h_jud_2018a_2018-03-13t13:32:17z3 Hearing Summary

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.