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H_JUD_2017A 02/23/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 02/23/2017
ATTENDANCE
Time: 01:35 PM to 08:06 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
X
Herod
*
This Meeting was called to order by
Lundeen
X
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
X
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1087

HB17-1109

HB17-1110

HB17-1111
Amended, Referred to House Appropriations

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Amended, Referred to the Committee of the Whole





01:36 PM -- HB17-1087



The committee was called to order. A quorum was present. Representative Young, prime sponsor, presented House Bill 17-1087, concerning an office of public guardianship. Representative Young explained the effect of the bill and discussed its need. He also provided background on the creation of the bill, and discussed the effect of some forthcoming amendments. Representative Young responded to questions regarding the stakeholder process observed during the bill's drafting, and the time frame for creating the legislation. The following persons testified regarding HB 17-1087:



01:47 PM --
Ms. Mary Catherine Rabbitt, representing the Colorado Bar Association Elder Law Section, testified in support of the bill. Ms. Rabbitt provided some legislative history on public guardianship for certain populations, and some background on the Public Guardianship Advisory Committee. She discussed the types of people who might benefit from public guardianship. Ms. Rabbitt responded to questions regarding how indigent, incapacitated persons are currently provided for, and the size of the population that would be affected by the bill. Ms. Rabbitt responded to further questions on why a pilot project is being proposed under the bill. Representative Young provided input on this issue.































01:59 PM



Discussion continued regarding the creation of a pilot program under the bill as compared to a statewide program, and the fiscal impact of the legislation.



02:00 PM --
Judge Elizabeth Leith, representing the Judicial Department, testified on the bill from a neutral, informational perspective. Judge Leith provided background information on the creation of HB 17-1087, and clarified why the bill was introduced. She underscored the conditions of those who would benefit from the legislation. Judge Leith responded to questions regarding the jurisdiction of the probate court over the subject population, and other states that conduct programs similar to that created by HB 17-1087. Discussion ensued regarding funding for the bill's pilot program, and the potential for maintaining a statewide public guardianship program through pro bono activity.



02:13 PM --
Ms. Deb Bennett-Woods, representing the Colorado Collaborative for Unrepresented Patients, testified in support of the bill. Ms. Bennett-Woods discussed the need for public guardianship for the indigent and incapacitated, and issues faced by this population. Ms. Bennett-Woods noted some efficiencies to be gained through the bill's program, and responded to a question regarding potential savings from a public guardianship program. Dr. Matthew Wynia, representing himself, testified in support of HB 17-1087. Dr. Wynia discussed the benefits of HB 16-1101, and the potential fiscal benefits of public guardianship. Mr. Patrick Theissen, representing the Alzheimer's Association of Colorado, testified in support of the bill. Mr. Thiessen outlined some clients he has worked with who would benefit from a public guardianship program.





02:31 PM



Mr. Theissen responded to questions regarding options for changing state law to allow certain entities, such as nursing homes, to act as guardians for the incapacitated, and available funding sources for providing guardianship for the incapacitated. Mr. Thiessen responded to questions regarding how guardian-designees would operate under HB 17-1087. Ms. Tamara Trujillo, representing the Colorado Chapter of the National Academy of Elder Law Attorneys, testified in support of HB 17-1087. Ms. Trujillo discussed the benefits of operating a pilot program under the bill. Discussion ensued regarding how an attorney might become a public guardian under the bill.



02:42 PM --
Ms. Barbara Redmon, representing Denver Health, testified in support of the bill. Ms. Redmon discussed the incapacitated population that visits Denver Health, and noted some problems in finding guardians for this population. She discussed the benefits of operating a public guardianship office.



02:46 PM --
Former Representative Jim Riesberg, representing the Strategic Action Planning Group on Aging, testified in support of HB 17-1087. Representative Riesberg discussed the work of the group. Ms. Jeanette Henlsey, representing the Colorado Senior Lobby, testified in support of the bill. Ms. Henlsey and Representative Riesberg responded to questions regarding the aging and incapacitated populations in Colorado. Ms. Hensley responded to questions regarding the model that might be observed in creating a public guardianship program.



























