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H_JUD_2019A 03/14/2019 01:35:35 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/14/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
Pelton X
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 01:35:35 PM to 08:21:38 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
Presentation on pretrial detention reform Committee Discussion Only
HB19-1225 Amended, referred to the Committee of the Whole
HB19-1226 Committee Discussion Only
HB19-1224 Amended, referred to the Committee of the Whole
SB19-027 Committee Discussion Only
HB19-1220 Amended, referred to the Committee of the Whole
HB19-1030 Amended, referred to the Committee of the Whole

Presentation on pretrial detention reform - Committee Discussion Only


01:35:45 PM  

The committee was called to order. A quorum was present. Representative Weissman discussed the day's events. A panel briefed the committee on pretrial detention reform. Mr. Bo Zeerip, representing the Twenty-first Judicial District, discussed monetary bond. Committee members received a packet of informational slides (Attachment A). Mr. Glenn Tapia, representing the Judicial Branch, discussed certain pretrial functions and services, and explained how bills pending before the committee would affect these functions and services. Ms. Becca Curry, representing the ACLU, explained how monetary bond differs among different populations. Committee members received a fact sheet (Attachment B) and a table outlining Colorado's jail population (Attachment C). Ms. Rebecca Wallace, representing the ACLU, discussed trends in the state's jail population, and changing from a monetary-based pretrial release system to a risk-based system. Ms. Elisabeth Epps, representing the Colorado Freedom Fund, discussed the work of her organization, and issues affecting those who are facing a criminal trial.

02:07:29 PM  
Ms. Epps responded to questions regarding the bonds posted by her organization. Discussion ensued regarding pretrial services in other jurisdictions, and the factors involved in granting bail. Ms. Curry responded to questions regarding certain statistics associated with pretrial detention. Discussion followed regarding the merits of pretrial services.
02:23:01 PM  
Discussion ensued regarding the current jail population trend in Colorado, and the impact of pretrial detention. Discussion followed regarding caselaw associated with pretrial detention.

Attorney General Phil Weiser discussed reform of the monetary bond system. Committee members received a policy brief on the issue (Attachment D). Attorney General Weiser responded to questions regarding potential legal challenges to the monetary bail system, and costs associated with bail reform-related legislation. Attorney General Weiser responded to further questions regarding the over-conditioning of bonds.



HB19-1225 - Amended, referred to the Committee of the Whole


02:46:17 PM  

Representatives Herod and Soper, prime sponsors, presented House Bill 19-1225, concerning prohibiting the use of monetary bail for certain levels of offenses except in certain circumstances.  Representative Herod explained the effect of the bill and discussed its need. Representative Soper provided additional input on the merits of the legislation. The following persons testified regarding HB 19-1225:

Ms. Megan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. She explained that the passage of an amendment would remove this opposition. Ms. Dollar cited some constitutional concerns.

Judge Robert Frick, representing the Colorado Municipal Judge Association, testified on the bill. Judge Frick discussed pretrial services, and the role of the court in pretrial detention.

Judge Carrie Clein, representing the Colorado Municipal Judge Association, testified on the bill. Judge Clein discussed dockets that municipal judges face, and the potential loss of court discretion in bail reform. Discussion ensued regarding Judge Clein's concerns. Judge Frick responded to various committee questions.

03:19:13 PM  

Ms. Sandra Freeman, representing herself, testified in support of HB 19-1225. Ms. Freeman discussed the impact of municipal bail on those facing trial. She cited some situations where failure to post bond has resulted in lengthy pretrial detention terms.

Ms. Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed disparities in levying bond by courts. Representative Herod read the testimony of Natalia Marshall in support of the bill. Ms. Epps discussed the bonding situation in Weld County.

03:34:25 PM  

Judge Corin Flannigan, representing the Colorado Municipal Judge Association, testified on the bill. Judge Flannigan provided background on how municipal offense cases are conducted, and timeliness of municipal court process.

Ms. Claire Levy, representing the Colorado Center on Law and Policy, testified in support of HB 19-1225. Ms. Levy discussed the importance of pretrial release.

Mr. James Fisher, representing himself, testified in support of the bill.

03:48:59 PM  

Ms. Amanda Bent, representing the Drug Policy Alliance, testified in support of HB 19-1225.

Ms. Terese Howard, representing Denver Homeless Outloud, testified in support of the bill. Ms. Howard discussed the impact of monetary bond on the homeless population.

