S_JUD_2021A 03/04/2021 01:35:43 PM Committee Summary

Senator Gardner, bill sponsor, explained SB21-075, concerning supported decision-making agreements for adults with disabilities, and, in connection therewith, authorizing such agreements as an alternative for or supplement to a guardianship.  Senator Gardner discussed the differences between supported decision-making and guardianships.  He noted that this legislation legally recognizes supported decision-making as an alternative to guardianship.  He distributed Amendments L. 001 (Attachment A) and L. 002 (Attachment B). 

Christiano Sosa, representing The Arc of Colorado, testified in support of the bill. He discussed the benefits of supportive decision-making.  

Alison Butler, representing Colorado Office of Respondent Parents' Counsel, testified in support of the bill.  She described the benefits of supported decision-making. 

Bob Lawhead, representing Colorado Developmental Disabilities Council, testified in support of the bill.

 

Jennifer Levin, representing Disability Law Colorado, testified in support of the bill as an alternative to guardianship.

 

Amanda Lofgren, representing Department of Health Care Policy and Financing, testified in support of the bill.

 

Senator Gardner explained Amendment L. 001 (Attachment A) and the revisions it makes to the legislative declaration.  

Senator Gardner presented and discussed the need for Amendment L.002 (Attachment B) and made closing remarks. 

 

Written testimony can be found in Attachment C. 

Senator Gonzales took over as Chair so Senator Lee, bill sponsor, could present Senate Bill 21-062. 

 

Senator Lee explained Senate Bill 21-062, concerning measures to reduce jail populations.  He discussed the merits of the bill and the importance of making jails safer and less crowded.  He noted that the bill applies to low level offenses and made comparisons to arrest and incarceration policies during COVID.  He also discussed other aspects of the bill, including the elimination of cash bonds and sheriff authority to better manage the jail population.   

 

 

Committee members asked questions about the necessity of the bill.  Discussion ensued about crime rates before and during the pandemic. 

Mayor Mike Coffman, representing City of Aurora, testified in opposition to the bill. He raised concerns about the crime rate during COVID.  He answered questions about public safety, crime rates, and physical arrests. 

 

 

Rob Southey, representing Bankers Insurance Company, testified in opposition to the bill.  He discussed crime rates and accountability and answered questions about personal recognizance bonds and the bill's application to domestic violence perpetrators. 

Barbara Appel, representing self, testified in opposition to the bill. She raised concerns about the bill and discussed Boulder crime rates.  

Todd Reeves, representing City of Westminster, testified in opposition to the bill. He raised concerns about increasing crime rates and repeat offenders. 

 

Cory Christensen, representing Colorado Association of Chiefs of Police, testified in opposition to the bill. He discussed increased crime rates, including kidnapping and arson.  He answered questions about the stakeholder process and the Crime Victim Rights Act (VRA).  

Chief Maris Herold, representing Boulder Police Department, testified in opposition to the bill.  She discussed crime in Boulder and answered questioned about repeat victimization, community harm, increased gun purchases, and public safety.

Scott Wolfe PhD, representing self, testified in opposition to the bill. He expressed concerns about crime rates and taking power away from peace officers.  He answered questions about the correlation between crimes rates and physical arrests.

Russ Chandler, representing self, testified in opposition to the bill. He discussed motor vehicle theft and victims.

 

Doug Shoemaker, representing Grand Junction Police Department, testified in opposition to the bill. He discussed violent crime rates. 

 

Vincent Niski, representing Colorado Springs Police Department, testified in opposition to the bill.  He expressed concerns about crime victims and lost property and responded to questions about crime rates.  

Connie Brenton, representing self, testified in opposition to the bill. She noted the increase in crime on the Pearl Street Mall in Boulder. 

 

James Martin, representing Pueblo Police Department, testified in opposition to the bill. He discussed crime rates and taxpayer accountability. 

Dave Hayes, representing Louisville Police Department, testified in opposition to the bill. He noted concerns about victims and failure-to-appear rates (FTA). 

 

Amanda Terrell-Orr, representing self, testified in opposition to the bill. She discussed concerns as a property crime victim. 

Bob Dalley, representing DeBeque Marshall's Department from the Town of DeBeque, testified in opposition to the bill.  He raised points about the sheriff's authority, as outlined in the bill. 

 

 

Jason Lantagne, representing City of Westminster, testified in opposition to the bill.  He discussed probation violations, accountabilty, and FTAs.

C Chip, representing Downtown Boulder Partnership, testified in opposition to the bill. He expressed concerns that crime statistics are under-estimated and noted that the bill includes no diversion or restorative justice programs.

