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H_JUD_2017A 05/02/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 05/02/2017
ATTENDANCE
Time: 01:31 PM to 06:52 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
*
Herod
X
This Meeting was called to order by
Lundeen
*
Representative Lee
Melton
*
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:
HB17-1319

HB17-1360

SB17-236

SB17-201

SB17-289
Postponed Indefinitely

Referred to House Finance

Amended, Referred to House Appropriations

Referred to House Appropriations

Postponed Indefinitely





01:32 PM -- HB17-1319



The committee was called to order. A quorum was present. Representative Sias, prime sponsor, presented House Bill 17-1319, concerning the neutrality of appraisers retained to help the parties to an insurance claim establish the appropriate valuation. The committee heard testimony on the bill at its April 27 meeting. Representative Sias requested that the bill be postponed indefinitely. Representative Sias responded to questions regarding future prospects for legislation similar to HB 17-1319.










































BILL: HB17-1319
TIME: 01:35:43 PM
MOVED: Salazar
MOTION: Postpone House Bill 17-1319 indefinitely. The motion passed on a vote of 10-0.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Excused
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





01:37 PM -- HB17-1360



Representative Pabon, prime sponsor, presented House Bill 17-1360, concerning allowing a person with a subsequent criminal case to seal a low-level offense. Representative Pabon explained the effect of the bill and discussed its need. Representative Pabon responded to questions regarding the population covered by the bill, and potential equal protection issues. Discussion ensued regarding the implication of habitual offender statutes by the bill. The following persons testified regarding HB 17-1360:



01:53 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar and Colorado Criminal Defense Institute, testified in support of the bill. Ms. Thompson provided an overview of record sealing for certain offenses under current law, and discussed circumstances in which the bill would benefit individuals. Ms. Thompson responded to questions regarding the types of petty offenses invoked by the bill, and the difference between record sealing and record expungement. Ms. Thompson responded to further questions regarding the drafting history of HB 17-1360, and the demand for record sealing on the part of the public.



02:04 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Lane discussed the types of offenses covered by the bill, and addressed the issue of habitual offenses. He responded to questions regarding the sealing of certain records that are not habitual in nature. Mr. Lane explained that employers should have access to criminal records under certain circumstances. Mr. Lane responded to questions regarding support of his organizations for bills that allow record expungement or sealing, and the ramifications of allowing open access to records associated with minor crimes.























02:15 PM



Discussion ensued regarding disparities in the parameters for specific crimes among local jurisdictions. Discussion returned to the position of the Colorado District Attorneys' Council on certain legislation considered by the General Assembly in 2017. Mr. Lane responded to questions regarding the petty offense element of HB 17-1360. Representative Pabon addressed remarks made during Mr. Lane's testimony.





02:21 PM



No amendments were offered to HB 17-1360.

BILL: HB17-1360
TIME: 02:21:20 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1360 to the Committee on Finance. 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









































02:25 PM -- SB17-236



Representative Weissman, prime sponsor, presented Senate Bill 17-236, concerning the continuation of the regulation of bail bonding agents regulated by Article 23 of Title 10, Colorado Revised Statutes, and, in connection therewith, implementing the sunset review recommendations of the Department of Regulatory Agencies. Representative Weissman explained the effect of the bill and discussed its merits. Representative Weissman also explained the effect of amendment L.001 (Attachment A). No one testified regarding SB 17-236. Representative Weissman responded to a question regarding amendment L.001.



17HouseJud0502AttachA.pdf17HouseJud0502AttachA.pdf

BILL: SB17-236
TIME: 02:33:11 PM
MOVED: Weissman
MOTION: Adopt amendment L.001 (Attachment A). 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











































02:40 PM

BILL: SB17-236
TIME: 02:41:06 PM
MOVED: Weissman
MOTION: Refer Senate Bill 17-236, 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





02:43 PM -- SB17-201



Representative Lee, prime sponsor, presented Senate Bill 17-201, concerning the continuation of the Domestic Violence Offender Management Board (board), and, in connection therewith, implementing the recommendations of the 2016 sunset report issued by the Department Regulatory Agencies. Representative Lee explained the effect of the bill and discussed its need. Discussion ensued regarding domestic violence recidivism. The following persons testified regarding SB 17-201:



02:48 PM --
Mr. Jesse Hansen and Ms. Carolina Thomasson, representing the Domestic Violence Offender Management Board, testified in support of the bill. Mr. Hansen discussed the duties of the board. Committee members received a fact sheet supporting the bill, prepared by the Department of Public Safety (Attachment B). Mr. Hansen addressed the issue of domestic violence recidivism. Ms. Thomasson discussed the approval process for domestic violence evaluation and treatment providers, and the treatment process itself. Discussion ensued regarding a potential forthcoming amendment. Mr. Hansen and Ms. Thomasson responded to questions regarding the qualifications to serve on the board under the bill.



