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83A8AFB7B4C9432B87258822006BE6A7 Hearing Summary




PUBLIC
BILL SUMMARY For HB22-1326

HOUSE COMMITTEE ON JUDICIARY
Date Apr 12, 2022      
Location Old State Library



HB22-1326 - Committee Discussion Only


01:38:38 PM  
The committee was called to order. A quorum was present. Representative Weissman, Chair, explained some protocols that would be observed during the hearing. Representatives Garnett and Lynch, prime sponsors, presented House Bill 22-1326, concerning measures to address synthetic opiates, and, in connection therewith, changing the criminal penalties associated with synthetic opiates; using a substance abuse assessment to direct appropriate treatment at sentencing; providing opiate antagonists in the community; providing synthetic opiate detection tests in the community; creating immunity for furnishing synthetic opiate detection tests; providing treatment for persons in the criminal justice system; developing a fentanyl prevention and education campaign; providing funding for substance abuse and harm reduction; evaluating the substance abuse and harm reduction needs across the state; and requiring a post-enactment review of the implementation of this act. Representative Garnett explained the effect of the bill and discussed its need. Representative Lynch provided additional inputs on the merits of the legislation. Representative Herod made comments about the criminalization of controlled substances, and how best to address fentanyl-related issues.
02:02:00 PM  
Speaker Garnett responded
to questions regarding funding for programming in HB 22-1326, and the "good
Samaritan" provision in the bill.  Speaker Garnett responded
to further questions regarding substance abuse treatment in community corrections.
 Aaron Carpenter, Legislative Council Staff, responded to questions
regarding the fiscal impact of the bill.  Written testimonoy may be
found in Attachment A.
02:14:21 PM  
Matt Riviere, representing himself, testified in support of HB 22-1326.

Jessica Chavez, representing herself, testified in support of the bill.

Rachel Compton, representing herself, testified in support of the bill.

Mr. Riviere and Ms. Chavez responded to questions regarding provisions in the bill concerning penalties for possession of fentanyl. Ms. Compton responded to questions regarding her previous knowledge of fentanyl, and her evasion of arrest during a time when she was using drugs.

02:36:37 PM  
Bryon Adinoff, representing
the Colorado Psychiatric Society, testified on HB 22-1326 from an "amend"
position.  



Josh Barocas, representing himself, testified in opposition to the bill.



Sarah Axelrath, representing herself, testified in opposition to the bill.



Sarah Rowan, representing herself, testified in opposition to the bill.



Dr. Rowan responded to questions regarding her position on legalizing controlled
substances.  Discussion ensued regarding penalties for violating provisions
of the bill.  Dr. Rowan responded to questions regarding disruption
of Hepatitis treatment for those who enter the criminal justice system.
 Dr. Axelrath responded to questions regarding a statistic she cited,
and available beds for drug treatment.  Discussion followed regarding
the effect of criminal penalties on demand for drugs, and deterrents to
initiating drug use.  Dr. Barocas responded to questions regarding
rates of opioid use.
03:09:40 PM  
Dan Rubenstein, representing
the 21st Judicial District, testified in support of the HB 22-1326.



Michael Dougherty, representing himself, testified in support of the bill.



George Brauchler, representing himself, testified in support of the bill.



Discussion ensued regarding the effect of criminal penalties on efforts
to channel people into drug treatment.



Beth McCann, representing herself, testified in support of the bill.



Discussion ensued regarding prosecution for possession of controlled substances,
and the purity of the fentanyl in the illicit drug supply.  Discussion
followed regarding diversion programs, how to stem the supply of fentanyl,
and the proper penalties for distribution of certain illicit substances.
 
03:56:43 PM  
Lisa Raville, representing the Harm Reduction Action Center, testified in opposition to HB 22-1326.

Jessica Courtney, representing Mile High Behavioral Healthcare, testified on the bill from a neutral position.

David Collins, representing Region Six Alcohol and Drug Center, testified on the bill from a neutral position.

Elisabeth Epps, representing the Colorado Freedom Fund, testified on the bill from an "amend" position.

Ms. Raville responded to questions regarding the effect of penalizing drug possession in other states, and people becoming addicted to drugs during incarceration. Discussion ensued regarding the effects of the criminalization of drugs.

04:24:57 PM  
Robin Finegan, representing herself, testified in support of HB 22-1326.

Jeremy Eaves, representing himself, testified in support of the bill.

Kourtny Garrett, representing the Downtown Denver Partnership, testified in support of the bill.

Adam Burg, representing the Denver Metro Chamber of Commerce, testified in support of the bill.

