S_JUD_2016A 04/20/2016 01:32:40 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 04/20/2016 |
ATTENDANCE
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| Time: | 01:32 PM to 07:36 PM |
Aguilar
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X
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Cooke
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X
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| Place: | RM 271 |
Merrifield
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X
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Lundberg
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*
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-181 SB16-180 |
Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations |
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01:33 PM -- SB16-181
Senator Roberts, chair, called the committee to order. A quorum was present. Senator Roberts explained procedures that would be used for the meeting. Senator Jahn and Senator Woods, co-prime sponsors, presented Senate Bill 161-181, concerning the sentencing of persons convicted of class 1 felonies committed while the persons were juveniles. Senator Jahn explained the purpose of the bill, including a discussion of U.S. Supreme Court decisions that prompted the bill. The sponsors explained and distributed amendments L.002 (Attachment A) and L.004 (Attachment B).
16SenateJud0420AttachA.pdf 16SenateJud0420AttachB.pdf
01:44 PM -- Ms. Kathleen Lord, representing herself, testified in support of the bill. Ms. Lord provided background on legal issues and court decisions relating to the bill. Ms. Lord responded to questions regarding court decisions concerning sentencing juveniles.
01:54 PM -- Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff explained the bill's provisions. Ms. Proff responded to questions regarding the status of those to which the bill would apply, and individualized sentencing hearings. Senator Woods and Ms. Proff discussed specific sentencing practices, and serving consecutive sentences.
02:05 PM -- Ms. Sharletta Evans, representing herself, testified in support of the bill. Ms. Evans discussed her experience following her son being a victim of violent crime, including her work in a restorative justice program.
02:12 PM -- Mr. John Leonardelli, representing himself, testified in opposition to the bill. He discussed specific provisions of the bill he opposes.
02:15 PM -- Mr. Richard Castor Jr., representing himself, testified in opposition to the bill. He discussed his experience after his mother was a victim of violent crime. He also discussed testifying on sentencing bills before committees.
02:18 PM -- Ms. Gail Palone, accompanied by Mr. Wayne Palone, representing themselves, testified in opposition to the bill. Ms. Palone discussed sentencing generally, and addressed her concerns as a family member of a victim. Ms. Palone responded to questions concerning the death of her son as a victim of a violent crime.
02:25 PM -- Mr. Joe Foley, representing himself, testified in opposition to the bill. Mr. Foley discussed the circumstances surrounding sentencing following the death of his nephew, and the evolution of the law. He also explained his views on juvenile sentencing.
02:28 PM -- Mr. Raymond Harlan, representing Colorado Victims for Justice, testified in opposition to the bill. He discussed the bill's provisions in the context of U.S. Supreme Court decisions. He discussed the effect of the bill on victims' families.
02:32 PM -- Mr. Arthur Williams, representing himself, testified in opposition to the bill. He discussed his experience with the death of his cousin as a victim of violent crime.
02:35 PM -- Ms. Ann Hardy, representing herself, testified in opposition to the bill. Ms. Hardy discussed her experience concerning the death of her son as a victim of violent crime.
02:38 PM -- Mr. McKinley Dixon, representing himself, testified in opposition to the bill. Mr. Dixon discussed his position on the bill as a member of a victim's family, and his experience with his father's death as a victim of violent crime.
02:41 PM -- Ms. Susan Moran, representing herself, testified in opposition to the bill. She discussed her experience following the death of her husband as a victim of violent crime.
02:45 PM -- Mr. Richard Orman, representing the Eighteenth Judicial District Attorney's Office, testified in opposition to the bill. Mr. Orman discussed his concerns regarding the bill's effect on consecutive sentencing. He responded to a question regarding sentencing under circumstances described in prior testimony.
02:48 PM -- Mr. David Jones, representing the Eighteenth Judicial District Attorney's Office, testified in opposition to the bill. He discussed sentencing in a specific case. He read a third party statement.
02:53 PM -- Mr. Bruce Brown, representing the Fifth Judicial District Attorney's Office, testified in opposition to the bill. He expressed opposition from certain victims unable to attend the hearing. He discussed sentencing as a prosecutor, including sentencing in specific cases. He responded to questions regarding sentencing in a specific case.
02:59 PM -- Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill.