Mr. James Fisher, representing himself, testified in support of the bill. Mr. Fisher discussed difficulties in posting bond.

04:02:18 PM  

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of HB 19-1225. Ms. Gorman discussed some constitutional concerns, and the population affected by the inability to meet monetary bond.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain discussed vulnerable populations that are affected by monetary bond.

Mr. Jumoke Emery, representing Progress Now Colorado, testified in support of the bill. Mr. Emery discussed a situation that resulted in him gaining pretrial release.

04:12:20 PM  

Ms. Denise Maes, representing the ACLU, testified in support of HB 19-1225. Ms. Maes recapped issues raised during earlier testimony.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Wallace rebutted some assertions made during earlier testimony, and clarified the effect of the bill. Discussion ensued regarding the potential for amending the bill.

04:33:53 PM  
The committee considered amendment L.002 (Attachment E).


04:35:29 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Soper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:42:22 PM
Motion Adopt amendment L.006
Moved Carver
Seconded Pelton
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez No
Pelton Yes
Roberts No
Soper Yes
Tipper No
Herod No
Weissman No
YES: 4   NO: 6   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:42:25 PM  
Discussion ensued regarding amendment L.006 (Attachment F).
04:45:02 PM  

Discussion ensued regarding amendment L.005 (Attachment G).



04:48:43 PM
Motion Adopt amendment L.005.
Moved Carver
Seconded Bockenfeld
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez No
Pelton Yes
Roberts No
Soper No
Tipper No
Herod No
Weissman No
YES: 3   NO: 7   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:48:45 PM  
Representatives Herod and Soper provided closing remarks in support of HB 19-1225. Various committee members provided their positions on the bill.


04:54:12 PM
Motion Refer House Bill 19-1225, as amended, to the Committee of the Whole.
Moved Herod
Seconded Soper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1226 - Committee Discussion Only


04:54:28 PM  
The committee recessed.
05:10:54 PM  

The committee returned to order. Representatives Herod and Soper, prime sponsor, presented House Bill 19-1226, concerning changes to releases on bond, and, in connection therewith, the development of a pretrial screening process and administrative order for release without any monetary conditions; creating a presumption of release with the least restrictive conditions and without monetary conditions; specifying the information the court considers when making determinations about type of bond and conditions of release; and a requirement for pretrial services programs throughout the state.  Representative Soper explained the effect of the bill and discussed its need. The following persons testified regarding the bill:

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain discussed the work of the Commission on Criminal and Juvenile Justice (CCJJ) on the bill, and explained the benefit of certain provisions of the bill.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane discussed the process by which the bill was crafted, and the merits of the bill's provisions.

Mr. Bo Zeerip, representing the Twenty-first Judicial District, testified in support of the bill. Ms. Cain responded to questions regarding pretrial risk assessment tools. Mr. Zeerip provided input on this issue. Discussion ensued regarding certain constitutional issues and non-bailable offenses. Discussion followed regarding the fiscal impact of the bill, and domestic violence offenses.

05:51:28 PM  

Mr. Jeff Clayton, representing the American Bail Coalition, testified in opposition to HB 19-1226. Mr. Clayton discussed past efforts to reform bail.

Mr. Rob Southey, representing Bankers Insurance Company, testified in opposition to the bill. Mr. Southey discussed costs to conduct a pretrial services system, and cast doubt on pretrial risk assessments.  He spoke to the merits of monetary bail. Discussion ensued regarding alternatives to risk assessment.

06:00:30 PM  

Mr. Glenn Tapia, representing the Division of Probation Services within the Judicial Branch, testified in support of HB 19-1226. He discussed the operation of the programming created by the bill.

Mr. Joe Thome, representing the Department of Public Safety, testified in support of the bill. Mr. Thome discussed the crafting of the bill by CCJJ. Discussion ensued regarding the work of CCJJ. Mr. Tapia responded to questions regarding the provision of services by probation officers under the bill. Mr. Thome provided additional input. Mr. Tapia responded to questions regarding the operation of a pretrial services program by a county, and risk assessments.

Ms. Eva Frickle, representing the Colorado Freedom Fund, read the testimony of Ms. Elisabeth Epps in support of the bill.

Ms. Portia Allen Kyle, representing the ACLU, testified regarding the bill. She discussed pretrial risk assessments.