Adrian Vasquez, representing the Colorado Springs Police Department, testified on the bill from an "amend" position.

John Camper, representing the Colorado Bureau of Investigation, testified in support of the bill.

Discussion ensued regarding why Denver law enforcement is not responding to certain criminal events, and detection of illicit substances by law enforcement.

Committee members asked the panel questions about possession.

04:53:46 PM  
Further questions were asked about end-results, revolving doors, and legal standards for arrests. Discussion ensued about field tests, punishment as a deterrent, and stanching drug distribution. Mr. Camper responded to questions regarding testing for fentanyl.
05:15:45 PM  
Taylor Pendergrass, representing the ACLU of Colorado, testified on HB 22-1326 from an "amend" position.

Philip Cherner, representing the Colorado Criminal Defense Bar, testified on the bill from an "amend" position.

Laura Cash, representing Broken No More/Grief Recovery after a Substance Passing, testified against the bill.

Daniel Darting, representing the Colorado Providers Association, testified on the bill from an "amend' position.

Mr. Cherner and Mr. Pendergrass responded to questions regarding trends in drug use and associated issues following curtailing punishment for drug crimes, and the best method for deterring illicit drug use. Discussion ensued regarding the reasons why people use fentanyl, and the targeting of certain populations by the bill.

05:41:33 PM  
Matt Taylor, representing himself, testified in support of HB 22-1326.

Lindsay Taylor, representing herself, testified in support of the bill.

Tesa Alirez Ruiz, representing herself, testified in support of the bill.

Bo Gribbon, representing himself, testified in support of the bill.

Mr. Taylor responded to questions regarding the strength of the substance his son ingested. Mr. Gribbon responded to questions regarding which provisions in the bill he thinks will be productive in stemming fentanyl, and whether increasing punishments would deter his peers from using substances. Mr. Gribbon and Ms. Taylor responded to questions regarding the potential efficacy of the educational programming contained in the bill.

06:03:39 PM  
Jamie Ray, representing the Second Chance Center Legislation Inside, read the testimony of an incarcerated individual with an "amend" position on the bill.

Hassan Latif, representing the Second Chance Center, read the testimony of an incarcerated individual with an "amend" position on the bill.

Joyce Akhahenda, representing the Colorado State Public Defender, testified on the bill from an "amend" position.

Roger Butts, representing himself, testified on the bill from a neutral position.

Ms. Ray and Mr. Latif clarified that their organization is opposed to amendments to the bill, but supports elements of the bill itself. Discussion ensued regarding criminalization of controlled substances. Ms. Ray responded to questions regarding what led her to use controlled substances. Discussion ensued regarding penalties in the bill associated with illicit substance possession, and the effects of collateral consequences. Ms. Akhahenda responded to questions regarding the penalties involved with a felony case as compared to a misdemeanor case, and how the state comes to the conclusion that a person in possession of controlled substances is involved in distribution.

06:34:22 PM  
Michael Allen, representing the 4th Judicial District Attorney's Office, testified in support of HB 22-1326.

John Kellner, representing the Office of District Attorney John Kellner, 18th Judicial District, testified on the bill from an "amend" position.

Brian Mason, representing the 17th Judicial District, testified in support of the bill.

D.A. Kellner responded to questions regarding his position on felonizing possession of certain drugs in any amount. D.A. Mason responded to questions regarding drug overdose instance that occurred in his district, and his position on felonizing possession of certain drugs in any amount. D.A. Mason responded to further questions regarding how fentanyl testing is conducted. D.A. Allen responded to questions regarding a narcotics case in his district. D.A. Kellner responded to questions regarding possession of certain drugs that are charged as a felony. Discussion ensued regarding differing charges for drug possession in the home versus outside the home. D.A. Allen responded to questions regarding his contention that legislation passed in Colorado in 2019 led to a fentanyl crisis. D.A. Mason responded to questions regarding how his office decides to press charges for fentanyl possession when the sample is a mixture, and how they determine whether someone knowingly possesses fentanyl. Discussion followed regarding inequities in the criminal justice system. Discussion turned to probation eligibility for distribution of certain amounts of fentanyl.

07:22:21 PM  
Feliz Sanchez Garcia, representing herself, testified in support of HB 22-1326.

Mileiah Rodriguez, representing herself, testified in support of the bill.

07:33:59 PM  
Pamela Clifton, representing the Colorado Criminal Justice Reform Coalition, testified on HB 22-1326 from an "amend" position.

Julie Kiehl, representing the Empowerment Program, testified against the bill.