02:55 PM --
Ms. Marijo Rymer, representing the Arc of Colorado, testified in support of the bill. Ms. Rymer discussed the guardianship needs for her organization's client population, and guardianship services provided by her organization. She discussed trends in guardianship needs. Ms. Jeanne Weiss, representing the Arc of Colorado, testified in support of the bill. Ms. Weiss provided further input on guardianship services provided by the Arc, and noted some legal impediments to guardianship. She discussed a case where a person could not attain guardianship. Ms. Rymer responded to questions regarding the population that would benefit from a public guardianship program, and the training for, and duties of, those Arc staffers who provide public guardianship services.





03:05 PM



Discussion ensued regarding creating a pilot program for public guardianship within the Judicial Branch, rather than charging another entity to administer it, such as a nonprofit organization.



03:09 PM --
Ms. Anne Meier, representing the Office of State Long Term Care Ombudsmen Program, testified in support of the bill. Ms. Meier discussed the program, and read the testimony of an ombudsman. Ms. Kathleen Dwyer, representing Disability Law Colorado, testified in support of the bill. Ms. Dwyer discussed an example of an individual her organization worked with who needed guardianship services. Ms. Meier and Ms. Dwyer clarified their affiliations. Ms. Dwyer responded to questions regarding the position of her organization on guardianships, generally. Ms. Meier responded to questions regarding public guardianship programs in other states. Discussion returned to the establishment of the program in the Judicial Branch.



03:23 PM --
Mr. Joshua Ewing, representing the Colorado Hospital Association, testified in support of the bill. Mr. Ewing discussed the barriers in place for those who no longer need hospital care, but are having difficulty exiting care. Mr. Carl Gladstein, representing the Colorado Bar Association, testified in support of HB 17-1087. Mr. Gladstein discussed the need for public guardians, and addressed questions raised during earlier testimony. Ms. Shari Caton, representing the Colorado Bar Association, testified in support of the bill. Ms. Caton, discussed the situation with her father's incapacitation, and the guardianship process undertaken in this instance. She discussed the benefits of the legislation, and addressed questions raised during earlier testimony.





03:43 PM



Ms. Caton responded to questions regarding public guardianship programs operating in other states. Discussion ensued regarding these programs, and alternate structures for public guardianship programs.



03:54 PM --
Ms. Ruth Starr, representing the Denver Commission on Aging, testified in support of HB 17-1087. Ms. Starr discussed the elderly population with which she has worked. Ms. Barbra Evans-Small, representing the Denver Commission on Aging, testified in support of the bill. Ms. Evans-Small discussed the seniors with whom she has worked, and the need for guardianship in this population.



04:01 PM --
Ms. Sophie San Miguel, representing herself, testified in support of the bill. Ms. San Miguel discussed the need to take care of certain populations.



04:02 PM --
Mr. Ed Shackleford, representing himself, testified in support of the bill. Mr. Shackleford discussed the importance of creating a public guardianship program.



















04:04 PM



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



17HouseJud0223AttachA.pdf17HouseJud0223AttachA.pdf

BILL: HB17-1087
TIME: 04:05:18 PM
MOVED: Salazar
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED: Weissman
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



















































04:06 PM



Representative Young explained the effect of amendment L.002 (Attachment B).



17HouseJud0223AttachB.pdf17HouseJud0223AttachB.pdf

BILL: HB17-1087
TIME: 04:07:02 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED: Weissman
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



















































04:07 PM



Representative Young explained the effect of amendment L.003 (Attachment C). Ms. Amanda Hayden, Legislative Council Staff, provided input on the fiscal impact of the amendment.



17HouseJud0223AttachC.pdf17HouseJud0223AttachC.pdf

BILL: HB17-1087
TIME: 04:07:26 PM
MOVED: Salazar
MOTION: Adopt amendment L.003 (Attachment C). The motion passed without objection.
SECONDED: Weissman
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

















































04:07 PM



Representative Weissman explained the effect of amendment L.004 (Attachment D).



17HouseJud0223AttachD.pdf17HouseJud0223AttachD.pdf

BILL: HB17-1087
TIME: 04:09:01 PM
MOVED: Salazar
MOTION: Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED: Weissman
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





















































04:11 PM



Representative Young provided closing remarks in support of HB 17-1087. Various committee members provided their positions on the bill.

