H_JUD_2019A 02/14/2019 01:32:05 PM Committee Summary

The committee was called to order. A quorum was present. Representative Weissman, prime sponsor, presented House Bill 19-1172, concerning an organizational recodification of Titel 12 of the Colorado Revised Statutes, and, in connection therewith, limiting substantive changes to those that conform similar provisions to achieve uniformity, eliminate redundancy, or allow for the consolidation of common provisions or that eliminate provisions that are archaic or obsolete.  Representative Weissman explained the effect of the bill and discussed its need.

No witnesses signed up to testify on HB 19-1172, and no amendments were offered.

The committee recessed.

The committee returned to order. Representative Snyder, prime sponsor, presented House Bill 19-1045, concerning funding for carrying out duties related to the Office of Public Guardianship.  Representative Snyder explained the effect of the bill and discussed its need. Committee members received a letter supporting the bill (Attachment A).  Representative Snyder explained the effect of some forthcoming amendments.

The following persons testified regarding HB 19-1045:

Ms. Deb Bennet-Woods, representing the Office of Public Guardianship (OPG), testified in support of the bill. Ms. Bennett-Woods explained why private funding for the OPG was not feasible, and discussed the population served by the office. Ms. Bennett-Woods responded to questions regarding how offices similar to OPG are funded and administered in other states, who staffs the office, and the selection of pilot program sites in Colorado.

Judge Elizabeth Leaf, representing the Denver Probate Court, testified in support of the bill. Judge Leaf discussed the OPG pilot program conducted in her judicial district, and the need for the services provided by the office. She addressed a question raised during earlier conversation.

Mr. Carl Gladstein, representing himself, testified in support of the bill. Mr. Gladstein discussed the demand for an OPG. Mr. Gladstein responded to questions regarding the Colorado Bar Association's position on the bill. Judge Leaf responded to questions regarding planned staffing for the OPG pilot program in Denver, and the caseload to be carried under the program. Judge Leaf responded to further questions regarding the experience required to be a public guardian, and the role of a public guardian.

Ms. Jean Abbott, representing herself, testified in support of HB 19-1045. She discussed the purpose of the OPG as originally created, and provided examples of the types of individual served by the office.

Ms. Amber Burkhart, representing the Colorado Hospital Association, testified in support of the bill. Ms. Burkhart discussed the role of hospitals in assisting the population served by the OPG.

Ms. Amanda Thompson, representing Denver Health, testified in support of the bill. Ms. Thompson discussed the patients in Denver Health awaiting service by the public guardianship process, and explained why a hospital is not appropriate for long-term care of this population. Discussion ensued regarding the population discharged from hospitals that are eligible for service by the OPG. Ms. Burkhart responded to questions regarding funding for the OPG from hospitals.

Mr. Ed Shackleford, representing the Colorado Senior Lobby, testified in support of HB 19-1045. Mr. Shackleford outlined three reasons for the state to support the OPG, and trends in the population served by the office.

Ms. Stephanie Garcia, representing the Arc of Pueblo, testified in support of the bill. Ms. Garcia discussed services provided by her organization to the subject population, and expressed support for expanding OPG services.

Ms. Cara Oberheide, representing the Alzheimers Association, testified in support of the bill. She discussed the nexus between Alzheimers and the services provided by OPG, and trends in this population. Mr. Shackleford and Ms. Garcia responded to questions regarding the number of individuals requiring the services of OPG. Ms. Oberheide provided input on this issue.

Ms Luanne Fleming, representing FACEUS, testified in opposition to HB 19-1045. Ms. Fleming discussed the lack of oversight over guardians, and the potential for the bill to create targets for guardians who prey on the vulnerable.

Mr. David Cassidy, representing himself, testified in opposition to the bill. Mr. Cassidy recounted the loss of his mother under the oversight of a public guardian, discussed the costs that will result from the bill, and discussed oversight needed for public guardians.

Mr. Robin Austin, representing FACEUS, testified in opposition to the bill. Mr. Austin explained why the bill is inadequate for the task at hand, and discussed the victimization of vulnerable individuals by public guardians. Discussion ensued regarding the indigency requirement to receive services from OPG.

Ms. Maureen Welch, representing herself, testified in opposition to the bill. Ms. Welch discussed certain budget precedents that might be set by the bill, and the burdens to be taken on by the state due to the bill. She discussed certain ethical issues associated with OPG.

Mr. Rob Hernandez, representing himself, testified in opposition to the bill. Mr. Hernandez recounted the case of an incapacitated individual who was placed under public guardianship.

The committee recessed.

The committee returned to order. Representative Snyder explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the timeline for the OPG pilot program under the amendment, and funding for the pilot program. Discussion followed regarding reporting requirements for the pilot program.

Representative Snyder provided closing remarks in support of HB 19-1045. Various committee members provided their positions on the bill.

Representative Gonzales-Gutierrez, prime sponsor, presented House Bill 19-1149, concerning directing the Age of Delinquency Task Force of the Colorado Commission on Criminal and Juvenile Justice to study serving emerging adults in the juvenile justice system. Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need. Committee members received a pre-amended version of the bill (Attachment C).

The following persons testified regarding HB 19-1149:

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman discussed the phenomenon of young adults appearing before courts who are not yet fully cognitively developed.

Ms. Jessica Jones, representing herself, testified in support of the bill. Ms. Jones recounted a case involving a defendant who was not yet cognitively developed when he committed a crime, but developed while in the judicial process. She explained that the bill will help reduce recidivism.

Ms. Priscilla Gartner, representing the Office of the State Public Defender, testified in support of the bill. Ms. Gartner explained how the bill would conform with current jurisprudence and science. She noted other states that have extended juvenile court jurisdiction. Ms. Jones responded to questions regarding the ability of the task force charged with conducting a study under the bill to complete it within one year. Discussion ensued on this point. Discussion followed regarding the fiscal impact of the bill.

Ms. Meg Williams, representing the Division of Criminal Justice within the Department of Public Safety, testified in support of the bill. Ms. Williams discussed the state of science with respect to youth and young adult brain development, and the impact of brain development on crime and incarceration.

Mr. Terry Scanlon, representing the Judicial Branch, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment D). Mr. Scanlon discussed the benefits of studying youth brain development. Mr. Aaron Carpenter, Legislative Council Staff, discussed the process by which the bill's fiscal note was formulated. Mr. Carpenter responded to questions regarding the time frame for the study, as outlined in the fiscal note. Discussion ensued on this point.

Representative Gonzales-Gutierrez explained the effect of amendment L.002 (Attachment E).

Representative Gonzales-Gutierrez provided closing remarks in support of HB 19-1149.