17HouseJud0502AttachB.pdf17HouseJud0502AttachB.pdf

















03:05 PM



Discussion ensued regarding pending legislation to create a committee to study domestic violence fatalities, and how the work of the board will intersect with this committee.



03:07 PM --
Ms. Lynnette Cunningham, representing Safe Solutions Treatment Opportunity Program; Mr. Peter Di Leo, representing Di Leo and Associates; and Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Cunningham explained how domestic violence offenders are rehabilitated, and the ramifications of the cessation of treatment. Mr. Di Leo discussed the benefits of keeping the board in place. Ms. Waligorski discussed the benefits of standardizing practices for treating domestic violence offenders, and spoke on a forthcoming amendment.



03:20 PM --
Mr. David Harrison, representing the Colorado Criminal Defense Bar, testified on the bill, requesting that the bill be amended. He outlined some cases where individuals were charged with domestic violence or violation of a civil protection order where they probably should not have, and were thus assigned to domestic violence treatment. Mr. Harrison discussed the criteria that those who undergo domestic violence treatment must meet, and the process by which a person may seek a waiver of the treatment. He asked for an amendment to address these issues. Mr. Harrison responded to questions regarding risk and needs assessments for domestic violence treatment being used in other states, and the efficacy of such assessments.





03:33 PM



Discussion ensued regarding the intent of amendment L.002 (Attachment C).



17HouseJud0502AttachC.pdf17HouseJud0502AttachC.pdf



03:38 PM --
Mr. Brian Tobias, representing the Department of Regulatory Agencies, made himself available to respond to questions on the bill. Mr. Tobias responded to questions regarding consideration of the elements in amendment L.002 during the board's sunset review process, and the historic granting of variances by the board. Discussion ensued regarding how an individual seeks, and is granted, a variance from domestic violence treatment. Mr. Hansen returned to answer questions about this issue. Committee members received information on the variance process (Attachments D and E).



17HouseJud0502AttachD.pdf17HouseJud0502AttachD.pdf 17HouseJud0502AttachE.pdf17HouseJud0502AttachE.pdf































03:50 PM



Discussion continued regarding the variance process and amendment L.002.





03:54 PM



The committee recessed.





03:55 PM



The committee returned to order.

BILL: SB17-201
TIME: 03:55:48 PM
MOVED: Willett
MOTION: Adopt amendment L.002 (Attachment C). The motion failed for lack of a second.
SECONDED:
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





03:56 PM



Representative Lee provided closing remarks in support of SB 17-201.





03:59 PM




The committee recessed.



















04:02 PM




The committee returned to order.

BILL: SB17-201
TIME: 03:57:19 PM
MOVED: Lee
MOTION: Refer Senate Bill 17-201 to the Committee on Appropriations. The motion passed on a vote of 10-1.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
No
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:03 PM -- SB17-289



Representative Lawrence, prime sponsor, presented Senate Bill 17-289, concerning allowing the Department of Human Services to transfer custody of certain adult offenders from the Division of Youth Corrections (DYC) upon a court order. Representative Lawrence explained the effect of the bill and discussed its need. She responded to questions concerning offenses committed by juveniles who may be transferred.



04:12 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. She discussed constitutional concerns regarding the bill, and responded to questions concerning sentencing. Ms. Thompson explained differences in sentencing between adults and juveniles that would exist under the bill. Ms. Thompson responded to questions concerning sentencing schemes similar to that under the bill, and the potential unconstitutionality of the bill.





























04:23 PM



Discussion ensued regarding safety considerations in transferring offenders from DYC. Discussion returned to certain constitutional issues associated with the bill.



04:37 PM --
Ms. Lindy Frolich, representing the Office of the Alternate Defense Counsel, testified in opposition to the bill. Ms. Frolich explained a scenario under which an offender could be moved from DYC to the Department of Corrections based on committing a misdemeanor while in DYC. Ms. Frolich addressed questions raised during earlier discussion, and the fiscal impact of the bill. She also mentioned that the bill complicates sentencing. Ms. Frolich responded to questions regarding allowing the court discretion to determine where offenders should serve their sentences. Discussion returned to potential constitutional issues with SB 17-289.