BILL: HB17-1087
TIME: 04:11:56 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1087, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:15 PM



The committee recessed.











































04:39 PM -- HB17-1109



The committee returned to order. Representatives Carver and Danielson, prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. Committee members received a fact sheet supporting the bill (Attachment E). Representative Carver provided background on current law surrounding prosecuting pattern sexual assaults of children, and explained the effect of the bill. Representative Danielson discussed the need for the legislation. The following persons testified regarding the bill:



17HouseJud0223AttachE.pdf17HouseJud0223AttachE.pdf



04:44 PM --
Ms. Jill Brodgon, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Brogdon recounted her experiences as a crime victim, and discussed the effect of these events. She discussed the benefits of consolidating jurisdictions for child sexual assault cases.



04:49 PM --
Mr. Landon Gates, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Mr. Gates discussed the impact on victims of being required to participate in multiple trials in multiple locations.



04:51 PM --
Ms. Marijo Rymer, representing the Arc of Colorado, testified in support of HB 17-1109. Ms. Rymer discussed the perpetration of sexual crimes against those with developmental disabilities, and noted the benefits of trial consolidation. Ms. Rymer responded to questions regarding prosecution of crimes perpetrated against those with developmental disabilities.



04:55 PM --
Mr. Bruce Brown, representing the Fifth Judicial District, testified in support of the bill. Mr. Brown discussed the transient nature of those who commit child sexual assault, and difficulties faced by the prosecution in getting the victims to testify in multiple trials.



04:59 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of HB 17-1109. Mr. Lane discussed the judicial efficiencies that will be realized under the bill, and explained the current process for prosecuting pattern child sexual assault. He discussed the impact of this process on victims, and addressed a constitutional concern. Mr. Lane responded to questions regarding what constitutes an act in furtherance of sexual assault. Ms. Amy Ferrin, representing the Eighteenth Judicial District, testified in support of the bill. Ms. Ferrin discussed venue issues that prosecutors face in pattern child sexual assault cases. She responded to questions regarding pattern charges that prosecutors may file under current law, and potential double-jeopardy issues.





































05:16 PM



Discussion continued regarding potential double-jeopardy issues associated with the bill, and the potential for amending the bill to address these issues.



05:30 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar and the Office of the State Public Defender, testified in opposition to HB 17-1109. Ms. Cain raised certain constitutional issues with the bill, and responded to questions about these concerns.





05:41 PM



Ms. Cain continued to respond to questions regarding the constitutional issues she raised.





05:52 PM



Mr. Lane and Ms. Ferrin returned to provide clarification on the double-jeopardy issues raised by the bill. Mr. Lane responded to questions regarding the potential for amending the bill to address the issue.





05:57 PM



The committee recessed.





06:06 PM



The committee returned to order. The chair laid over HB 17-1109 until Tuesday, February 28.





06:07 PM -- HB17-1110



Representative Beckman, prime sponsor, presented House Bill 17-1110, concerning juvenile court jurisdiction regarding matters related to parental responsibilities in a juvenile delinquency case. Representative Beckman explained the effect of the bill and discussed its need. The following persons testified regarding the bill:



06:12 PM --
Ms. Julie Thomerson, representing Adams County and Colorado Counties, Inc., testified in support of the bill. Ms. Thomerson explained how the bill would allow juvenile courts to facilitate the creation of a parenting plan for juvenile delinquents. Ms. Thomerson clarified the reasoning behind the removal of certain language in existing law by the bill, and how a case would be filed in district court under the bill. Ms. Thomerson responded to questions regarding certain notifications required by the bill.



























06:27 PM --
Ms. Ruchi Kapoor, representing the Office of the Respondent Parents' Counsel, testified in opposition to the bill. Ms. Kapoor expressed concerns about the bill regarding the protections of the rights of parents, and addressed questions raised during earlier testimony. She discussed the propriety of appointing advisory counsel for certain parties involved in juvenile delinquency cases under the bill. Ms. Kapoor responded to questions regarding the potential for amending the bill to address her organization's concerns. Ms. Kapoor addressed additional questions. Discussion ensued regarding a forthcoming amendment to the bill.





