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h_jud_2016a_2016-04-19t13:31:21z3 Hearing Summary

Date: 04/19/2016



Final

BILL SUMMARY for HB16-1345



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.009 (Attachment K). The motion p

Adopt amendment L.011 (Attachment M). The motion p

Adopt amendment L.012 (Attachment N). The motion p

Adopt amendment L.014 (Attachment O), as conceptua

Adopt amendment L.016 (Attachment L). The motion p

Adopt amendment L.017 (Attachment P). The motion p

Adopt amendment L.018 (Attachment Q). The motion p

Conceptually amend amendment L.014, changing the n

Conceptually amend amendment L.018, page 1, line 4

Reconsider amendment L.009. The motion passed on a

Reconsider amendment L.016. The motion passed on a

Refer House Bill 16-1345, as amended, to the Commi
PASS

Pass Without Objection

Pass Without Objection

PASS

PASS

Pass Without Objection

Pass Without Objection

Pass Without Objection

FAIL

PASS

PASS

PASS







03:49 PM -- HB16-1345



The committee recessed.





04:12 PM



The committee returned to order. Representative Kagan, prime sponsor, presented House Bill 16-1345, concerning the continuation of the Sex Offender Management Board (SOMB), and, in connection therewith, implementing the recommendations of the 2015 sunset report issued by the Department of Regulatory Agencies. Representative Kagan explained the effect of the bill and discussed its need. He also provided background on the SOMB and its function, and explained the effect of some forthcoming amendments. Committee members received an overview of the amendments to the bill to be discussed (Attachment G).



16HouseJud0419AttachG.pdf16HouseJud0419AttachG.pdf



04:27 PM



Discussion ensued regarding the evolution of certain amendments to the bill. Representative Kagan continued providing an overview of forthcoming amendments to the bill.





04:42 PM



Representative Kagan continued to provide an overview of proposed amendments to HB 16-1345. Discussion ensued regarding the sunset process for the SOMB, and what would happen if the SOMB were allowed to sunset.





05:01 PM



Discussion ensued regarding whether the SOMB will abide by recommendations forwarded by the General Assembly, and the potential for shortening the period for sunsetting agency functions. Discussion followed regarding the scope of work undertaken by the SOMB. Discussion returned to the process for reauthorizing the SOMB. The following persons testified regarding HB 16-1345:



05:10 PM --
Ms. Jeanne Smith, Director for the Division of Criminal Justice within the Department of Public Safety (DPS), testified in support of the bill. Ms. Smith provided background on the creation of the SOMB and the function of this board, and rebutted discussion about gridlock among the board regarding guideline revisions. Ms. Smith responded to questions regarding training provided by the SOMB, and education required of sex offender treatment providers. Discussion ensued regarding the approval process for polygraphers participating in sex offender screening.





05:20 PM



Ms. Smith responded to questions regarding her position on forthcoming amendments, what would happen if the SOMB were allowed to sunset, and the implementation of recommendations submitted to the SOMB in 2014. Ms. Smith also addressed a question regarding how other states handle sex offender treatment standards. Discussion ensued regarding the impact of the SOMB on sex offender recidivism. Discussion returned to how sex offender management standards are handled in other states.





05:40 PM



Discussion ensued regarding how the SOMB deliberates on the recommendations it receives, and specific requirements of forthcoming amendments. Discussion followed regarding the growth in membership of the SOMB, and the qualifications of the membership.



05:52 PM --
Mr. Chris Lobanov-Rostovsky, representing DPS, testified in support of the bill. Committee members received a binder of information on sex offender management (Attachment H). Mr. Lobanov-Rostovsky discussed the proposed amendments, and the work undertaken by, and achievements of, the SOMB. Mr. Lobanov-Rostovsky responded to questions regarding how standards and continuing education programs are disseminated among sex offender treatment providers. Mr. Lobanov-Rostovsky returned to briefing the committee on developments with the SOMB. Mr. Lobanov-Rostovsky responded to questions regarding how treatment providers are evaluated.



Attachment H can be viewed at Legislative Council.



06:04 PM



Mr. Lobanov-Rostovsky returned to briefing the committee on developments with the SOMB. Mr. Lobanov-Rostovsky provided his position on proposed amendments. Discussion ensued regarding the amendments.





06:19 PM



Mr. Lobanov-Rostovsky responded to questions regarding the use of polygraph testing in evaluating sex offenders. Discussion returned to the proposed amendments. Mr. Lobanov-Rostovsky responded to questions regarding the need to prescribe certain SOMB policies in statute, rather than allow the board to establish these policies. Discussion ensued regarding the effect of a proposed amendment. Discussion returned to the qualifications of the SOMB membership, and the recidivism rate for sex offenders over the period of SOMB activity.



