h_jud_2017a_2017-02-02t07:34:11z0 Hearing Summary

Date: 02/02/2017

Location: RM 271

07:34 AM -- Presentation from the Sex Offender Management Board pursuant to Section 16-11.7-109, C.R.S.



Senator Gardner, chair, called the committee to order. Mr. Chris Lobanov-Rostovsky, Program Director for the Sex Offender Management Board (SOMB), and John Odenheimer, vice-chair of the SOMB, briefed the committee on the SOMB's annual legislative report pursuant to Section 16-11.7-109 (2), Colorado Revised Statutes. Committee members received an executive summary of the legislative report, prepared by the SOMB (Attachment A). Mr. Odenheimer provided an overview of the SOMB, its subcommittees, and its duties. He stated his favorable opinion on the work of the SOMB and its staff. Mr. Odenheimer reviewed the SOMB's statutory responsibilities, including using evidence based standards for sex offender management.



17JointJud0202AttachA.pdf



07:41 AM -- Mr. Lobanov-Rostovsky went through the SOMB's required annual report to the General Assembly. He discussed recent court decisions affecting the SOMB work, and supervision of violent offenders. Mr. Lobanov-Rostovsky discussed the sex offender registry and some options for the legislature concerning the management of the registry. He also reviewed the recent statutorily required data collection plan, and explained that there would need to be additional legislation to implement that plan. He reviewed the SOMB's achievements from the past year. Mr. Lobanov-Rostovsky summarized the SOMB's goals for the upcoming year. Finally, he provided information on the SOMB's polygraph research.





07:54 AM



Mr. Odenheimer and Mr. Lobanov-Rostovsky responded to questions from the committee about the use of polygraph exams, including consequences for refusing to submit to a polygraph exam.





08:03 AM



Mr. Lobanov-Rostovsky continued to respond to questions from the committee about polygraph use. Mr. Lobanov-Rostovsky discussed tools that would be used to manage risk and assess need when an offender refuses a polygraph. He also responded to questions about the SOMB's duty to disclose certain information learned during SOMB's management of offenders, and whether offenders are advised of constitutional certain rights. In response to a question, he discussed the types of polygraph exams that are used and the frequency of exams.





08:14 AM



In response to a question, Mr. Lobanov-Rostovsky discussed implementation of the SOMB's guidelines. Discussion continued about evidence-based practices.





08:26 AM



Mr. Lobanov-Rostovsky continued to respond to questions from the committee about polygraph use. He also responded to a question concerning the availability of treatment providers. He stated that each judicial district has at least one treatment provider, but that sometimes offenders or treatment providers may need to travel.



Mr. Lobanov-Rostovsky responded to a question about general improvements that can be made to the SOMB. Questioning returned to the topic of access to treatment, to which he responded that he had never heard of an offender not being able to receive treatment. He also responded to a question concerning management of offenders convicted of "opportunistic" crimes, as discussed in the SOMB's annual report.



08:39 AM -- Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified to the committee. She distributed a handout to the committee (Attachment B). She discussed the use of polygraph exams in sex offender treatment, including that some scholarly authors' research do not support the use of polygraphs in treatment. She stated that board members do not regularly attend meetings where decisions are made.



17JointJud0202AttachB.pdf



08:46 AM -- Ms. Angel Weant, representing the Division of Probation Services within the Judicial Department, came to the table to respond to committee questions. Ms. Weant discussed the funding available to assist offenders who cannot afford the cost of polygraph exams. She also discussed the cost of polygraph exams, generally.





08:56 AM



Ms. Weant continued to respond to questions concerning the cost of polygraph exams and the sources of funding.





08:59 AM



Senator Gardner asked those in attendance to introduce themselves, even though there was no opportunity to testify. They did so.





09:01 AM



The committee adjourned.