139C49F60A7FDB71872583E70080B69D Hearing Summary

The committee recessed.

The committee returned to order. Representatives Herod and Gonzales-Gutierrez, prime sponsors, presented Senate Bill 19-191, concerning defendants' rights related to pretrial bond.  The sponsors explained the effect of the bill and discussed its need. Discussion ensued regarding potential costs associated with the bill at the local and judicial district levels, and the position of certain entities on the bill.

The following persons testified regarding SB 19-191:

Ms. Allison Daley, representing Colorado Counties, Inc., testified in opposition to the bill. Ms. Daley discussed the cost impact of certain provisions in the bill on counties.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Lane objected to the 48-hour bond hearing provision in the bill, and suggested some amendments to the bill.

Mr. Jim Bullock, representing the Sixteenth Judicial District, testified in opposition to the bill. Mr. Bullock discussed the workload that the bill would impose upon his district. Mr. Lane responded to questions regarding his proposed amendments. Mr. Bullock responded to questions regarding his district's workload under the bill. Mr. Lane responded to questions regarding certain jurisprudence invoked by the bill. Mr. Bullock responded to questions regarding the conduct of bond hearings. Mr. Lane responded to questions regarding bond schedules. Discussion returned to the workload in the Sixteenth Judicial District and other rural areas. Discussion ensued regarding 48-hour bond hearing rules in other jurisdictions. Mr. Bullock discussed the financial ramifications of the bill for his district.

Ms. Denise Maes, representing the ACLU, testified in support of SB 19-191. Ms. Maes discussed due process rights, and the position of stakeholders on the bill.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Committee members received a spreadsheet tabulating jail populations (Attachment C). Ms. Wallace discussed the impact of waits for bond hearings on jail overcrowding. She rebutted claims made during earlier testimony.

Ms. Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed delays in the bail process, and the pretrial population in jails. Discussion ensued regarding weekend staffing for courts, and certain jurisprudence associated with the bill. Ms. Maes responded to questions regarding concessions for rural counties. Discussion followed regarding the position of victims on the bill. Discussion returned to the timing of court activity in rural areas, and associated burdens under the bill.

Ms. Jasmine Still, representing herself, testified in support the bill. Ms. Still discussed an instance of being held in jail for a lengthy pretrial period.

Ms. Jennifer Roberts, representing the Colorado Cross Disability Coalition, testified in support of the bill. She discussed instances of those with disabilities being held in jail.

Mr. Jeff Clayton, representing the American Bail Coalition, testified in support of the bill.

Mr. Robert Southey, representing Bankers Insurance Company, testified in support of the bill. He addressed earlier discussion about jurisprudence surrounding the bill.

Mr. Jeff Swanson, representing himself, testified in support of SB 19-191. Mr. Swanson discussed an incident of being held in jail custody.

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman outlined certain rules and laws governing pretrial release. Discussion ensued regarding the conduct of bond hearings. Ms. Gorman responded to questions regarding a proper time frame for requiring bond hearings.  The chair laid over SB 19-191.