06:38 PM --
Mr. Leonard Woodson, representing the Department of Corrections, testified in support of the bill. Mr. Woodson discussed the merits of the SOMB. Mr. Woodson responded to questions regarding how sex offenders would be managed if the SOMB were not reauthorized.



06:43 PM --
Dr. Carl Blake, board member on the SOMB, testified in support of the bill. Dr. Blake discussed the standards that guide treatment providers. Dr. Blake responded to questions regarding advancements in sex offender treatment, and the science of such treatment.





06:56 PM



Dr. Blake responded to questions regarding national bodies that address the science of sex offender management.



07:00 PM --
Ms. Angel Weant, representing Colorado Probation, testified in support of HB 16-1345. Ms. Weant discussed the delivery of services to sex offenders, and noted some statistics associated with probation in Colorado. She discussed the relationship between probation services and the SOMB. Ms. Weant responded to questions regarding the statistics she cited, and her position on the proposed amendments.





07:18 PM



Ms. Weant continued to respond to questions regarding the proposed amendments. Discussion ensued regarding the cessation of polygraph testing for sex offenders after ten years.



07:24 PM --
Mr. Christian Gardner-Wood and Ms. Leora Joseph, representing the First Judicial District and the Eighteenth Judicial District, testified in support of the bill. Mr. Gardner-Wood addressed the proposed amendments. Discussion ensued regarding the inclusivity of the stakeholder process, and certain concerns expressed about the proposed amendments. Ms. Joseph responded to questions regarding the ten-year polygraph testing threshold.



07:36 PM --
Ms. Brie Akins, representing the Colorado Coalition Against Sexual Assault, testified in support of HB 16-1345. Ms. Akins discussed the rate at which sex offenders are convicted of crimes, and the role of the SOMB. Ms. Akins responded to questions regarding the proposed amendments, and certain statistics she cited during her testimony.



07:42 PM --
Ms. Allison Boyd, representing the First Judicial District and the Colorado Organization for Victim Assistance, testified in support of the bill. Ms. Boyd discussed the work undertaken by the SOMB, and addressed the proposed amendments. Discussion ensued regarding the merits, and necessity, of the amendments.



07:52 PM --
Mr. Gary Reser and Ms. Debbie Baty, representing Specialized Offender Services and Teaching Humane Existence, testified in support of the bill. Ms. Baty discussed the merits of the SOMB and its guidelines, and the work of the therapeutic community with which she is involved. Mr. Reser suggested that amending the bill is unnecessary, and discussed sex offender management in another state. Mr. Reser discussed one of the amendments.



08:02 PM --
Mr. Roger Kincaid, representing Advocates for Change, testified in support of the bill, requesting that the SOMB's guidelines be published on the Internet. Committee members received a handout about the publication of SOMB standards and guidelines (Attachment I).



16HouseJud0419AttachI.pdf16HouseJud0419AttachI.pdf



08:04 PM --
Mr. Lane Brockman, representing himself, testified in support of the bill. Mr. Brockman explained how the SOMB has helped him, and discussed his treatment. Mr. Brockman responded to questions regarding how the SOMB has helped with his treatment process, and successes with his treatment provider.



08:10 PM --
Ms. Jo Stack, representing herself, testified regarding the bill. Ms. Stack discussed gridlock and lack of urgency with the SOMB, and the sexually violent predator designation.



08:17 PM --
Ms. Susan Walker, representing the Coalition for Sexual Offense Restoration, testified in support of the bill. Ms. Walker provided background from the perspective of the parent of an offender who has been through the system. Ms. Walker responded to questions regarding how to improve the SOMB, and how sex offenses are managed in other states. Ms. Walker responded to questions regarding how sex offense recidivism in Colorado compares to other states.



08:30 PM --
Ms. Laurie Rose Kepros, representing the Colorado Criminal Defense Bar and the Office of the State Public Defender, testified in support of the bill. Ms. Kepros discussed gridlock within the SOMB, and spoke in support of the proposed amendments. Ms. Kepros responded to questions regarding her position on certain proposed amendments. Discussion ensued regarding the efficacy of using polygraph testing for sex offender screening.





08:51 PM



Ms. Kepros responded to questions regarding how to improve sex offense recidivism, and whether to continue the SOMB. Ms. Kepros responded to further questions regarding choice in sex offender treatment options, and the ten-year evaluation of sex offenders. Ms. Kepros responded to questions regarding how she would improve the SOMB.



09:03 PM --
Ms. Carolyn Turner, representing Advocates for Change, testified regarding the bill. Committee members received a fact sheet about sex offender recidivism rates (Attachment J). Ms. Turner discussed recidivism for sex offenses in other states, and addressed the proposed amendments.