03:01 PM -- Mr. Mitch Morrissey, Denver District Attorney, testified in opposition to the bill. He stated that legislative action is not necessary to comply with court decisions. He spoke favorably for prior testimony opposing the bill. He also discussed sentencing, generally.
03:05 PM -- Mr. Andy Cooper, representing the Colorado Attorney General's Office, testified in opposition to the bill. He raised issues relating to the constitutional separation of powers requirement. He responded to a question about potential court challenges to the bill.
03:10 PM -- Mr. Pete Weir, First Judicial District Attorney, testified in opposition to the bill. He discussed specific cases when juveniles committed, and were sentenced for, violent crimes. He responded to questions relating to court decisions, potential amendments to the bill, and felony murder.
03:18 PM -- Ms. Carla Bennett, representing the Colorado League of Women Voters, testified in support of the bill. She stated opposition to mandatory sentencing for juveniles, and the desire for individualized sentencing and rehabilitation.
03:22 PM -- Mr. Ryan Smith, representing himself, testified in support of the bill. Mr. Smith discussed the circumstances of a specific inmate.
03:25 PM -- Mr. John Johnson, representing himself, testified in support of the bill. Mr. Johnson discussed sentencing, including his son's sentencing.
03:30 PM -- Senator Joanne Benson, Maryland State Senate, testified in support of the bill. Senator Benson discussed her experience with a former student who was convicted and sentenced for a crime in Colorado. She responded to a question concerning her former student's crime.
03:37 PM -- Mr. Bruce Grode, representing himself, testified in support of the bill. He discussed his experience serving as a juror in a murder trial.
03:42 PM -- Dr. Carey Chamberlin, representing himself, testified in support of the bill. He discussed his experience working in youth corrections. He and Senator Aguilar discussed medical and behavioral science research.
03:49 PM -- Ms. Ashley Ratliff, representing the Colorado Juvenile Defender Center, testified in support of the bill. She discussed the circumstances of sentenced juveniles. Ms. Ratliff responded to a question about the judicial process regarding sentences affected by the bill.
03:54 PM -- Mr. Phil Cherner, representing himself, testified in support of the bill. He discussed the parole process for adults. Mr. Cherner responded to questions concerning earned time and the process for granting parole.
04:01 PM -- Mr. Jeremy Schupbach, representing the Colorado Bar Association, testified in support of the bill. Mr. Schupbach discussed legal decisions concerning sentencing schemes, and the bill's provisions.
04:04 PM -- Mr. Jack Smith, representing himself, testified in support of the bill. Mr. Smith discussed his experience as a judge with sentencing convicted offenders.
04:10 PM -- Ms. Hillary Vervalin, representing herself, testified in support of the bill. She discussed her work, as a social worker, with convicted juveniles.
04:12 PM -- Ms. Stacie Colling, representing herself, testified in support of the bill. Ms. Colling discussed an article she authored concerning life expectancy in prison.
04:15 PM -- Mr. Tyrone Glover, representing the Sam Cary Bar Association, testified in support of the bill. He discussed racial disparities in sentencing.
04:19 PM -- Ms. Jill Delancey, representing the Colorado Chapter of the National Association of Blacks in Criminal Justice, testified in support of the bill. Ms. Delancey discussed medical and behavior studies, and racial disparities in sentencing.
04:23 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. She discussed rehabilitation and juvenile sentencing.
04:25 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed sentencing in specific cases, and the constitutional requirements for sentencing.
04:30 PM -- Ms. Devena Frazzini, representing herself, testified in support of the bill. Ms. Frazzini discussed her father's imprisonment and the impact this has had on her and her family.
04:35 PM -- Mr. Juan Chavarria, representing himself, testified in support of the bill. He discussed his experience following his brother's conviction as a juvenile.
04:40 PM -- Ms. Debbie Stafford, representing herself, testified in support of the bill. Ms. Stafford discussed her experience treating offenders.
04:43 PM -- Pastor Madlyn Tombs, representing herself, testified in support of the bill. She described a situation in which her son was convicted and incarcerated as a juvenile, and discussed restorative justice practices.
04:48 PM -- Pastor Garcia, representing himself, testified on the bill. He discussed his experience with his brother who was incarcerated as a juvenile.
