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h_jud_2017a_2017-05-02t13:31:08z3 Hearing Summary

Date: 05/02/2017

Location: HCR 0112

Final

BILL SUMMARY for SB17-201



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment C). The motion f

Refer Senate Bill 17-201 to the Committee on Appro


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














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