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S_JUD_2023A 04/17/2023 01:46:25 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/17/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales X
Time 01:46:25 PM to 05:48:43 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB23-1108 Amended, referred to Senate Appropriations
HB23-1100 Amended, referred to the Committee of the Whole
HB23-1042 Amended, referred to Senate Appropriations
SB23-164 Amended, referred to Senate Appropriations
SB23-194 Lay Over

HB23-1108 - Amended, referred to Senate Appropriations


01:46:41 PM  

Senators Hansen and Gardner, co-prime sponsors, recapped the hearing on House Bill 23-1108, victim and survivor training for judicial personnel, held on April 5, 2023. 

 

The bill sponsors distributed Amendmend L.006, which aligns provisions in this bill to those inSenate Bill 23-194, improve domestic relations judicial proceedings (Attachment A).

 

01:51:33 PM  

Committee members asked questions about the membership of the proposed task force to make recommendations about vicitm and survivor training for judicial personnel.  Further discussion ensued about related timelines for the recommendations.  Additional questions were raised about where the task force will be housed.

 

 

01:59:31 PM  

Committee discussion folllowed about separation of powers and buy-in from the Judicial Department. 



02:06:37 PM
Motion Adopt amendment L.006 (Attachment A)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:07:38 PM
Motion Refer House Bill 23-1108, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1100 - Amended, referred to the Committee of the Whole


02:08:02 PM  

Senators Gonzales and Jaquez Lewis, co-prime sponsors, explained House Bill 23-1100, concerning restrictions on governmental participation in civil immigration detention.  The sponsors explained that the bill prohibits state and local governments from entering into or renewing contracts that would house or detain individuals for federal civil immigration purposes. 

02:16:56 PM  

Commissioner Dan Williams, representing Teller County CO, testified to amend the bill.

Mr. Erik Stone, representing Teller County, testified in opposition to the bill.

Sheriff Jason Mikesell, representing Teller County CO, testified to amend the bill.

Committee discussion ensued about the immigration enforcement contract between Teller County and the federal government and oversight issues.  Committee members asked questions about contract provisions. 

02:29:09 PM  

Further questions were raised about the detainee population and reimbursement rates.  Discussion continued about civil warrants. 

02:44:12 PM  

Milagros Chavez, representing themself, testified in support of the bill.

Ms. Harriet Mullaney, representing themself, testified in support of the bill.

Monica Perez Valdovinos, representing Colorado Immigrant Rights Coalition, testified in support of the bill.

Crystal Murillo, representing Colorado People's Alliance, testified in support of the bill.

Mark Fleming, representing National Immigrant Justice Center, testified in support of the bill.

Committee members asked questions about how other states handle civil immigration detainees. 

 

 

03:06:57 PM  

Alejandra Portillos, representing themself, testified in support of the bill.

Ms. Britany Lopez , representing themself, testified in support of the bill.

Debora Silva Viana, representing themself, testified in support of the bill.

Rev. Gary Weaver, representing Together Colorado, testified in support of the bill.

03:22:15 PM  

Mrs Laura Peniche, representing themself, testified in support of the bill.

Nayda Benitez, representing Colorado Immigrant Rights Coalition, testified in support of the bill.

Ms. Isabel Alvarado, representing The Colorado Statewide Parent Coalition, testified in support of the bill.

Ms. Tessa Bailon Armendariz, representing themself, testified in support of the bill.

Ms Vallerie Bustamante, representing Stand for Children, testified in support of the bill.

03:36:40 PM  

Mr. Doug Nelson, representing themself, testified in support of the bill.

Lesley Chavarria, representing American Civil Liberties Union of Colorado, testified in support of the bill.

Dr. Elizabeth Kiehne, representing themself, testified in support of the bill.  She distributed a research brief (Attachment B). 

Annie Kurtz, representing ACLU of Colorado, testified in support of the bill.

03:54:07 PM  

Dr. Jean Demmler, representing Colorado Council of Churches and Denver Presbytery, testified in support of the bill.

Carolina Diaz, representing themself, testified in support of the bill.

Dr. Michael Neil, representing Colorado People's Alliance, testified in support of the bill.

04:04:47 PM  

Senator Roberts distributed Amendment L.009, which terminates contracts at an agreed upon date (Attachment C). 

 



04:06:05 PM
Motion Adopt amendment L.009 (Attachment C)
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez No
Gonzales No
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:06:08 PM  

The bill sponsors made closing comments.



04:10:46 PM
Motion Refer House Bill 23-1100, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1042 - Amended, referred to Senate Appropriations


04:11:11 PM  

Senator Gonzales, bill sponsor, explained House Bill 23-1042, admissibility standards for juvenile standards.  She explained that the bill will create higher standards of admissibility of information obtained during a youth interrogation and that it be recorded. 

04:14:19 PM  

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill.

Jefferey Riester, representing Department of Law, testified in support of the bill.

Mr. Mark Fallon, representing Project Aletheia at John Jay College of Criminal Justice, testified in support of the bill.

Mr. James Trainum, representing themself, testified in support of the bill.

04:26:31 PM  

Deputy Director Dan Volz, representing Colorado Bureau of Investigations, testified to amend the bill.

Committee members asked questions about exigent circumstances and practices in other states. 

 

04:32:02 PM  

Jeanne Segil, representing Korey Wise Innocence Project, testified in support of the bill.

