H_JUD_2016A 02/23/2016 01:42:09 PM Committee Summary

01:43 PM -- Presentation by the SOMB Pursuant to §16-11.7-109, C.R.S.



The committee was called to order. A quorum was present. Ms. Jeanne Smith, Director for the Division of Criminal Justice within the Department of Public Safety, Ms. Angel Weant, member of the Sex Offender Management Board (SOMB) and also representing the Division of Probation Services within the Judicial Branch, and Mr. Chris Lobanov-Rostovsky, Program Manager for the Sex Offender Management Unit, presented the SOMB's annual legislative report pursuant to Section 16-11.7-109, C.R.S. Committee members received copies of the executive summary for the annual report (Attachment A). Director Smith first introduced herself and her associates. Ms. Weant briefed the committee on the SOMB and its activities for the previous year, focusing on the activities of the committees within the SOMB. Ms. Weant responded to questions regarding revision of the board's principles, and the guidelines for the Child Contact Committee.



16HouseJud0223AttachA(afternoon).pdf



01:55 PM



Discussion continued regarding the guidelines established by the Child Contact Committee. Ms. Weant responded to questions regarding the work of the Family Engagement Committee. Mr. Lobanov-Rostovsky responded to questions regarding the timeline for this committee to complete its guidelines. Director Smith responded to questions regarding how the families of sex offenders become involved in the processes associated with the SOMB.













02:09 PM



Mr. Lobanov-Rostovsky highlighted some of the SOMB's policy recommendations from the previous year, which appear in the 2016 annual legislative report. Mr. Lobanov-Rostovsky responded to questions regarding the implications of designating an individual as a sexually violent predator. Mr. Lobanov-Rostovsky discussed consideration of the "sexting" issue by the SOMB, and potential changes to the lifetime supervision designation for certain parolees. Mr. Lobanov-Rostovsky responded to questions regarding these potential changes.





02:23 PM



Discussion ensued regarding the "sexting" issue, and who decides when such behavior becomes a sex offense. The following persons testified regarding the SOMB report:



02:28 PM -- Mr. Roger Kincade, representing Advocates for Change and the Coalition for Sexual Offense Restoration, testified regarding the report. Mr. Kincade discussed the use of polygraph testing in association with evaluating parolees convicted of sex offenses.



02:32 PM -- Ms. Susan Walker, representing the Coalition for Sexual Offense Restoration, testified regarding the SOMB report. Ms. Walker addressed the use of polygraph testing. Discussion ensued regarding the reliance on polygraph testing to prevent sex offenders from progressing to a reduced level of supervision, and the authority for mandating the use of the polygraph. Ms. Walker discussed the insularity of the SOMB.





02:40 PM -- Standardized Treatment Program for Sex Offenders Sunset Review Hearing



Mr. Bruce Harrelson, representing the Department of Regulatory Agencies, presented the 2015 sunset review for the Standardized Treatment Program for Sex Offenders. Members received the sunset report for the program (the report may be accessed at: https://drive.google.com/file/d/0B8bNvcf083ydUlc0bFJnbURCdFE/view?pref=2&pli=1 ), and a draft bill for extending the SOMB (Attachment B). Mr. Harrelson walked the committee through DORA's recommendations concerning the SOMB and its potential extension.



16HouseJud0223AttachB.pdf



02:51 PM



Mr. Harrelson continued to brief the committee on DORA's recommendations concerning the extension of the SOMB. Mr. Harrelson responded to questions regarding the number of years that DORA recommends continuing the SOMB, and the speed with which the SOMB is implementing recommendations it receives. Discussion ensued regarding the impact of the SOMB's size on its effectiveness.

























03:02 PM



Mr. Harrelson responded to questions regarding costs associated with continuing the SOMB, and the intent for how long the SOMB was to conduct its affairs when it was established. Discussion ensued regarding the management of sex offenders in other states. Mr. Harrelson responded to questions regarding the relationship between the various authorities in managing sex offenders, and the collection of data by the SOMB.





03:12 PM



Mr. Harrelson responded to questions regarding DORA's recommendation about how the SOMB handles complaints. The following persons testified regarding the sunset review of the SOMB:



03:21 PM -- Director Smith and Mr. Lobanov-Rostovsky returned to testify regarding the sunset review of the SOMB. Director Smith discussed data gathering by the SOMB, and how the board handles complaints. Mr. Lobanov-Rostovsky provided input on the process by which the SOMB handles complaints.





