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h_jud_2017a_2017-05-02t13:31:08z4 Hearing Summary

Date: 05/02/2017

Location: HCR 0112

Final

BILL SUMMARY for SB17-289



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment F). The motion p

Postpone Senate Bill 17-289 indefinitely. The moti

Refer Senate Bill 17-289, as amended, to the Commi
Pass Without Objection

PASS

FAIL







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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