Ms. Rebecca Wallace, representing the ACLU, testified regarding the bill. Ms. Wallace expressed certain concerns about the bill, and discussed forthcoming amendments. Discussion ensued regarding the amendments. The chair laid over HB 19-1226.



HB19-1224 - Amended, referred to the Committee of the Whole


06:53:18 PM  

Representative Herod, prime sponsor, presented HB 19-1224, concerning providing free menstrual products to people in custody.  Representative Herod explained the effect of the bill and discussed its need. Representative Herod responded to questions regarding the manner in which hygiene products would be presented to offenders under the bill.  The following persons testified regarding HB 19-1224:

Ms. Denise Maes, representing the ACLU, testified in support of the bill. She discussed a potential violation of the U.S. Constitution for failure of correctional facilities to provide hygiene products to offenders.

Ms. Moira Lees, representing herself, testified in support of the bill.

Ms. Kathy Lees, read the testimony of Ms. Elisabeth Epps in support of the bill.

Mr. Elias Diggins, representing the Denver Sheriff's Department, testified in support of the bill. Mr. Diggins responded to questions regarding the need for the legislation, and the manner in which hygiene products are distributed to offenders. Discussion ensued regarding the latter point.

07:15:45 PM  

The committee considered amendment L.001 (Attachment H).



07:16:54 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
07:17:21 PM  

The committee considered amendment L.002 (Attachment I).



07:17:44 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


07:18:50 PM
Motion Refer House Bill 19-1224, as amended, to the Committee of the Whole.
Moved Herod
Seconded Gonzales-Gutierrez
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-027 - Committee Discussion Only


07:19:05 PM  

Representative Weissman explained his decision to lay over Senate Bill 19-027, concerning authorization for a county to use any lawful method to give final disposition to an unclaimed dead body.  The committee heard testimony on the bill and amended it at the committee's February 5 meeting.



HB19-1220 - Amended, referred to the Committee of the Whole

07:20:50 PM  

Representative Sullivan, prime sponsor, presented House Bill 19-1220, concerning allowing a court facility dog to accompany a witness during testimony.  Committee members received a fact sheet in support of the bill (Attachment J). The following persons testified on the bill:

Mr. Greg Staritsky, representing himself, testified in opposition to the bill. Mr. Staritsky discussed the potential for bias to enter the courtroom as a result of the bill.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill. Ms. Cain questioned the need for the legislation, and explained that the bill may infringe upon the court's discretion. She suggested some amendments to the bill. Discussion ensued regarding potential prejudice created by the presence of comfort dogs in the courtroom.

07:39:58 PM  

Mr. Roland Halpern, representing Colorado Voters for Animals, testified in support of the bill. He discussed the comforting benefits of dogs.

Mr. Gary Dawson, representing the Eighteenth Judicial District, testified in support of the bill. He addressed issues raised during earlier testimony. Mr. Dawson discussed court discretion under the bill.

07:47:48 PM  

Representative Sullivan addressed issues raised during earlier testimony. The committee considered amendments L.004 (Attachment K), L.005 (Attachment L), and L.006 (Attachment M).



08:02:07 PM
Motion Adopt amendment L.005.
Moved Roberts
Seconded Pelton
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


08:03:42 PM
Motion Adopt amendment L.006
Moved Roberts
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


08:04:25 PM
Motion Adopt amendment L.004
Moved Weissman
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


08:06:18 PM
Motion Refer House Bill 19-1220, as amended, to the Committee of the Whole.
Moved Roberts
Seconded Galindo
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1030 - Amended, referred to the Committee of the Whole


08:06:37 PM  
The committee recessed.
08:12:11 PM  

The committee returned to order. Representatives Soper and Roberts, prime sponsors, presented House Bill 19-1030, concerning creating the crime of unlawful electronic sexual communication.  The committee heard testimony on the bill at its January 31 meeting. Representative Roberts explained the effect of amendment L.003 (Attachment N), a strike-below amendment.



08:17:11 PM
Motion Adopt amendment L.003
Moved Roberts
Seconded Soper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:17:23 PM  
Representatives Roberts and Soper provided closing remarks in support of HB 19-1030. Various committee members provided their positions on the bill. Representative Roberts responded to a question regarding the sex offender registry.


08:21:06 PM
Motion Refer House Bill 19-1030, as amended, to the Committee of the Whole.
Moved Roberts
Seconded Soper
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo No
Gonzales-Gutierrez No
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod No
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


08:21:38 PM   The committee adjourned.