16HouseJud0419AttachJ.pdf16HouseJud0419AttachJ.pdf



09:07 PM --
Ms. Dale Ann Jenkins, representing herself, testified in support of the bill. Ms. Jenkins discussed the fiscal impact of sex offenses, suggested that an interim committee be empaneled to address sex offense issues, and spoke against the use of polygraphs in the process.





09:11 PM



Representative Kagan explained the effect of amendment L.009 (Attachment K). Discussion ensued regarding whether amendment L.009, and other forthcoming amendments, fit within the title of the bill.



16HouseJud0419AttachK.pdf16HouseJud0419AttachK.pdf

BILL: HB16-1345
TIME: 09:12:33 PM
MOVED: Kagan
MOTION: Adopt amendment L.009 (Attachment K). The motion passed on a vote of 6-5.
SECONDED: Court
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS







09:18 PM



Representative Kagan explained the effect of amendment L.016 (Attachment L). Discussion ensued regarding how the amendment improves public safety, and the waiver of the 24-hour rule for multi-page amendment distribution. Representative Kagan responded to questions regarding the difference between amendment L.016 and a similar previous amendment.



16HouseJud0419AttachL.pdf16HouseJud0419AttachL.pdf

BILL: HB16-1345
TIME: 09:19:21 PM
MOVED: Kagan
MOTION: Adopt amendment L.016 (Attachment L). The motion passed on a vote of 6-5.
SECONDED: Salazar
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS





09:29 PM



The committee recessed.





09:41 PM



The committee returned to order.

BILL: HB16-1345
TIME: 09:41:37 PM
MOVED: Kagan
MOTION: Reconsider amendment L.009. The motion passed on a vote of 11-0.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





09:42 PM



Representative Kagan withdrew amendment L.009, and the second was withdrawn.

BILL: HB16-1345
TIME: 09:43:29 PM
MOVED: Kagan
MOTION: Reconsider amendment L.016. The motion passed on a vote of 11-0.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







09:44 PM



Representatives Kagan and Salazar withdrew their motions on amendment L.016. Representative Kagan explained the effect of amendment L.011 (Attachment M).



16HouseJud0419AttachM.pdf16HouseJud0419AttachM.pdf

BILL: HB16-1345
TIME: 09:44:58 PM
MOVED: Kagan
MOTION: Adopt amendment L.011 (Attachment M). The motion passed without objection.
SECONDED: Court
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







09:45 PM



Representative Kagan explained the effect of amendment L.012 (Attachment N).



16HouseJud0419AttachN.pdf16HouseJud0419AttachN.pdf

BILL: HB16-1345
TIME: 09:46:25 PM
MOVED: Kagan
MOTION: Adopt amendment L.012 (Attachment N). The motion passed without objection.
SECONDED: Court
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





09:46 PM

BILL: HB16-1345
TIME: 09:47:00 PM
MOVED: Kagan
MOTION: Adopt amendment L.014 (Attachment O), as conceptually amended. The motion passed on a vote of 8-3.

16HouseJud0419AttachO.pdf16HouseJud0419AttachO.pdf
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
No
Foote
Yes
Lawrence
Yes
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: HB16-1345
TIME: 09:47:13 PM
MOVED: Kagan
MOTION: Conceptually amend amendment L.014, changing the number of providers on offer from three to two. The motion passed without objection.
SECONDED: Court
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





09:49 PM



Representative Kagan explained the effect of amendment L.017 (Attachment P).



16HouseJud0419AttachP.pdf16HouseJud0419AttachP.pdf

BILL: HB16-1345
TIME: 09:50:10 PM
MOVED: Kagan
MOTION: Adopt amendment L.017 (Attachment P). The motion passed without objection.
SECONDED: Court
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





09:51 PM



Representative Lawrence explained the effect of amendment L.018 (Attachment Q).



16HouseJud0419AttachQ.pdf16HouseJud0419AttachQ.pdf

BILL: HB16-1345
TIME: 09:51:40 PM
MOVED: Lawrence
MOTION: Adopt amendment L.018 (Attachment Q). 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




BILL: HB16-1345
TIME: 09:52:13 PM
MOVED: Lundeen
MOTION: Conceptually amend amendment L.018, page 1, line 4, strike ""2019"" and substitute ""2018"". The motion failed on a vote of 4-7.
SECONDED: Willett
VOTE
Carver
Yes
Court
No
Dore
Yes
Foote
No
Lawrence
No
Lundeen
Yes
Melton
No
Salazar
No
Willett
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL







09:55 PM



Representative Kagan provided closing remarks in support of HB 16-1345.

BILL: HB16-1345
TIME: 09:56:35 PM
MOVED: Kagan
MOTION: Refer House Bill 16-1345, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Court
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







09:57 PM



The committee adjourned.




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