04:51 PM -- Mr. Dan May, Fourth Judicial District Attorney, testified in opposition to the bill. He spoke on the process for developing the bill, and expressed opposition to specific provisions of the bill and the amendments.
04:55 PM -- Ms. Hollis Whitson, representing herself, testified on the bill. She discussed sentencing juveniles.
04:59 PM -- Captain John Mayns, representing the Jefferson County Sheriff and County Sheriffs of Colorado, testified in opposition to the bill. He discussed victims' concerns and stated that the bill was not an adequate way to work with those convicted of crimes.
05:01 PM
The committee recessed.
05:12 PM
The committee returned to order. Ms. Carrie Thompson returned to the table to explain amendment L.002. She responded to questions concerning the amendment.
| BILL: | SB16-181 | |
| TIME: | 05:16:25 PM | |
| MOVED: | Merrifield | |
| MOTION: | Adopt amendment L.002 (Attachment A). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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Ms. Thompson explained amendment L.004.
| BILL: | SB16-181 | |
| TIME: | 05:17:23 PM | |
| MOVED: | Merrifield | |
| MOTION: | Adopt amendment L.004 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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05:18 PM
Senator Cooke distributed amendments L.005 (Attachment C) and L.006 (Attachment D). Senator Cooke explained amendment L.005; the committee and sponsors discussed both amendments.
16SenateJud0420AttachC.pdf 16SenateJud0420AttachD.pdf
| BILL: | SB16-181 | |
| TIME: | 05:20:37 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.005 (Attachment C). The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Cooke
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Yes
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Merrifield
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No
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Lundberg
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No
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Roberts
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Yes
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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Senator Cooke explained amendment L.006, and responded to a question about the amendment.
| BILL: | SB16-181 | |
| TIME: | 05:21:17 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.006 (Attachment D). The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Cooke
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Yes
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Merrifield
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No
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Lundberg
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No
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Roberts
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Yes
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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05:23 PM
Senator Jahn and provided closing remarks on the bill.
05:28 PM
Committee members provided their positions on the bill.
| BILL: | SB16-181 | |
| TIME: | 05:33:43 PM | |
| MOVED: | Merrifield | |
| MOTION: | Refer Senate Bill 16-181, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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No
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Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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05:34 PM -- SB16-180
Senator Woods and Senator Jahn, co-prime sponsors presented Senate Bill 16-180, concerning a specialized program within the Department of Corrections for certain offenders who were convicted as adults for offenses they committed as juveniles. Senator Woods distributed amendments L.001 (Attachment E), L.002 (Attachment F), L.004 (Attachment G), L.005 (Attachment H), and L.006 (Attachment I).
16SenateJud0420AttachE.pdf 16SenateJud0420AttachF.pdf
16SenateJud0420AttachG.pdf 16SenateJud0420AttachH.pdf
16SenateJud0420AttachI.pdf
05:39 PM -- Ms. Maureen Cain, representing the State Public Defender, testified in support of the bill. Ms. Cain explained the bill's provisions. Ms. Cain responded to a question regarding the effect of this bill on resentencing.
05:49 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner expressed concern over the role of the judiciary in sentencing and parole, and victim concerns.
05:52 PM -- Mr. Raymond Harlan, representing Colorado Victims for Justice, testified in opposition to the bill. He stated the program created by the bill is redundant, and that people should not be eligible for the program after 20 years.
05:56 PM -- Mr. Dave Jones, representing the Eighteenth Judicial District Attorney's Office, testified in opposition to the bill. Mr. Jones discussed the finality of sentencing.
05:59 PM -- Mr. Rich Orman, representing the Eighteenth Judicial District Attorney's Office, testified in opposition to the bill. Mr. Orman discussed concerns relating to the effect of the bill in the case of consecutive sentences.
06:02 PM -- Mr. Pete Weir, representing the First Judicial District Attorney's Office, testified in opposition to the bill. He discussed factors that determine whether juveniles are tried as adults, and discussed a specific case. He explained other objections to the bill. He responded to a question regarding his role developing criminal justice policy.
06:12 PM -- Mr. Mitch Morrissey, Denver District Attorney, testified in opposition to the bill. Mr. Morrissey discussed his objections to the bill and discussed specific offenders to which the bill would apply.
