H_JUD_2018A 03/13/2018 01:32:17 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Carver and Ginal, co-prime sponsors, presented House Bill 18-1115, concerning the provision of training materials related to human trafficking by the Department of Public Safety.  Representative Ginal explained the effect of the bill and discussed its need. Representative Carver provided input on the need for the legislation. Discussion ensued regarding trends in human trafficking in Colorado, and how the duties of school personnel will be affected by the bill. Discussion followed regarding funding for the bill's programming, and the school curriculum to be developed under the bill. Representative Carver responded to questions regarding human trafficking-related training for colleges and universities under the bill.

Ms. Margaret Ochoa and Ms. Maria Trujillo, representing the Department of Public Safety, testified in support of the bill. Ms. Trujillo provided an overview of the Human Trafficking Council, housed within the department, and the training developed by the council.  Ms. Ochoa discussed the duties of the School Safety Resource Center within the department, and the benefits of HB 18-1115.  Discussion ensued regarding human trafficking trends in schools among certain demographics.  Discussion followed regarding the impact of transportation infrastructure on human trafficking

Detective Christopher Stadler, representing the Douglas County Sheriff's Office and the Federal Bureau of Investigation's Innocence Lost Task Force, testified in support of HB 18-1115.  Detective Stadler addressed questions raised earlier about the scope of human trafficking in Colorado, and discussed the merits of the bill.  Detective Stadler responded to questions regarding how best to target resources for combatting human trafficking.  Representative Carver provided input regarding the use of resources under the bill.

Ms. Lisa Brandt, representing the Human Trafficking Task Force, Ms. Karen Brofft, representing Lewis Palmer School District, and Ms. Kelly Zebroski, representing Jefferson County, testified in support of the bill.  Ms. Brofft discussed the benefits of HB 18-1115 from a school district's perspective.  Ms. Zebroski discussed her office's work to combat sex trafficking in schools, and the merits of the bill. Ms. Brandt discussed the work of the Human Trafficking Task Force in schools.

Ms. Betty Boyd, representing the American Association of University Women, testified in support of HB 18-1115.  Ms. Boyd discussed the impact of human trafficking in schools, and training available to combat human trafficking.

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

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

Various committee members provided their positions on HB 18-1115.  Representatives Carver and Ginal provided closing remarks in support of the bill.

Speaker Duran, prime sponsor, presented House Bill 18-1256, concerning continuation of the regulation of civil rights issues, and, in connection therewith, implementing the recommendation in the Department of Regulatory Agencies' 2017 sunset review and report on the Colorado Civil Rights Division (CCRD) and the Colorado Civil Rights Commission (CCRC) to continue the division and commission. Speaker Duran was joined by Representative Herod.  Speaker Duran provided background on the CCRD and CCRC, and discussed the merits of the bill.  She also cited some instances where anti-discrimination laws have been enforced. Representative Herod provided input on the importance of civil rights enforcement, and discussed the work of the CCRD.

Mr. Arturo Alvarado, representing the Denver Metro Fair Housing Center, testified in support of the bill. Mr. Alvarado discussed the importance of maintaining the CCRD and CCRC from a housing perspective. Mr. Alvarado explained how his organization interacts with the CCRD.

Mr. Daniel Shannon, representing Gary's Auto Repair Shop, Mr. Mizraim Cordero, representing the Denver Metro Chamber of Commerce, and Ms. Iris Halpern, representing the Colorado Trial Lawyers Association, testified in support of the bill. Mr. Shannon discussed the benefits of the CCRD and CCRC to small businesses. Mr. Cordero discussed the processes observed in litigating civil rights claims, and the benefits to business of maintaining the CCRD and CCRC. Ms. Halpern explained the interplay of federal and state civil rights laws, and discussed certain benefits of maintaining the CCRD and CCRC.

Ms. Iman Jodeh, representing the Interfaith Alliance of Colorado, and Mr. Scott Levin, representing the Anti-Defamation League, testified in support of HB 18-1256. Mr. Levin discussed historic discrimination against Jews, and the continued need for the CCRD and CCRC. Ms. Jodeh discussed the importance of the CCRD to her community, and the potential impact of discontinuing the division to Colorado's economy. Discussion ensued regarding trends in discrimination over the past year.

Mr. Christiano Sosa, representing the Arc of Colorado, and Ms. Ashley Wheeland, representing the Women's Lobby, testified in support of HB 18-1256. Ms. Wheeland discussed the importance of the work of the CCRD. Mr. Sosa discussed the need to maintain the CCRD from the perspective of the disability community.

Mr. Barry Roseman, representing the Plaintiff Employment Lawyers Association, and Ms. Emma Bliesener, representing Padres y Jovenes Unidos, testified in support of the bill. Ms. Bliesener discussed the need to continue the CCRD and CCRC. Mr. Roseman discussed recent trends in discrimination, and discrimination cases that are covered only by Colorado law, and not federal law. He spoke against placing certain restrictions on the CCRD and CCRC.  Discussion ensued regarding changing the representation of the CCRC, and applying certain judicial rules to the commission.

Ms. Betty Boyd, representing the American Association of University Women, and Ms. Judith Marquez, representing 9to5 Colorado, testified in support of HB 18-1256. Ms. Boyd discussed the charge of the CCRD, and the benefits of its activities. She also noted the Colorado Religious Coalition for Reproductive Choice's support for the bill. Ms. Marquez explained how her organization relies on the CCRD to enforce civil rights laws, and cited some examples of discrimination.

Ms. Karla Gonzales Garcia, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, and Ms. Andrea Wilkins, representing the League of Women Voters, testified in support of HB 18-1256. Ms. Gonzales Garcia discussed the importance of the work of the CCRD, and trends in discrimination. Ms. Wilkins discussed the protections afforded by the CCRC.

