the bill. He discussed victims and  how young adults often have long rap sheets.

 

Christian Gardner Wood, testifying on behalf of the Boulder County District Attorney's Office, testified in opposition to the bill.  He expressed concerns about the retrospective nature of the bill and victims. 

 

Tom Raynes, representing the Colorado District Attorneys' Council, spoke against the measure. He expressed concerns about judicial discretion, victims, and the bill's retroactive application.

02:47:54 PM  

Committee members asked questions of the district attorney panel. 

02:48:51 PM  

Beth McCann, Denver County District Attorney, testified in support of the bill. She discussed brain development and disproportionate sentences. 

 

Discussion followed about victims and prison time computation.  

 

 

02:59:03 PM  

A pre-recorded video was played of inmates Raymond Johnson and Robbie Valenzuela, testifying in support of the bill.  They discussed the positive benefits of their paricipation in the Juveniles Convicted as Adults Program (JCAP). 

03:08:21 PM  

Sterling Harris, representing Colorado Organization for Victim Assistance, testified in opposition to the bill.  She expressed concerns about crime victims, the age span outlined in the bill, and the retrospective aspect of it. 

 

Ray Harlan, representing Colorado Victims for Justice, testified against the measure. He discussed problems with the bill from a victim perspective. 

 

Discussion followed about competing perspectives on crime and punishment and legislative investment in victims. 

03:24:21 PM  

A pre-recorded video was played of inmates Anders Salas and Eric Davis, testifying in support of the bill.  They discussed the importance of the bill and benefits of JCAP.  

03:35:15 PM  

Jeff Johnson, representing Second Chance Center, testified in support of the bill. He discussed time in prison for a murder he did not commit and restorative justice.

 

Yolanda Dandridge, representing herself, testified in support of the bill. She discussed trauma and brain development.

 

Sean Taylor, representing Second Chance Center, testified in support of the bill. He discussed the benefits of services and treatment. 

 

Committee discussion ensued about long sentences, trauma, brain development, and public safety.

03:49:55 PM  

Jasmine Ross, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill.   She discussed young people and decision-making skills.

 

Anthony Quintana, representing himself, testified in support of the bill. He provided a copy of his testimony (Attachment C) and discussed his son in prison. 

 

Mary Beth Smollon, representing herself, testified in support of the bill. She discussed her son in prison and being a victim herself.  She stressed that not every victim wants punishment.

04:05:57 PM  

A pre-recorded video was played of inmates Nathan Lucero and Cullen Barnes, testifying in support of the bill.  They discussed JCAP and how the program changed maladaptive thoughts and behaviors, as well as helped with life skills.

04:14:44 PM  

Vida Stallter, representing herself, testified in favor of the measure.  She provided a handout of her testimony (Attachment D) and discussed her son's incarceration. 

 

T'Nans Nieto, representing himself, testified in support of the measure. He discussed his father's incarceration.

04:23:13 PM  

Sam Thomas, representing himself, testified in favor of the bill. 

 

Seth Godfrey, representing himself, testified in support of the bill.

 

Dawn Kantrud, representing herself, testified in support of the bill. She read a letter on behalf of an incarcerated individual. 

 

Stephen Kantrud, representing himself, testified in support of the bill.

04:37:10 PM  

Joshua Aarness, representing himself, testified in support of the bill.

 

Elise Logeman, representing the American Civil Liberties Union, testified in support of the bill. She discussed brain development, restorative justice, and JCAP.

 

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed false dichotomies between victims and defendants.

 

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. She discussed JCAP, reintegration, and constantly changing criminal justice laws. 

04:55:35 PM  

Senator Lee distributed and explained Amendments L.001 and L.002 (Attachments E and F).  

 

Committee discussed followed whether Amendment L. 001 fits within the bill title. 



04:58:32 PM
Motion Adopt amendment L.001 (Attachment E)
Moved Lee
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn


04:58:54 PM
Motion Adopt amendment L.002 (Attachment F)
Moved Lee
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:58:55 PM  

Senator Lee made closing remarks.  He discussed JCAP program benefits, safety, best practices, and restorative justice. 

 

Committee members expressed their reasons for supporting or opposing the bill. 



05:21:45 PM
Motion Refer Senate Bill 20-076, as amended, to the Committee on Appropriations.
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1026 - Referred to Senate Appropriations


05:22:23 PM  

Senators Gardner and Fields, co-prime sponsors, explained HB20-1026, concerning the creation of a twenty-third judicial district.  The discusssed population growth and the need for a new judicial district.  They answered questions from the committee about timing and other logistics. 

05:46:15 PM  

Amy Attwood, representing Douglas County, testified in support of the bill.

 

Greg Romberg, representing Arapahoe County, testified in favor of the bill.

05:53:11 PM  

Senator Fields made closing remarks. 



05:55:19 PM
Motion Refer House Bill 20-1026 to the Committee on Appropriations.
Moved Gardner
Seconded
Cooke Excused
Gardner Yes
Rodriguez Yes
Gonzales Excused
Lee Yes
Final YES: 3   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



SB20-080 - Referred to the Committee of the Whole


05:55:35 PM  

Senator Rodriguez, sponsor, explained SB20-080, concerning amending the "Colorado Consumer Protection Act" to increase the damages for which a plaintiff is eligible. 

 

Amy Attwood, representing the Civil Justice League, testified in opposition to the bill. 

 

A letter in opposition to the bill from Theresa Wardon Benz  was added to the record (Attachment G).   

 

Senator Rodriguez wrapped up and said that he would work on amendments with stakeholders. 



06:10:42 PM
Motion Refer Senate Bill 20-080 to the Committee of the Whole.
Moved Rodriguez
Seconded
Cooke Excused
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS


06:10:53 PM   The committee adjourned.






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