04:46 PM --
Ms. Jenifer Stinson, representing herself, testified in opposition to the bill. Ms. Stinson addressed earlier questions about transfer cases, and explained how different age groups are segregated at DYC. She also explained how the bill could create a dangerous environment for certain DYC offenders. Ms. Stinson responded to questions regarding potential equal treatment issues based on youth brain development.



04:52 PM --
Ms. Elise Logemann, representing the Colorado Juvenile Defender Center, testified in opposition to the bill. Ms. Logemann explained that there are already mechanisms in place for transferring offenders out of DYC, and the bill could subject certain individuals to additional sentencing. She cited statistics pertaining to which age groups commit certain offenses in DYC, and addressed earlier questions about the potential recidivism impacts of transferring DYC offenders. Ms. Logemann responded to questions regarding legislative trends in other states on the issue. Discussion returned to safety issues associated with keeping certain individuals in DYC. Ms. Logemann responded to questions regarding how juveniles are sentenced to the Youthful Offender System.



05:07 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman explained that the organization believes DYC should focus on youth.



05:08 PM --
Mr. Antoine Byrd, Ms. Danielle Torrez, and Mr. Anders Jacobson, representing the DYC, testified in support of SB 17-289. Mr. Jacobson explained that DYC staff and families question allowing violence to be perpetrated in the facilities by those over 18 years of age, and discussed efforts to create a therapeutic environment in the facilities. Discussion ensued regarding participation in hearings that result in transferring offenders out of DYC. Mr. Jacobson addressed earlier discussion about the proportion of those above 18 who commit assaults in DYC, and trends in other states regarding housing adults in youth corrections facilities. Discussion ensued regarding the timing of the bill in terms of its introduction, and problems associated with DYC culture.





05:27 PM



Discussion returned to the segregation of different age groups in the DYC system. Ms. Torrez discussed instances of assault in DYC committed by those over 18 years of age, and explained how this situation jeopardizes the mission of the system. Discussion returned to the culture of violence in DYC. Ms. Torrez responded to questions regarding current remedies for removing violent individuals from DYC. Discussion ensued on these points.





















05:40 PM



Mr. Jacobson responded to questions regarding sentencing for DYC offenders who commit multiple violent acts while in custody. Mr. Byrd provided additional input on violence committed by adults in DYC. He responded to questions regarding remedies for this situation, and deescalation techniques employed in DYC. Discussion returned to the timing of consideration of the legislation.



05:58 PM --
Mr. Charles Tyous and Mr. Chad Reznicek, representing the DYC, testified in support of the bill. Mr. Tyous discussed assaults on DYC personnel by offenders. Mr. Reznicek discussed the mission of DYC, and the practices observed in the system. He discussed the population that is the target of the legislation. Mr. Tyous and Mr. Reznicek responded to questions regarding certain instances of transfers between the DYC and adult correctional system. Discussion ensued regarding the participation of DYC personnel in the sentencing process for offenders who have committed assault while in custody.





06:17 PM



Representative Lee made a suggestion that DYC communicate with district attorneys about the victimization of staff.



06:19 PM --
Ms. Amanda Hayden, Legislative Council Staff, addressed earlier testimony about costs associated with certain transfer hearings that would take place under SB 17-289.





06:22 PM



Representative Lawrence explained the effect of amendment L.004 (Attachment F).



17HouseJud0502AttachF.pdf17HouseJud0502AttachF.pdf












































BILL: SB17-289
TIME: 06:24:31 PM
MOVED: Lundeen
MOTION: Adopt amendment L.004 (Attachment F). The motion passed without objection.
SECONDED: Carver
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







































































06:25 PM



Various committee members provided their positions on SB 17-289. Representative Lawrence provided closing remarks in support of the bill.

BILL: SB17-289
TIME: 06:26:02 PM
MOVED: Lundeen
MOTION: Refer Senate Bill 17-289, as amended, to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED: Carver
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL














































BILL: SB17-289
TIME: 06:51:24 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-289 indefinitely. The motion passed on a vote of 7-4.
SECONDED: Salazar
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





06:52 PM



The committee adjourned.


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