Ms. Keira Havens, representing herself, and Ms. Christina Johnson, representing the Colorado Senior Lobby, testified in support of the bill. Ms. Johnson discussed the importance of maintaining the CCRD. Ms. Havens explained that now is not the time to consider sunsetting the CCRD and CCRC.

Ms. Emma Davis, representing herself, and Ms. Lehua La'a, representing herself, testified in support of the bill. Ms. Davis discussed the potential impact of cutting funding for the CCRD and CCRC. Ms. La'a explained how a person's name might affect employment prospects, and civil rights recourse in the absence of the CCRC and CCRD. Ms. La'a responded to questions regarding how she navigates job hunting.

No amendments were offered to HB 18-1256. Various committee members provided their positions on HB 18-1256. Representative Herod and Speaker Duran provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representatives Carver and Lee, prime sponsors, presented Senate Bill 18-135, concerning updates to the Colorado Code of Military Justice.

Colonel Gina Simonson, representing the Colorado Air National Guard, and Lt. Colonel Keith Robinson, representing the Colorado Army National Guard, testified in support of the bill. Colonel Simonson explained that the bill is a clean-up bill in nature. Discussion ensued regarding the stakeholder process in crafting the bill. Representative Carver explained that amendment L.003 (Attachment C) addresses certain concerns.  Discussion followed regarding the effect of the amendment, and a potential redundancy in the bill. Colonel Simonson responded to questions regarding the interplay between the Colorado Code of Military Justice and the Uniform Code of Military Justice under the bill.

The committee recessed.

The committee returned to order.  Representative Lee, prime sponsor, presented House Bill 18-1156, concerning limitations on penalties for truancy.  Representative Lee explained the effect of the bill and discussed its need. Committee members received a handout concerning truancy and the use of detention, prepared by the Division of Criminal Justice with the Department of Public Safety (Attachment D); a handout with statistics concerning truancy and secure detention, prepared by the division (Attachment E); and amendment L.001 (Attachment F). Discussion ensued regarding amendment L.001. Representative Lee responded to questions regarding the current process for handling the habitually truant, and how the habitually truant would be handled under HB 18-1156.

Ms. Serena Gonzalez Gutierrez, representing the Denver Collaborative Partnership, testified in support of HB 18-1156. Ms. Gonzalez Gutierrez discussed issues faced by the families of those who are habitually truant, and the paths often followed by those who are sentenced to the Division of Youth Corrections for truancy. Ms. Gonzalez Gutierrez responded to questions regarding resources available to those families with truancy issues.

Judge Jessica Curtis, representing the Judicial Branch, testified on the bill from a neutral perspective. Judge Curtis changes made to truancy court in her jurisdiction, and resources needed for families with truancy issues. Judge Curtis responded to questions regarding amendment L.001. Discussion ensued amendment L.007 (Attachment G). Judge Curtis responded to questions regarding trends in truancy, and the level of concern exhibited by courts concerning truant children. Judge Curtis responded to questions regarding the Judicial Branch's position on the amendments.

Ms. Rebecca Wallace, representing the ACLU, and Ms. Elise Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill.  Ms. Wallace discussed the process by which the bill was crafted. Ms. Logemann discussed the harms caused by detention of youth in the juvenile justice system, alternatives to detention for the truant, and services that may assist in preventing truancy.  Discussion ensued regarding the prevalence of the use of detention for truancy across various areas of the state. Discussion returned to amendment L.001.

Discussion ensued regarding potential issues with the use of youth detention. Committee members received a letter in support of HB 18-1156 from the Colorado Children's Campaign (Attachment H).

Mr. Joe Thome, representing the Department of Public Safety, and Ms. Diane Fox, representing Infinite Frontier Consulting, testified on the bill from a neutral perspective. Ms. Fox discussed research conducted by her firm that resulted in the information found in Attachment E.  Mr. Thome discussed efforts to reduce the use of detention for truancy. Committee members received a memorandum regarding the use of detention, prepared by Hilltop (Attachment I).

Ms. Linda Weinerman, representing the Office of the Child's Representative, and Ms. Stacie Colling, representing the Office of Alternate Defense Counsel, testified in support of HB 18-1156.  Ms. Weinerman discussed trends in truancy cases that she is seeing in her office, and issues that may be leading to truancy.  She also discussed the ramifications of detention.  Ms. Colling related the details of a truancy case handled by her office.

Ms. Jennifer Levin, representing Disability Law Colorado, and Ms. Stephanie Villafuerte, Child Protection Ombudsman, testified in support of the bill.  Ms. Levin discussed the rate of truancy among the disabled, and services that can help to address truancy for this population.  Ms. Villafuerte discussed trends in the use of detention for truancy, and problems with using detention.  Ms. Weinerman returned to respond to questions regarding truancy rates in Colorado.

Mr. Joseph Hinojosa, representing himself, and Ms. Jenna Zerylnick, representing the Colorado Association of School Boards, testified regarding the bill. Ms. Zerylnick provided an overview of truancy laws, and expressed some concerns with HB 18-1156. Mr. Hinojosa supported the bill from a socio-economic perspective. Ms. Zerylnick clarified her organization's position on the bill as neutral, and responded to questions regarding potential benefits of the bill. Discussion ensued regarding a potential constitutional issue with the bill.

Mr. Nate Golich, representing the Colorado Education Association, testified in support of the bill. Mr. Golich discussed negative outcomes for students related to their removal from school, and alternatives to detention.

Representative Lee explained the effect of amendment L.008 (Attachment J).

Various committee members provided their positions on HB 18-1156. Representative Lee provided closing remarks on the bill.