Jeff Clayton, representing ABC Bail Bonds, testified in opposition to the bill.  He discussed criminal histories and risk-assessment. 

 

Robert Frick, representing Colorado Municipal Judges Association, testified in opposition to the bill.  He discussed the sheriff's authority as outlined in the bill.

 

Dr. Christopher Centeno, representing self, testified in opposition to the bill. He discussed victims of crime. 

 

Vicki Quintavalle, representing self, testified in opposition to the bill. She discussed personal recognizance bonds and consequences.

Dianna Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill. She expressed concerns about lower level crimes escalating to crimes of violence.

 

Sheriff Steven Reams, representing Weld County Sheriff's Office, testified in opposition to the bill.

 

Mr. Chris Norris, representing self, testified in opposition to the bill.

Robert Mess, representing self, testified in opposition to the bill. He discussed concerns about crime as a business owner on the Pearl Street Mall in Boulder.

 

Jon Banis, representing self, testified in opposition to the bill. He discussed public safety and the Pearl Street Mall in Boulder.

 

Sheriff Brett Schroetlin, representing Grand County Sheriff's Office, testified in opposition to the bill.

 

The Committee recessed.

Alexis King, representing self, testified in support of the bill. As the district attorney in the First Judicial District, she explained her reasons for supporting the bill and emphasized that it does not apply to violent crimes.

 

Beth McCann, representing self, testified in support of the bill.  As the district attorney in the city and county of Denver, she explained her reasons for supporting the bill and noted its application to lower level non-violent offenders.

 

Alonzo Payne, District Attorney in the 12th Judicial District, testified in support of the bill.

 

The district attorneys answered questions about repeat offenders, personal recognizance bonds, domestic violence, and VRA crimes.  Discussion followed about the interpretation of the bill and domestic violence. 

Commander Chad Bingham, representing the Jefferson County Sheriff's Office, testified from a neutral position on the bill.  He discussed amendments to strike a balance on felony arrests. 

 

Polly Lawrence, representing the County Sheriffs of Colorado, testified from a neutral position on the bill.

Denise Maes, representing ACLU-CO, testified in support of the bill. She discussed crime rates and addressed some of the concerns raised in opposition testimony. 

 

Rebecca Wallace, representing ACLU-CO, testified in support of the bill. She walked the committee through the bill and stressed that it does not apply to high level felonies or domestic violence related crimes. 

 

 

The committee asked questions about the origin of the bill and the stakeholder process.

Natalia Marshall, representing herself, testified in support of the bill. She explained that her uncle was arrested on a trespassing charge and died in custody.  She expressed concerns about jailing people with mental illness for low level crimes.

 

Eva Frickle, representing Colorado Freedom Fund, testified in support of the bill.

Y.E. Scott, representing herself, spoke in favor of the bill.  She discussed pretrial arrests and the disporportionate representation of people of color in the criminal justice system. 

 

Mr. Philip Cherner, representing Sam Cary Bar Association, testified in support of the bill. He discussed pretrial status and the over-representation of people of color in jail. 

 

The committee asked questions about public safety, conditions of bail, and crime rates. 

 

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.  She discussed presumption of innocence, money bail, and plea bargains. 

 

Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed cash bonds and personal recognizance bonds. 

 

The committee asked questions about the differences between personal recognizance and cash bonds and engaged in a discussion about jail abolition. 

 

 

June Fraser-Thistle, representing self, testified in support of the bill. She discussed her son, jail, and addiction issues.    

 

Linda Passamaneck, representing self, testified in support of the bill. She discussed her sister's suicide in jail after being arrested for a low level crime. 

Lafonia Baker, defense attorney in Jefferson County, testified in support of the bill. She discussed how the bill protects the integrity of the criminal justice system. 

 

Dana Steiner, representing self, testified in support of the bill.

 

Michael Peterson, representing self, testified in support of the bill.

Maureen Cain, representing Office of the State Public Defender, testified in support of the bill. She discussed the ineffectiveness of monetary bonds.

 

Sean Smith, representing La Plata County Sheriff's Office, testified in support of the bill.

 

Carrie Roberts, representing Law Enforcement Action Partnership, testified in support of the bill.

 

Discussion followed about sheriff authority and chief judge directives. 

 

 

Lauren Snyder, representing Mental Health Colorado, testified in support of the bill. She discussed competency to proceed.  

 

Gail Johnson, representing self, testified in support of the bill. She discussed pretrial status of jail detainees.

 

Andrew McNulty, representing Lawyers Civil Rights Coalition, testified in support of the bill. He discussed civil rights. 

