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S_JUD_2017A 01/23/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 01/23/2017
ATTENDANCE
Time: 01:32 PM to 02:35 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
*
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-031

SB17-048
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





01:32 PM -- SB17-031



Senator Gardner, chair, called the committee to order. He explained that Senate Bill 17-048 had been removed from the day's agenda. Senator Tate, sponsor, presented Senate Bill 17-031, concerning the scheduled repeal of reports by the Department of Corrections (DOC) to the General Assembly.



01:35 PM --
Ms. Christina Rosendahl and Mr. Rick Vyncke, representing the Department of Corrections, testified on the bill. Ms. Rosendahl explained DOC reporting requirements generally.



01:38 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified on the bill. She stated opposition to section 2 of the introduced bill. She discussed the reporting requirement repealed by the bill. Senator Tate commented on the testimony. Ms. Maes commented on the repeal date of the report repealed in section 2 to the bill. The committee discussed possible amendments.





01:45 PM



Ms. Kristen Forrestal, Office of Legislative Legal Services, discussed possible amendments with the committee.



Senator Fields stated her position on the bill.






















BILL: SB17-031
TIME: 01:47:30 PM
MOVED: Coram
MOTION: Refer Senate Bill 17-031 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:48 PM -- SB17-048



Senator Cooke, prime sponsor, presented Senate Bill 17-048, concerning requiring an officer to arrest an offender who escapes from an intensive supervision program in the Department of Corrections. Senator Cooke explained the bill's provisions, and distributed and explained amendments L.002 (Attachment A) and L.003 (Attachment B). Senator Cooke responded to a question about current procedures relating to detaining escapees. The committee discussed the arrest requirements under the bill and the definition of tampering.



17SenateJud0123AttachA.pdf17SenateJud0123AttachA.pdf 17SenateJud0123AttachB.pdf17SenateJud0123AttachB.pdf



01:59 PM



Discussion continued on the definition of tampering used in the bill.



02:01 PM --
Mr. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to the bill. She discussed the specific language in the bill to which she objects, and her general objection to the bill.



Senator Cooke responded to the testimony by describing existing practices.



02:08 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated that the bill addresses a public safety issue. She responded to a question concerning the definition of tampering, and exceptions under other uses of the term in Colorado law.























02:11 PM --
Mr. J.D. Pyatt, representing himself, testified in support of the bill. He explained certain costs associated with detaining escaped parolees. Mr. Pyatt stated concerns with the limited definition of escape under the bill. He responded to questions concerning how to tamper with an ankle bracelet and false positives relating to ankle bracelet tampering.



02:16 PM --
Auraria Campus Police Chief Mike Phibbs, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Phibbs stated that the bill could be used as a deterrent. He responded to a question regarding the current practice of detaining escapees.



02:21 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. He commented on current practice relating to detaining escapees, including a 2012 DOC policy that may be interpreted to make detention discretionary. He also discussed issues raised in earlier testimony and possible amendments. Mr. Raynes stated that the bill does not require district attorneys to bring charges against escapees.



02:27 PM --
Ms. Sophia Carmella San Miguel, representing herself, testified on the bill. She described her experience with DOC and the justice system, including communication issues that exist within DOC.





02:30 PM



Senator Cooke provided closing remarks on the bill and moved the bill and amendments L.002 and L.003.

BILL: SB17-048
TIME: 02:31:50 PM
MOVED: Cooke
MOTION: Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


























BILL: SB17-048
TIME: 02:32:05 PM
MOVED: Cooke
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-048
TIME: 02:32:46 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-048, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:33 PM



Senator Gardner briefly discussed the committee's meeting on Tuesday, January 24, which will be an information hearing on the Judicial Performance Commission.





02:35 PM



The committee adjourned.