06:40 PM



Discussion continued regarding the effect of amendment L.001 (Attachment F), and certain reservations Ms. Kapoor had with the amendment. Discussion ensued regarding the term "stipulated" in the bill.



17HouseJud0223AttachF.pdf17HouseJud0223AttachF.pdf



06:44 PM --
Ms. Maureen Cain, representing the Office of the State Public Defender, testified in opposition to HB 17-1110. Ms. Cain explained how the bill would expand the role of the State Public Defender into areas that are outside the office's statutory mandate. Ms. Cain responded to questions regarding the potential for amending the bill to address the office's concerns.



06:50 PM --
Ms. Lydia Waligorski, representing the Rocky Mountain Children's Law Center, testified in support of the bill. Ms. Waligorski read the testimony of Ms. Laurel Markus.



06:53 PM --
Ms. Dorothy Macias, representing the Office of the Child's Representative, testified on the bill from an informational perspective. Ms. Macias expressed some concerns with the bill, and explained the types of circumstances to which the bill would apply. Ms. Macias addressed some issues raised during earlier testimony. Discussion ensued regarding the genesis of amendment L.001. Ms. Macias clarified the office's position on the bill, and responded to questions regarding notifying absent parents about proceedings taking place under the bill. Discussion returned to the efficacy of the language in amendment L.001.





07:05 PM



Discussion continued regarding potential clarifying amendments to HB 17-1110.



07:07 PM --
Mr. Mike Valentine, representing Arapahoe County, testified in support of the bill. Mr. Valentine discussed the benefits of the bill for juveniles, and the clarifying aspects of HB 17-1110. Mr. Valentine addressed concerns expressed about the bill during earlier testimony. Mr. Valentine responded to additional questions regarding the parental notification issue, and the applicability of the bill to parental rights.





























07:19 PM



Discussion continued regarding the potential abrogation of parental rights during the proceedings affected by the bill. Discussion ensued regarding the size of the population that would be affected by HB 17-1110. Mr. Valentine provided clarification regarding what constitutes custody of a child, and how the bill affects kinship placement. Mr. Valentine responded to questions regarding current practice for care of the child population affected by the bill, and a proposed alternative method for resolving the types of cases affected by the bill.





07:34 PM



Discussion returned to parental notification under the bill. Representative Beckman noted some additional entities that support the bill.





07:42 PM



The chair laid over HB 17-1110 for further action on Tuesday, February 28.





07:44 PM -- HB17-1111



Representative Beckman, prime sponsor, presented House Bill 17-1111, concerning allowing juvenile courts to enter civil protection orders in dependency and neglect cases. Representative Beckman explained the effect of the bill and discussed its need. The following persons testified regarding House Bill 17-1111:



07:46 PM --
Ms. Lydia Waligorski, representing the Rocky Mountain Children's Law Center and the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski read the testimony of Ms. Laurel Markus.



07:49 PM --
Ms. Dorothy Macias, representing the Colorado Office of the Child's Representative, testified in support of the bill. She noted that the Colorado Women's Bar Association is also in support of the bill. Ms. Macias explained how protection orders in dependency and neglect cases currently operate.



07:51 PM --
Ms. Julie Thomerson, representing Colorado Counties, Inc. and Adams County, testified in support of the bill. Ms. Thomerson provided further information on the operation of protection orders in dependency and neglect cases, and explained how these orders would be issued under HB 17-1111. Ms. Thomerson responded to questions regarding the term of the protection orders issued under the bill.



07:58 PM --
Mr. Mike Valentine, representing Arapahoe County, testified in support of the bill. Mr. Valentine discussed the types of cases to which the bill applies, and the efficacy of protection orders for juvenile dependency and neglect cases under current law. Representative Beckman noted support for the bill from the County Sheriffs of Colorado.

























08:02 PM



Ms. Thomerson returned to explain the effect of amendment L.002 (Attachment G).



17HouseJud0223AttachG.pdf17HouseJud0223AttachG.pdf

BILL: HB17-1111
TIME: 08:04:43 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED: Melton
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



















































08:05 PM

BILL: HB17-1111
TIME: 08:05:08 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1111, 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





08:06 PM



The committee adjourned.