Zareen, representing themself, testified in support of the bill.

Devin Morris Jr, representing themself, testified in support of the bill.

Ashok Vasan, representing KWIP, testified in a neutral position on the bill.

Committee members asked questions about the bill in relation to school resource officers. 

 

04:49:06 PM  

Charles Hubbard, representing themself, testified in support of the bill.

Ms. Bri Buentello, representing themself, was available to answer committee questions.

Mr Lorenzo Montoya, representing themself, testified in support of the bill.

04:58:59 PM  

Mrs Sharon Battle, representing Together Colorado, testified in support of the bill.

Dawn Reinfeld, representing Blue Rising, testified in support of the bill.

Mrs. Amber Doggett, representing themself, testified in support of the bill.

Ms. Ann Roan, representing Colorado Criminal Defense Bar, testified in support of the bill.

Committee members asked questions about exigent circumstances and voluntary statements. 

 

 

05:17:34 PM  

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Ms. Dawn Fritz, representing Colorado Parent Teacher Association, testified in support of the bill.

05:22:19 PM  

Mr. Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), was available to answer committee questions.

05:24:36 PM  

Senator Roberts distributed and explained Amendment L.016, which specifies the bill's application in trials (Attachment D).



05:26:52 PM
Motion Adopt amendment L.016 (Attachment D)
Moved Roberts
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:27:10 PM  

Senator Gardner distributed and explained L.020, which makes exceptions in emergency situations (Attachment E). 



05:28:43 PM
Motion Adopt amendment L.020
Moved Gardner
Seconded
Gardner Yes
Roberts No
Van Winkle Yes
Rodriguez No
Gonzales No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
05:29:08 PM  
Senator Gonzales made closing comments.


05:29:56 PM
Motion Refer House Bill 23-1042, as amended, to the Committee on Appropriations.
Moved Gonzales
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-164 - Amended, referred to Senate Appropriations


05:32:08 PM  

Senators Gardner and Gonzales, co-prime sponsors, brought forth Senate Bill 23-164, sunset process Sex Offender Management Board, for action only.  They recapped the hearing from March 22, 2023. 

Senator Gardner distributed Amendment L.029, which requires the Department of Corrections to study the backlog of inmates needing sex offender treatment (Attachment F). 

 

 



05:35:03 PM
Motion Adopt amendment L.029 (Attachment F)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:35:25 PM  

Senator Gardner distributed and explained Amendment  L.033, which addresses risk assessments, in addition to other technical changes (Attachment G). 



05:36:40 PM
Motion Adopt amendment L.033 (Attachment G)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:37:04 PM  

Senator Gardner distributed and L.035, which requires another sunset review in 5 years (Attachment H). 



05:37:25 PM
Motion Adopt amendment L.035 (Attachment H)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:37:50 PM  

Senator Gardner distributed and explained Amendment L.023 , which addresses the list of treatment providers (Attachment I). 



05:38:52 PM
Motion Adopt amendment L.023 (Attachment I)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:39:08 PM  

Senator Gonzales distributed and discussed Amendment L.031, which allows an offender to change treatment provides one time (Attachment J). 



05:39:31 PM
Motion Adopt amendment L.031 (Attachment J)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:39:49 PM  

Senator Gonzales distributed and explained Amendment L.024, which addresses the sex offender evaluation process (Attachment K). 



05:40:31 PM
Motion Adopt amendment L.024 (Attachment K)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:40:50 PM  

Senator Gonzales distributed and explained Amendment L.025, which clarifies certain definitions (Attachment L). 



05:41:27 PM
Motion Adopt amendment L.025 (Attachment L)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:41:43 PM  

Senator Gonzales distributed and explained Amendment L.032, which makes technical changes (Attachment M). 



05:42:00 PM
Motion Adopt amendment L.032 (Attachment M)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:42:16 PM  

Senator Gonzales distributed Amendment L.026 , which makes conforming changes (Attachment N). 



05:42:30 PM
Motion Adopt amendment L.026 (Attachment N)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:42:47 PM  

Senator Gonzales distributed Amendment L.027, which addresses equity, diversion, and inclusion (Attachment O).



05:43:25 PM
Motion Adopt amendment L.027 (Attachment O)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:43:44 PM  

Senator Gonzales distributed L.30, which addresses sex offender treatment providers in the Department of Corrections (Attachment P). 



05:43:58 PM
Motion Adopt amendment L.030 (Attachment P)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:44:18 PM  

Senator Gonzales distributed Amendment L.036, which addresses collaboration between the Sex Offender Management Board and the Division of Parole (Attachment Q).  



05:44:37 PM
Motion Adopt amendment L.036 (Attachment Q)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:44:53 PM  

Senator Gonzales distributed Amendment L.037, which addresses parole reporting guidelines (Attachment R). 



05:45:20 PM
Motion Adopt amendment L.037 (Attachment R)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:45:49 PM  

The bill sponsors made closing remarks and thanked the stakeholders. 



05:47:54 PM
Motion Refer Senate Bill 23-164, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-194 - Lay Over


05:47:59 PM  
Submitted written testimony for House Bill
23-1100 may be found in Attachment S.


Submitted written testimony for House
Bill 23-1042 may be found in Attachment T.


 

 

 


05:48:43 PM   The committee adjourned.






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