03:34 PM



Discussion continued regarding how the SOMB handles complaints, and the potential to amend the draft bill to address concerns. Director Smith responded to questions regarding the "return on investment" for the SOMB during its entire tenure, and the complexity of the sex offender management system.





03:49 PM



Mr. Lobanov-Rostovsky responded to questions regarding how the sex offender management system could be improved. Director Smith responded to questions regarding the ramifications of sunsetting the SOMB, and the lack of better information concerning treatment of sex offenders.





04:00 PM



Discussion continued regarding the efficacy of data gathering by the SOMB.



04:08 PM -- Mr. Jeff Jenks, representing himself as a polygraph examiner on the SOMB, testified about the use of polygraph tests to evaluate sex offenders. Mr. Jenks explained that polygraph tests should not be used in isolation in evaluating sex offenders. Discussion ensued regarding reliance on polygraphs for sex offender evaluation.



04:16 PM -- Ms. Weant returned to provide testimony about the sunset review of the SOMB as a representative of the Judicial Branch's Division of Probation Services. She explained why the division feels the SOMB should be reauthorized. Ms. Weant responded to questions regarding the role of probation officers in driving treatment for sex offenders, and the decision-making process for when to terminate treatment for a sex offender.





















04:25 PM -- Ms. Susan Walker, representing the Coalition for Sexual Offense Restoration testified about the sunsetting of the SOMB. Ms. Walker provided her perspective on why sex offenders cannot be moved out of treatment, and discussed the sex offender management approach taken by other states.



04:33 PM -- Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified on the sunsetting of the SOMB. Committee members received a handout listing some recommended reforms for the board (Attachment C). Ms. Kepros provided some history about the creation and evolution of the SOMB, and briefed the committee on the recommendations in Attachment C.



16HouseJud0223AttachC.pdf



04:44 PM



Ms. Kepros continued to brief the committee on some potential SOMB reforms. Ms. Kepros responded to questions regarding how complaints are handled by the SOMB.





04:54 PM



Ms. Kepros responded to questions regarding an alleged "one size fits all" approach to managing sex offenders.



05:02 PM -- Ms. Allison Boyd, representing the First Judicial District, testified on the sunset report for the SOMB. Ms. Boyd explained that the work of the board is important for victim protection, and discussed the typical sentence for a sex offense. Ms. Boyd addressed earlier testimony about the size of the SOMB, and supported the recommendations made by DORA regarding the continuation of the board. Ms. Boyd responded to questions regarding the inclusion of victims in sex offender proceedings.



05:11 PM -- Ms. Carolyn Turner, representing Advocates for Change, testified regarding the SOMB. Ms. Turner discussed the overuse of certain practices by the SOMB, including polygraphs. Ms. Turner discussed the guideline for assessing sex offenders. Ms. Turner responded to questions regarding costs imposed upon sex offenders for participating in various programs. Committee members received an issue paper about sex offender recidivism rates (Attachment D), a position paper about sex offender re-entry barriers (Attachment E), some excerpts from a court case concerning sex offenders (Attachment F), and highlights from an evaluation of the SOMB's guidelines (Attachment G).



16HouseJud0223AttachD.pdf16HouseJud0223AttachE.pdf



16HouseJud0223AttachF.pdf16HouseJud0223AttachG.pdf



















05:20 PM -- Ms. Pat Harris, representing Advocates for Change, testified regarding the SOMB. Ms. Harris recounted a story about a sex offender released from prison, and the safety plans imposed on the individual. Ms. Harris responded to questions regarding a decision by the treatment provider to overrule the Parole Board in the case she discussed.





05:26 PM



The committee recessed.





05:27 PM



The committee returned to order. Committee members received a page entitled "From the Perspective of the Ex-Offender" (Attachment H).



16HouseJud0223AttachH.pdf



05:27 PM -- Ms. Brie Akins, representing the Colorado Coalition Against Sexual Assault, testified regarding the SOMB. Ms. Aikens discussed the costs of sex offense crimes and the benefits of the work of the SOMB.





05:30 PM



Discussion ensued regarding the merits of continuing the SOMB. Representative Kagan explained the effect of amendment #1 (Attachment I). Discussion ensued regarding how to proceed with recommending the draft bill.



16HouseJud0223AttachI.pdf

05:38 PM



The committee adjourned.