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I_SentencingReform_2017A 09/22/2017 09:09:50 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENTENCING IN THE CRIMINAL JUSTICE SYSTEM

Date: 09/22/2017
ATTENDANCE
Time: 09:09 AM to 11:09 AM
Kagan
X
Lundberg
X
Place: RM 271
Weissman
X
Wist
E
This Meeting was called to order by
Cooke
X
Representative Lee
Lee
X
This Report was prepared by
Bo Pogue
X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
Bills Addressed: Action Taken:
Opening Remarks

Sex Offense Reform

Requests for Drafting of Committee Legislation
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

19 Requests for Drafts Adopted





09:10 AM -- Opening Remarks



The committee was called to order. A quorum was present. Representative Lee provided opening remarks on the committee, its charge, and its work to date. He also cited some incarceration, charging, sentencing, and budget statistics.



09:22 AM -- Sex Offense Reform



Ms. Laurie Rose Kepros, Director of Sexual Litigation, Office of the State Public Defender, briefed the committee on various issues associated with the reform of sexual offense laws. Committee members received a packet of supporting information for the briefing (Attachment A). Ms. Kepros provided an overview of Colorado's Lifetime Supervision Act, and discussed the impact of the act. Ms. Kepros responded to questions regarding statistics associated with those under lifetime supervision for sex offenses. She returned to discussing penalties for sex offenses.



170922 AttachA.pdf170922 AttachA.pdf





















09:32 AM



Ms. Kepros discussed the charging rate under the Lifetime Supervision Act, and the threshold for gaining a conviction under the act. Ms. Kepros cited some additional statistics associated with the prosecution of sex crimes, and responded to questions regarding these statistics. Ms. Kepros discussed a Venn diagram contained in Attachment A, and responded to questions regarding those who have met certain criteria for parole under the Lifetime Supervision Act but have not been released.



09:43 AM



Ms. Kepros further briefed the committee on sex offense issues, using the contents of Attachment A as the basis of her presentation, and discussed risk reduction tactics and recidivism for sex offenders. Discussion ensued regarding sex offenders who cannot access adequate programming to meet parole requirements, and recidivism for sex offenders.



09:58 AM



Discussion continued regarding recidivism rates for sex offenders. Ms. Kepros discussed access to the Department of Corrections' Sex Offense Treatment and Monitoring Program. She responded to questions regarding how to legislatively address the disparate provision of treatment programming to certain risk levels of sex offenders. Ms. Kepros also discussed some caselaw finding sexual offender registries unconstitutional, and factors that lead to a listing on a sex offense registry.



10:13 AM --
Ms. Caryn Datz, representing the Twentieth Judicial District, addressed Ms. Kepros' testimony on sex offenses. Ms. Datz responded to questions regarding the use of polygraph tests in association with sex offenses. Discussion ensued regarding a certain case involving an indeterminate sentence for a sexual offense, and anomalous outcomes for sex offense cases.



10:29 AM -- Requests for Drafting of Committee Legislation



Mr. Jeremiah Barry, Office of Legislative Legal Services, provided some opening remarks about the draft legislation process. Mr. Barry was joined by his colleague Mr. Michael Dohr. Senator Cooke made some remarks about the process. Representative Lee called on members of the committee to offer their draft legislation ideas for consideration. Senator Lundberg initiated the process by requesting draft legislation based on Senate Bill 17-087. A rapid succession of bill draft requests followed.

BILL: Requests for Drafting of Committee Legislation
TIME: 10:33:15 AM
MOVED: Lundberg
MOTION: Draft a committee bill based on Senate Bill 17-087. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:33 AM



Representative Weissman requested a draft bill concerning second look in sentencing.

BILL: Requests for Drafting of Committee Legislation
TIME: 10:35:09 AM
MOVED: Weissman
MOTION: Draft a committee bill concerning allowing a second look for sentencing under certain circumstances. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:35 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:36:01 AM
MOVED: Lee
MOTION: Draft a committee bill based on Colorado Commission on Criminal and Juvenile Justice FY 2016 proposal concerning a mandatory parole period based upon a risk score. The motion failed on a vote of 3-2, based on the inability to secure four affirmative votes.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Fail





10:37 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:37:21 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning clarifying sentences by eliminating extraordinary risk aggravators. The motion failed on a vote of 3-2, based on the inability to secure four affirmative votes.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 3 NO: 2 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Fail



10:39 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:39:29 AM
MOVED: Weissman
MOTION: Draft a bill concerning collateral consequences reduction. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:40 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:40:45 AM
MOVED: Lee
MOTION: Draft a committee bill based on Colorado Commission on Criminal and Juvenile Justice FY 2016 proposal concerning increasing clarity regarding the time individuals will serve in prison based on the severity of the offense. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:41 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:41:50 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning making the mandatory minimum sentence for crimes of violence the bottom of the presumptive sentencing range and not the middle of the range. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:43 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:43:12 AM
MOVED: Weissman
MOTION: Draft a committee bill concerning compassionate release of offenders from prison under certain circumstances. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:44 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:44:51 AM
MOVED: Lee
MOTION: Draft a committee bill concerning direct referrals of certain inmates to residential treatment. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:45 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:45:48 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning specifying which offenses, and number of offenses, are predicate offenses for habitual offenses, and the maximum sentences associated with these offenses. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:47 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:47:18 AM
MOVED: Weissman
MOTION: Draft a committee bill concerning the reauthorization of the Colorado Commission on Criminal and Juvenile Justice. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:48 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:48:58 AM
MOVED: Lee
MOTION: Draft a committee bill concerning reducing the interest rate for restitution and removing restitution as a condition of parole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:50 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:50:34 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning clarifying that mitigating circumstances allow the bench to sentence an offender to a term below the minimum of the presumptive range when it prevents substantial injustice. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:54 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:54:11 AM
MOVED: Weissman
MOTION: Draft a committee bill concerning reducing parole from five to three years. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:55 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:55:40 AM
MOVED: Lee
MOTION: Draft a committee bill based on a Colorado Commission on Criminal and Juvenile Justice proposal create a new community corrections reentry referral process. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





10:57 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:57:07 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning conducting an update of the 2008 "What Works" review and report for criminal sentencing issues. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



10:58 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 10:58:42 AM
MOVED: Lee
MOTION: Draft a committee bill concerning prohibiting drug felony 4 offenders from being sentenced to the Department of Corrections, and treating these offenders through community-based programming. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





11:00 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 11:01:32 AM
MOVED: Weissman
MOTION: Draft a committee bill concerning probation earned time credits. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



11:03 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 11:03:58 AM
MOVED: Kagan
MOTION: Draft a committee bill concerning time periods for petitioning off of the sex offender registry. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS





11:04 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 11:04:55 AM
MOVED: Lee
MOTION: Draft a committee bill concerning allowing the Division of Probation to use resources for offender drug treatment prior to conviction. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
No
Weissman
Yes
Wist
Excused
Cooke
Yes
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



11:05 AM

BILL: Requests for Drafting of Committee Legislation
TIME: 11:06:04 AM
MOVED: Lee
MOTION: Draft a committee bill concerning capping the number of beds for the Department of Corrections and creating a resource allocation fund for judicial districts to commit funding to Department of Corrections incarceration. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Kagan
Yes
Lundberg
Yes
Weissman
Yes
Wist
Excused
Cooke
No
Lee
Yes
YES: 4 NO: 1 EXC: 1 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



11:08 AM



Discussion ensued regarding the process that will be observed for committee legislation going forward.



11:09 AM



The committee adjourned.




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