Roger Butts, representing Interfaith Alliance, testified in support of the bill.

Julie Reiskin, representing Colorado Cross-Disability Coalition, testified in support of the bill.

 

Kelly McCullough, representing Disability Law Colorado, testified in support of the bill.

 

Dr. Apryl Alexander, representing Black Lives Matter 5280, testified in support of the bill.

Aurora Councilmember Alison Coombs, representing self, testified in support of the bill.

 

Jackson Galloway, representing self, testified in support of the bill.

 

Andrew Benham, representing self, testified in support of the bill.

 

Kristin Mallory, representing herself, testified in support of the bill.

 

Katie Farnan, representing self, testified in support of the bill.

Mrs. Brittany Fritsch, representing self, testified in support of the bill.

 

Jena Reed, representing self, testified in support of the bill.

 

Carrie Murphy, representing self, testified in support of the bill.

Tanya Roussy, representing self, testified in support of the bill.

 

Mikayla Torres, representing self, testified in support of the bill.

 

Mr. Wilfred Romero, representing The Arc Pikes Peak Region, testified in support of the bill.

 

Jamie Ray, representing Second Chance Center , testified in support of the bill.

 

Anna Crawford, representing Women's Lobby of Colorado , testified in support of the bill.

Mary Harper, representing herself, testified in support of the bill.

 

Senator Gonzales acknowedged submitted written testimony (Attachment D).

 

Senator Lee presented and explained Amendment L. 001 (Attachment E). 

Senator Lee presented and explained Amendments L.002 and L.003 (Attachments F and G).  He discussed the stakeholder process.   

Rebecca Wallace returned to the table and further explained the amendments, addressing topics such as warrantless arrests, alcohol related driving offenses, and sex offender registration. 

Senator Cooke presented and explained Amendment L. 004 (Attachment H) about court appearances and fleeing defendants. 

Senator Lee made closing remarks. 

Senator Jaquez Lewis, co-prime sponsor, explained Senate Bill 21-078, concerning the responsibility of an individual firearm owner to report a missing firearm.  She discussed stolen guns and gun violence. 

 

Committee discussion followed about the impact of the bill and the $25 associated fine if a person fails to report a lost or stolen gun.

 

Senator Danielson, co-prime sponsor, discussed firearm theft and building awareness about the scope of the problem. 

 

Committee members asked questions about serial numbers and other identifying information. 

 

 

Senator Jaquez Lewis read a statement of support into the record from Boulder Police Chief Maris Harold. 

 

Allison Anderman, representing Giffords Law Center to Prevent Gun Violence, testified in support of the bill.  She noted that reporting lost or stolen guns is not a Second Amendment issue. 

 

Beth McCann, District Attorney of the city and county of Denver, testified in support of the bill.  She discussed how stolen guns are more likely to remain in circulation if not reported. 

Carl Hamm, representing Colorado Ceasefire, testified in support of the bill. He explained that most stolen guns go unreported.

 

Peter Fogg, representing Colorado Faith Communities United to Prevent Gun Violence, testified in support of the bill. He discussed juvenile crime and stolen guns.

 

Emily Engelhaupt, representing Giffords Gun Owners for Safety, testified in support of the bill. She noted the benefits of reporting lost or stolen guns.

 

Ms. Ana Thallas, representing self, testified in support of the bill. She relayed how her daughter was murdered with a stolen gun.

Everett Volk, representing Giffords Gun Owners for Safety, testified in support of the bill.

 

Mary Parker, representing self, testified in support of the bill.  She discussed how stolen and lost guns should be a nonpartisan concern.

 

Committee discussion followed about more stringent penalties for individuals who commit crimes with lost or stolen guns. 

 

Lillian Veits, representing March for our Lives/ Gun Violence Prevention, testified in support of the bill.

Lesley Hollywood, representing Rally for our Rights, testified in opposition to the bill. She raised issues about firearm recovery. 

 

Mr. Ronald Dietz, representing self, testified in opposition to the bill.

 

Mario Acevedo, representing self, testified in opposition to the bill.

 

Frances Stroud, representing March For Our Lives Colorado, testified in support of the bill.

 

Dave Kopel, representing self, testified in opposition to the bill.

Michael Stapleton, representing self, testified in opposition to the bill.

 

Senator Lee acknowledged submitted written testimony (Attachment I).

 

The mother of Ana Thallis, testified in support of the bill.

 

Committee discussion followed about the bill's application. 

 

 

Senator Jaquez Lewis made closing comments. 

Senator Danielson made a closing statement.

 

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