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s_jud_2016a_2016-04-18t13:32:05z3 Hearing Summary

Date: 04/18/2016



Final

BILL SUMMARY for HB16-1331



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment B). The motion p

Postpone House Bill 16-1331 indefinitely using a r

Refer House Bill 16-1331, as amended, to the Commi
Pass Without Objection



FAIL







02:45 PM -- HB16-1331



Senator Merrifield, sponsor, presented House Bill 16-1331, concerning the use of restraints on a juvenile during a court proceeding. Senator Merrifield explained his reasons for supporting the bill, and the bill's provisions. He distributed and explained amendment L.003 (Attachment B).



16SenateJud0418AttachB.pdf16SenateJud0418AttachB.pdf



02:50 PM --
Ms. Janet Huffor, representing the County Sheriffs of Colorado and the El Paso County Sheriff's Office, provided neutral testimony on the bill. Ms. Huffor discussed the differences between shackling and restraining. She responded to questions regarding the frequency of restraining juveniles, the severity of the offenses committed by juveniles that are shackled, and the means for shackling juveniles.





03:00 PM



Ms. Huffor described shackling, and responded to questions regarding proceedings at which the bill applies and the procedures for unshackling juveniles in a court room.





03:10 PM



Ms. Huffor continued to respond to questions concerning procedures used to determine whether restraints should be removed from the courtroom.



03:12 PM --
Ms. Ann Roan, representing the Colorado State Public Defender, testified in support of the bill. Ms. Roan explained that the bill is a matter of statewide concern, and she discussed concerns that arise with each judicial district making its own policy. She also discussed court decisions concerning restraining juveniles. Ms. Roan responded to questions regarding how the bill would affect juveniles tried as adults, and how the bill would apply in situations with multiple juveniles in a courtroom.



03:18 PM --
Ms. Melissa North, representing herself, testified in support of the bill. Ms. North discussed her experience related to restraining juveniles in a courtroom.



03:21 PM --
Ms. Sheila Littlejohn-Price, representing herself, testified in support of the bill. Ms. Littlejohn-Price her experience related to restraining juveniles.



03:24 PM --
Ms. Elizabeth Logeman, representing the Colorado Juvenile Detention Center, testified in support of the bill. She discussed practices in others states, and the effects of such policies.



03:27 PM --
Ms. Tamara Thompson, representing the State Public Defender's Office, testified in support of the bill. Ms. Thompson discussed the Denver Court's policy for shackling juveniles, including examples of cases when juveniles were shackled.



03:31 PM --
Ms. Sara Strufing Esqueda, representing the State Public Defender, testified in support of the bill. Ms. Strufing Esqueda discussed policies in Adams and Arapahoe counties.



03:34 PM --
Ms. Linda Weinerman, representing the Office of the Child's Representative within the Judicial Branch, testified in support of the bill. Ms. Weinerman discussed the results of studies concerning those in the child welfare system. She also discussed children held in the juvenile detention system.



03:38 PM --
Ms. Carla Bennett, representing the Colorado League of Women Voters, testified in support of the bill. Ms. Bennett discussed the effects of shackling, and the inconsistency of policies throughout Colorado.



Senator Merrifield distributed the written testimony of Blair McCarthy (Attachment C).



16SenateJud0418AttachC.pdf16SenateJud0418AttachC.pdf



03:41 PM --
Mr. Terry Scanlon, representing the Judicial Branch, provided neutral testimony on the bill. Mr. Scanlon distributed and explained a Judicial Branch report to the General Assembly on Policies for Juvenile Restraints in Courtrooms (the report may be accessed at: http://www.coloradochildrep.org/wp-content/uploads/2015/12/Report-to-the-General-Assembly-on-restraints-on-juveniles1.pdf).



03:44 PM --
Ms. Maureen Cain, representing the State Public Defender's Office and the Criminal Defense Institute, testified in support of the bill. Ms. Cain discussed the work on HB 16-1331 by various interested parties, and the different positions considered in developing the bill. Ms. Cain responded to a question regarding juvenile shackling policies in different judicial districts. Senator Merrifield commented on the different policies of judicial districts.

BILL: HB16-1331
TIME: 03:58:34 PM
MOVED: Merrifield
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:59 PM



Senator Merrifield provided closing remarks on the bill. Senator Cooke commented on the bill.

BILL: HB16-1331
TIME: 04:03:03 PM
MOVED: Merrifield
MOTION: Refer House Bill 16-1331, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1331
TIME: 04:03:26 PM
MOVED: Cooke
MOTION: Postpone House Bill 16-1331 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:







04:03 PM



The committee adjourned.




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