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H_JUD_2016A 03/17/2016 01:34:40 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/17/2016
ATTENDANCE
Time: 01:34 PM to 03:06 PM
Carver
X
Court
X
Place: HCR 0112
Dore
X
Foote
X
This Meeting was called to order by
Lawrence
X
Representative Kagan
Lundeen
X
Melton
X
This Report was prepared by
Salazar
X
Bo Pogue
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-099

HB16-1268

HB16-1278

SB16-110
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





01:35 PM -- SB16-099



The committee was called to order. A quorum was present. Representative Primavera, prime sponsor, presented Senate Bill 16-099, concerning implementing recommendations of the State Auditor's Office by establishing the authority of the correctional education program to sell inmate-produced products to specified persons. Representative Primavera explained the effect of the bill and discussed its need. Representative Primavera responded to questions regarding the market for the goods sold under the program. The following person testified regarding the bill:



01:40 PM --
Mr. Ross Kimbrel, representing the Department of Corrections, testified in support of the bill. Mr. Kimbrel discussed the merits of the correctional education program, and explained its operation. He provided examples of successes of the program, and explained that the program is separate from Correctional Industries. Mr. Kimbrel discussed the potential impact should the bill not pass. Mr. Kimbrel responded to questions regarding the population served by the correctional education program, the revenue generated by the program, and the transferability of educational credits from the program to other educational institutions. Mr. Kimbrel responded to questions regarding what is considered an "invited guest" under the bill, and how the program's revenue is used.





01:51 PM



Mr. Kimbrel responded to questions regarding opportunities available to offenders who participate in the correctional education program.

















01:52 PM



No amendments were offered to SB 16-099. Representative Primavera provided closing remarks in support of the bill.

BILL: SB16-099
TIME: 01:53:07 PM
MOVED: Court
MOTION: Refer Senate Bill 16-099 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:54 PM -- HB16-1268



Representative Foote, prime sponsor, presented House Bill 16-1268, concerning district attorneys representation in certain hearings arising from interstate supervision compacts. Representative Foote explained the effect of the bill and discussed its need. The following person testified regarding HB 16-1268:



01:59 PM --
Ms. Terri Morrison, representing the Judicial Branch, testified in support of the bill. Ms. Morrison explained why her department has asked for this legislation, and provided an example of the bill's potential benefits. Discussion ensued regarding the threshold for holding a probable cause hearing for probation violations.

































02:02 PM



No amendments were offered to HB 16-1268. Representative Foote provided closing remarks in support of the bill.

BILL: HB16-1268
TIME: 02:02:58 PM
MOVED: Foote
MOTION: Refer House Bill 16-1268 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:04 PM -- HB16-1278



Representative Lee, prime sponsor, presented House Bill 16-1278, concerning residential drug treatment for persons on probation. Representative Lee explained the effect of the bill and discussed its need. The following persons testified regarding HB 16-1278:



02:05 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed the benefits of providing residential substance abuse treatment to certain offenders. Ms. Thompson responded to questions regarding the potential impact of the bill on the limited number of beds available for residential drug treatment, and the potential for a judge to sentence an offender who has no substance abuse problem to residential substance abuse treatment.





























02:22 PM



Discussion continued regarding potential abuse of discretion on the part of the court under the bill. Representative Lee responded to questions regarding the intent of the bill.



02:26 PM --
Ms. Heather Garwood, representing the Office of the State Court Administrator, testified in support of the bill. Ms. Garwood discussed the process by which offenders are assessed and treated for substance abuse. Ms. Garwood responded to questions regarding substance abuse assessments for offenders.



02:34 PM --
Mr. Bill Winn, representing Friends of the Haven, testified in support of HB 16-1278. Mr. Winn discussed the work of his organization. Mr. Winn responded to questions regarding funding for his organization.





02:39 PM



No amendments were offered to HB 16-1278. Representative Lee provided closing remarks in support of the bill. Discussion ensued regarding the fiscal impact of the bill.

BILL: HB16-1278
TIME: 02:39:43 PM
MOVED: Lee
MOTION: Refer House Bill 16-1278 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



























02:43 PM -- SB16-110



Representative Lundeen, prime sponsor, presented Senate Bill 16-110, concerning protecting the privacy of child victims when releasing criminal justice records. Representative Lundeen explained the effect of the bill and discussed its need. The following persons testified regarding SB 16-110:



02:46 PM --
Ms. Melody Mirbaba, representing the Attorney General's Office, testified in support of the bill. Ms. Mirbaba noted some organizations supporting the bill, and discussed the merits of shielding public disclosure of the names of child victims. Ms. Mirbaba discussed amendment L.005 (Attachment A).



16HouseJud0317AttachA.pdf16HouseJud0317AttachA.pdf



02:51 PM --
Ms. Linda Weinerman, representing the Office of the Child's Representative, testified in support of SB 16-110. Ms. Weinerman discussed her office's work, and explained that the bill seeks to codify the intent of law as outlined by existing statutory legislative declarations. Discussion ensued regarding why this codification has not taken place sooner.



02:56 PM --
Ms. Mary Berg, representing the Jefferson County Board of County Commissioners, testified in support of the bill. Ms. Berg discussed a case in her jurisdiction where identifying information of a child victim was made public. Ms. Berg responded to questions regarding redaction of family names of child victims under the bill.

































































03:00 PM



Representative Lundeen explained the effect of amendment L.005. Discussion ensued regarding what constitutes a "reasonable effort" under the amendment.

BILL: SB16-110
TIME: 03:01:01 PM
MOVED: Lundeen
MOTION: Adopt amendment L.005 (Attachment A). The motion passed without objection.
SECONDED: Salazar
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

























































03:03 PM



Representative Lundeen provided closing remarks in support of SB 16-110.

BILL: SB16-110
TIME: 03:04:26 PM
MOVED: Lundeen
MOTION: Refer Senate Bill 16-110, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:06 PM



The committee adjourned.