06:16 PM -- Mr. Sean Taylor, representing the Incarcerated Children's Advocacy Network and the Second Chance Center, testified in support of the bill. Mr. Taylor discussed his experience when he was incarcerated as a juvenile. He also provided the committee with information about convicted juveniles he had mentored.
06:20 PM -- Ms. Jeannette Holtham, representing Youth Transformation Center, testified in support of the bill. She discussed her experience as a victim of crime. She also discussed restorative justice programs.
06:24 PM -- Ms. Debbie Stafford, representing herself, testified in support of the bill. Ms. Stafford explained peer support for inmates.
06:26 PM -- Mr. Gordon England, representing himself, testified in support of the bill. He discussed his experience following the death of his son as a victim of violent crime, and his reasons for supporting the bill.
06:31 PM -- Ms. Karen Lausa, representing the Words Beyond Bars Project, testified in support of the bill. Ms. Lousa discussed her work with inmates.
06:35 PM -- Mr. Mike May, representing the Independence Institute and Right on Crime, testified in support of the bill. Mr. May distributed written testimony (Attachment J). Mr. May explained his position on bill, including factors that cause juveniles to commit crimes.
16SenateJud0420AttachJ.pdf
06:39 PM -- Ms. Carol Johann, representing herself, testified in support of the bill. She discussed her daughter's experiences following a conviction as a juvenile.
06:42 PM -- Pastor Madlyn Tombs, representing herself, testified in support of the bill. Pastor Tombs explained that sentencing should give juveniles an opportunity for rehabilitation.
06:45 PM -- Ms. Jennifer Jones, representing herself, testified in support of the bill. She discussed the sentencing of her brother.
06:49 PM -- Mr. Ezra Aldern, representing himself, testified in support of the bill. Mr. Aldern discussed his experience as a victim of violent crime, and his views of the offender convicted of that crime.
06:53 PM -- Ms. Linda Mitchell-Sherman, representing herself, testified in support of the bill. She explained her experience surrounding her son's incarceration.
06:57 PM -- Mr. Gary Flakes, representing himself, testified in support of the bill. He discussed his experience being incarcerated as a juvenile.
07:00 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. She stated what she believes are the beneficial effects of the bill.
07:02 PM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill. She stated that safety would not be compromised by the bill, and that offenders should be allowed the opportunity to change.
07:04 PM -- Ms. Mary Ellen Johnson, representing the Pendulum Foundation, testified in support of the bill. She discussed the now-defunct Juvenile Clemency Board, the costs of rehabilitative programs, and the role of the Department of Corrections under the bill.
07:08 PM -- Ms. Stacie Colling, representing the Office of Alternate Defense Counsel, testified in support of the bill. She read statements of persons that may be eligible for the program created by the bill.
07:12 PM -- Mr. Jack Smith, representing himself, testified in support of the bill. He asked the committee to consider his remarks on Senate Bill 16-181, provided earlier in the committee meeting, as his statement on SB 16-180 as well.
07:13 PM -- Dr. Carey Chamberlin, representing himself, testified in support of the bill. He discussed supporting rehabilitative efforts of offenders.
07:16 PM -- Mr. Travis Trani, representing the Department of Corrections, testified on the bill from a neutral position. He provided technical information on the bill.
07:20 PM -- Ms. Mandy Koss, representing herself, testified on the bill. She discussed her work in the criminal justice sector.
07:24 PM
Senator Woods explained amendments L.001, L.002, and L.004. Mr. Richard Sweetman, Office of Legislative Legal Services, explained amendments L.005 and L.006.
| BILL: | SB16-180 | |
| TIME: | 07:29:57 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.001 (Attachment E). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-180 | |
| TIME: | 07:30:10 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.002 (Attachment F). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-180 | |
| TIME: | 07:30:23 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.004 (Attachment G). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-180 | |
| TIME: | 07:30:34 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.005 (Attachment H). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-180 | |
| TIME: | 07:30:49 PM | |
| MOVED: | Lundberg | |
| MOTION: | Adopt amendment L.006 (Attachment I). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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07:31 PM
Senator Woods provided closing remarks on the bill.
| BILL: | SB16-180 | |
| TIME: | 07:36:31 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer Senate Bill 16-180, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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No
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Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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07:36 PM
The committee adjourned.