Thomas Hernandez, representing Tribe Recovery Services, testified on the bill from an "amend" position.

Skye O'Toole, representing Project Elevate, testified in opposition to the bill.

Taylor Olguin, representing Totally Interior, testified on the bill from an "amend' position.

The panelists responded to questions from the committee.

08:02:28 PM  
Trish ----, representing herself, testified in support of the bill.

Shaylen ----, representing herself, testified in support of the bill.

Chuck Thomas, representing himself, testified on the bill from an "amend" perspective.

---- Gallegos, representing herself, testified in support of the bill.

Jason, representing himself, testified in support of the bill.

Discussion ensued regarding the mens rea element of the bill with respect to fentanyl possession. Mr. Thomas and Ms. Gallegos responded to questions regarding their relatives' cases.

08:33:13 PM  
Jacob Merrion, representing himself, testified on the bill.

Tanya Wheeler, representing herself, testified on the bill from an "amend" position.

Michael Neil, representing himself, testified on the bill from an "amend" position.

Danielle Bono, representing Transgender Center of the Rockies, testified in opposition to the bill.

Zane Guilfoyle, representing Mile High Behavioral Healthcare, testified in opposition to the bill.

08:49:38 PM  
Tyler Brown, representing Arapahoe County and the County Sheriffs of Colorado, testified on HB 22-1326 from an "amend" perspective.

Jaime FitzSimons, representing himself, testified on the bill from an "amend" perspective.

Paul Pazen, representing the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position.

Greg Knott, representing the Colorado Association of Chiefs of Police and the Basalt Police Department, testified on the bill from an "amend" perspective.

Sheriff Brown responded to questions regarding the role of drug courts, and substance abuse treatment in county jail. Discussion ensued regarding the presence of fentanyl in mountain communities, and how elimination of misdemeanor drug possession would impact plea bargaining. Discussion followed regarding the stakeholder process that crafted the bill, and the potential for increasing drug treatment resources. Discussion turned to the ability of law enforcement to prosecute fentanyl distribution cases, and confiscation of drugs when openly used. The panel discussed their positions on the "good Samaritan" provision in HB 22-1326, and law enforcement arrest ability for certain drug-related crimes. The panel also discussed the potential for annually funding law enforcement specifically for combatting fentanyl.

09:49:56 PM  
Jessixa Kidd, representing Hazelbrook Sober Living, testified on HB 22-1326 from an "amend" position.

Geno Shvevdov, representing Hazelbrook Sober Living, testified on the bill.

Ken Freeman, representing Hazelbrook Sober Living, testified on the bill.

Elliott Martin, representing Hazelbrook Sober Living, testified on the bill.

Breeah Kinsella, representing the Colorado Providers Association, testified on the bill from an "amend" perspective.

Ms. Kinsella responded to questions regarding access to voluntary drug treatment, and how lowering the threshold for felony possession of fentanyl will affect treatment.

10:09:04 PM  
Linda Kaufmann, representing herself, testified on the bill.

Coco Peterson, representing herself, testified in support of HB 22-1326.

Jett Peterson, representing himself, testified in support of the bill.

Debra Doyle, representing herself, testified in support of the bill.

Andrea Thomas, representing herself, testified on the bill from an "amend" position.

Ms. Thomas responded to questions regarding prosecution of the distributor in her family's case.

10:34:13 PM  
Brandon Antczak Braschler, representing himself, testified in support of HB 22-1326.

Elena Vigil, representing the Office of the State Public Defender, testified on the bill from an "amend" position.

James O'Connor, representing the Office of the State Public Defender, testified against the bill.

James Karbach, representing the Office of the State Public Defender, testified on the bill from an "amend" position.

Mr. Karbach responded to questions regarding the position of public defenders on record sealing and collateral consequences. Discussion ensued regarding costs associated with defending one's self in a felony case, and the difference between "sharing" and "distribution" under the bill. Ms. Vigil responded to questions regarding the types of cases that involve distribution charges. Discussion ensued on this point. Mr. Karbach responded to questions regarding the amount of drugs on a person that would result in distribution charges under the bill.

11:17:24 PM  
Amy Nichols, representing the County Sheriffs of Colorado, testified on HB 22-1326 from an "amend" position.

Norm Haubert, representing the City of Westminster, testified on the bill from an "amend" position.

Chris Noeller, representing the Colorado Association of Chiefs of Police and the Pueblo Police Department, testified on the bill from an "amend' position.

