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H_JUD_2017A 02/09/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 02/09/2017
ATTENDANCE
Time: 01:30 PM to 03:26 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
*
Herod
X
This Meeting was called to order by
Lundeen
*
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
*
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1015

HB17-1077
Amended, Referred to the Committee of the Whole

Amended, Referred to House Appropriations





01:31 PM -- HB17-1015



The committee was called to order. A quorum was present. Representative Hooton, prime sponsor, presented House Bill 17-1015, concerning clarifying the manner in which reductions of inmates' sentences are administered in county jails. Representative Hooton explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1015:



01:35 PM --
Mr. Joe Pelle, Boulder County Sheriff representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Pelle discussed the computation of good time at the county level under current law, and explained how the bill improves this computation. He discussed some forthcoming amendments. Sheriff Pelle responded to questions regarding the potential fiscal impact of the bill on rural jurisdictions, and the discretion afforded to sheriffs in granting, and taking away, good time under the bill. Discussion ensued regarding the entitlement of offenders to a certain amount of good time. Sheriff Pelle responded to questions regarding his previous reference to due process, and the effect of the bill on existing good time accruals.



































01:48 PM



Sheriff Pelle responded to questions regarding Boulder County's good time policy as compared to that instituted by the bill.



01:49 PM --
Ms. Dea Wheeler, representing the Boulder County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Ms. Wheeler explained the genesis of HB 17-1015, and addressed questions raised during earlier testimony. Ms. Wheeler responded to questions regarding the reason for the bill striking certain language from current law.



01:53 PM --
Mr. Jeff Goetz, representing the Boulder County Sheriff's Office, testified in support of HB 17-1015. Mr. Goetz explained why the bill was brought forward, and discussed certain negative incentive structures for offenders under current law. Mr. Goetz explained why an offender might be transferred between county jails. Mr. Goetz provided background on the Colorado Jail Association.



01:59 PM --
Captain Ron Leonard, representing the Jefferson County Sheriff's Office, testified in support of the bill. Captain Leonard provided a recent history of the issues addressed by the bill, and provided an overview of his jurisdiction's jail use plan. He suggested some amendments to improve the legislation, and discussed the benefits of good time in the area of work release. Captain Leonard further explained the intent of his proposed amendments.



02:09 PM --
Mr. Shawn Coleman, representing the Drug Policy Alliance and Terrapin Care Station, testified in support of HB 17-1015. Mr. Coleman discussed the best ways to rehabilitate offenders, and the benefits of early release of offenders.































































02:12 PM



Representative Weissman explained the effect of amendment L.001 (Attachment A).



17HouseJud0209AttachA.pdf17HouseJud0209AttachA.pdf

BILL: HB17-1015
TIME: 02:13:29 PM
MOVED: Weissman
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





02:14 PM



Sheriff Pelle proposed some amendments. Discussion ensued on these proposals.





02:19 PM



The committee recessed.































02:37 PM



The committee returned to order. Mr. Richard Sweetman, Office of Legislative Legal Services, explained the effect of amendment L.002 (Attachment B). Discussion ensued regarding the effect of the amendment, and the position of district attorneys on the amendment.



17HouseJud0209AttachB.pdf17HouseJud0209AttachB.pdf

BILL: HB17-1015
TIME: 02:38:57 PM
MOVED: Herod
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















































02:43 PM



Representative Hooton provided closing remarks in support of HB 17-1015.

BILL: HB17-1015
TIME: 02:43:50 PM
MOVED: Weissman
MOTION: Refer House Bill 17-1015, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:45 PM -- HB17-1077



Representative Valdez, prime sponsor, presented House Bill 17-1077, concerning the Useful Public Service Cash Fund. Representative Valdez explained the effect of the bill and discussed its need. Committee members received a fact sheet in support of the bill, prepared by the Judicial Branch (Attachment C). The following persons testified regarding the bill:



17HouseJud0209AttachC.pdf17HouseJud0209AttachC.pdf



02:49 PM --
Mr. Mike Garcia and Mr. David Kribs, representing the Division of Probation Services and the Judicial Branch respectively, testified in support of the bill. Mr. Garcia provided some background on the efficacy of useful public service programs. Mr. Kribs explained the benefits of creating a Useful Public Service Cash Fund. Mr. Kribs responded to questions regarding the differences in administration of useful public service programs among urban and rural jurisdictions, and the benefits of creating a cash fund for use by certain jurisdictions. Discussion ensued regarding the fiscal note associated with the bill. Ms. Amanda Hayden, Legislative Council Staff, provided clarification regarding the fiscal note, and discussed the potential for updating the fiscal note.

















03:00 PM



Mr. Kribs responded to questions regarding how participating judicial districts will be able to access their program funds that are deposited in the Useful Public Service Cash Fund under the bill, and the conformance of the bill to state law limiting the amount of funding allowed to accrue to a cash fund. Mr. Terry Scanlon, representing the Judicial Branch, responded to questions regarding feedback received from rural districts on the bill.





03:04 PM



Representative Valdez explained the effect of amendment L.001 (Attachment D). Mr. Kribs returned to provide input on the amendment. Mr. Richard Sweetman, Office of Legislative Legal Services, explained a conflict between the amendment and the bill. Mr. Kribs explained the ramifications of adopting, or not adopting, the amendment. Mr. Sweetman provided input on these questions. Mr. Kribs responded to questions regarding the policy choices before the committee.



17HouseJud0209AttachD.pdf17HouseJud0209AttachD.pdf

BILL: HB17-1077
TIME: 03:05:30 PM
MOVED: Herod
MOTION: Adopt amendment L.001 (Attachment D). The motion was withdrawn.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





03:17 PM



Discussion continued regarding the merits of amendment L.001.

















03:19 PM




The committee recessed.





03:24 PM



The committee returned to order. Mr. Sweetman explained the effect of amendment L.002 (Attachment E).



17HouseJud0209AttachE.pdf17HouseJud0209AttachE.pdf

BILL: HB17-1077
TIME: 03:25:04 PM
MOVED: Melton
MOTION: Adopt amendment L.002 (Attachment E). The motion passed without objection.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









































03:25 PM



Discussion ensued regarding the merits of the bill.

BILL: HB17-1077
TIME: 03:25:56 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1077, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:26 PM



The committee adjourned.


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