Gregory Sadar, representing the Colorado Association of Chiefs of Police and Commerce City Police Department, testified on the bill from an "amend" position.

Robert Mitchell, representing the El Paso County Sheriff's Office, testified on the bill from an "amend" position.

Discussion ensued regarding the ramifications of eliminating the misdemeanor charge for possession of fentanyl in terms of incarceration capacity. Chiefs Haubert and Noeller addressed issued raised during earlier testimony about law enforcement not pursuing distribution associated with a fentanyl death. Discussion followed regarding cost of incarceration at the county level and training for deputy sheriffs.

11:51:58 PM  
Trudy Gegee, representing
herself, testified on HB 22-1326.



Jeri Shepherd, representing herself, testified in opposition to the bill.
 



Jeanette Hensley, representing the Colorado Cross Disability Coalition,
testified in support of the bill.



Franchesca Maes, representing the Colorado Cross Disability Coalition testified
on the bill.



Meghan Baker, representing Disability Law Colorado, testified on the bill
from an "amend" position.



Discussion ensued regarding the impact of the bill on prescribed fentanyl.
12:12:20 AM  
Todd Rowell, representing the Mesa County Sheriff's Office, testified on HB 22-1326 from an "amend" position.

Chad Bingham, representing the Jefferson County Sheriff's Office and County Sheriffs of Colorado, testified on the bill from an "amend" position.

Ray Padilla, representing the Colorado Drug Investigators Association, testified on the bill from an "amend' position.

Nicole Beckett, representing the County Sheriffs of Colorado and the Douglas County Sheriffs Office, testified on the bill from an "amend" position.

Bob Brammer, representing the Colorado Association of Chiefs of Police and the Durango Police Department, testified on the bill from an "amend" position.

Joseph LaVenture, representing the La Plata County Sheriff's Office, testified on the bill from an "amend" position.

Discussion ensued regarding incarceration capacity for those charged with drug crimes, and costs associated with incarceration at the local level. Discussion followed regarding the availability of Medicaid during incarceration, and civil commitments.

12:41:54 AM  
Javier Mabrey, representing himself, testified about amendments to HB 22-1326.

Jessie Broom, representing the Bring Our Neighbors Home Coalition, testified in opposition to the bill.

The committee recessed.

12:54:46 AM  
The committee returned to order.
12:55:13 AM  
Carrie Murphy, representing
herself, testified in opposition to HB 22-1326.



Hope Stonner, representing the Colorado Consumer Health Initiative, testified
on the bill from an "amend" position.



JoyAnn Ruscha, representing herself, testified on the bill.
01:05:28 AM  
Carrie Panning, representing herself, testified in support of HB 22-1326.

Ryan Panning, representing himself, testified in support of the bill.

Meghan MacKillop, representing the Colorado Municipal League, testified in support of the bill.

Dawn Reinfeld, representing herself, testified in support of the bill.

Wendy Heath Santeramo, representing herself, testified in support of the bill.

01:23:03 AM  
Wren Echo, representing herself, testified in opposition to HB 22-1326.

Jennifer Dillon, representing herself, testified in opposition to the bill.

Katie Blakey, representing herself, testified in opposition to the bill.

Shannon Bucci, representing herself, testified in opposition to the bill.

Jerry Orten, representing the Lower Downtown Neighborhood Association testified in support of the bill.

Z Williams, representing self, testified in opposition to the bill.

01:43:26 AM  
Cath Adams, representing herself, testified on the bill from a neutral position.

Carson McGowan, representing himself, testified in support of the bill.

Karen Bomberg, representing herself, testified on the bill from an "amend" position.

Susan Globe, representing herself, testified in support of the bill.

02:05:43 AM  
Terri Hurst, representing the Colorado Criminal Justice Reform Coalition, testified on HB 22-1326 from an "amend" position.

Lauren Snyder, representing Mental Health Colorado, testified on the bill from an "amend" position.

Vincent Atchity, representing Mental Health Colorado, testified on the bill from an "amend" position.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified on the bill from an "amend" position.

Ms. Snyder and Ms. Hurst responded to questions regarding Medicaid disruption based on being jailed. Ms. Gorman responded to questions regarding costs associated with defense of a felony case. Discussion ensued regarding cause for arrest on charges of drug possession. Ms. Gorman responded to questions regarding how fentanyl is quantified in the bill.

02:41:13 AM  
Miki Sedivy, representing herself, testified on HB 22-1326 from an "amend" perspective.

Christopher Bonham, representing himself, testified in opposition to the bill.

Representative Weissman laid over HB 22-1326 for action only.






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