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S_JUD_2017A 02/06/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 02/06/2017
ATTENDANCE
Time: 01:32 PM to 03:55 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
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:
SB17-012

SB17-066

SB17-115

SB17-120
Amended, Referred to SenateAppropriations

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole





01:32 PM -- SB17-012



Senator Gardner, chair, called the committee to order. Senator Martinez Humenik, prime sponsor, presented Senate Bill 17-012, concerning competency restoration services for defendants deemed incompetent to proceed. Senator Martinez Humenik summarized the bill and explained its need. She received a question concerning the increase in FTE in the Department of Human Services. Ms. Kerry White, Legislative Council Staff, came to the table to answer the question. Senator Martinez Humenik commented on the cost of the bill. She also responded to a question concerning review of a juvenile's case under the bill.



01:41 PM --
Ms. Camille Harding, chair of the Mental Illness in the Criminal Justice System Task Force (task force), testified in support of the bill. She provided background on the task force, and explained the need for the bill.



01:43 PM --
Ms. Sheri Danz, Deputy Director of the Office of the Child's Representative (OCR) and chair of a task force subcommittee, testified on the bill. Ms. Danz explained the genesis of the bill, including the reasons that adults, in addition to juveniles, are covered by the bill. She stated that OCR supports the legislation. She commented on the subcommittee's work, and previewed upcoming testimony.



01:46 PM --
Ms. Kathleen Dwyer, representing Disability Law Colorado, testified in support of the bill. She discussed lawsuits against the Department of Human Services (DHS) concerning evaluations covered by the bill. She responded to questions concerning assumptions made in the fiscal note.





















01:49 PM --
Ms. DeAnn Major, representing The Arc of Adams County, testified in support of the bill. She discussed the inclusion of persons with developmental disabilities in the bill, and circumstances that such individuals face in the justice system. She also discussed her experience with restoration of developmentally disabled individuals in the community.



At the request of Senator Fields, Senator Martinez Humenik commented on the inclusion of persons with developmental disabilities in the bill, including identifying language in the bill that she believes would cover such individuals. Discussion continued on that point. At the request of the bill sponsor, Ms. Jane Ritter, Office of Legislative Legal Services, came to the table to comment on whether persons with developmental disabilities are included within the provisions of the bill.



01:58 PM --
Mr. Tariq Sheikh, representing the 17th Judicial District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. He introduced Ms. Lynn Gomez.



01:59 PM --
Ms. Lynne Gomez, representing herself, testified in support of the bill. She commented on a personal experience involving a crime against her son where the accused was found to be incompetent to stand trial.





02:02 PM



Mr. Sheikh testified to the committee about Ms. Gomez's situation, and his reasons for supporting the bill.



02:05 PM --
Dr. Patricia Westmoreland, representing the Colorado Psychiatric Society, testified in support of the bill. She stated that the County Sheriffs of Colorado supports the bill. Dr. Westmoreland explained the process for restoring competency for certain individuals through inpatient services, and stated that not all of those required to receive inpatient services require that level of treatment in order to restore competency.



02:08 PM --
Ms. Karen Knickerbocker, task force member, and representing the Office of the State Public Defender, testified in support of the bill. She commented on earlier testimony concerning the effect of the bill on developmentally disabled persons, and discussed circumstances for persons covered by the bill. Ms. Knickerbocker also commented on prior legislation relating to competency evaluations. She commented on additional changes she would like made to the law.



02:13 PM --
Ms. Christine Thornton and Ms. Dani Diercks Farrell, representing the OCR, testified in support of the bill. Ms. Thornton commented on specific sections of the bill and how they would relate to cases in which she is currently involved.



02:17 PM --
Ms. Farrell discussed children who are deemed incompetent to proceed, and the options available for such children. She stated how the existing system affects children.



02:19 PM --
Dr. Patrick Fox, Chief Medical Officer for DHS, testified in support of the bill. He stated that DHS supports the bill to protect due process rights, to comply with a DHS settlement concerning competency services, to lessen the impact that hospitalization has on juveniles, and because it represents sound fiscal policy.

























02:22 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill. Ms. Keller discussed her experience on the task force, and spoke favorably of prior testimony in support of the bill. She further stated that this bill addresses a civil rights issue for both the accused and for the victim of a crime. Ms. Keller commented on the fiscal impact of the bill.





02:25 PM



Senator Martinez Humenik provided closing remarks on the bill and asked for the committee's support. She distributed amendment L.002 (Attachment A).



17SenateJud0206AttachA.pdf17SenateJud0206AttachA.pdf

BILL: SB17-012
TIME: 02:28:34 PM
MOVED: Kagan
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















































Senator Gardner explained his position on the bill.

BILL: SB17-012
TIME: 02:29:03 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-012, as amended, to the Committee on Appropriations. 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





02:31 PM -- SB17-066



Senator Cooke and Senator Fields, co-prime sponsors, presented Senate Bill 17-066, concerning clarifying retroactively the authority of a municipality to employ a police force without going through a sunrise review.



02:33 PM --
Mr. Corey Hoffmann, city attorney for Hudson, Colorado, testified in support of the bill. He explained Hudson's creation of a marshal's department, and his reasons for supporting the bill. He responded to a question concerning the sunrise process for municipalities.



02:36 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. She spoke favorably of Mr. Hoffmann's testimony, and stated that she believes that municipalities already have the authority clarified by the bill.



02:38 PM --
Mr. Cory Amend, representing the Colorado Attorney General's Office and the Peace Officer Training and Standards (P.O.S.T.) Board, testified in support of the bill. He stated that the bill is necessary and that it clarifies an ambiguity in the law. In response to a question, he described the sunrise review process for a municipality. He stated that it would be rare for a municipality to be denied by the P.O.S.T. Board.






























BILL: SB17-066
TIME: 02:42:34 PM
MOVED: Fields
MOTION: Refer Senate Bill 17-066 to the Committee of the Whole, with a recommendation that it be placed on the consent calendar. 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





02:43 PM -- SB17-115



Senator Cooke, prime sponsor, presented Senate Bill 17-115, concerning an expansion of the exception to the crime of possession of sexually exploitative material for persons involved in sexually exploitative material cases. Senator Cooke summarized the bill and discussed its need.



02:45 PM --
Mr. Mike Rankin, representing the Department of Public Safety, testified in support of the bill.



02:47 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.



02:48 PM --
Mr. Timothy Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. He discussed the policy reasons for the bill, and explained the limitations in the bill on reproduction of sexually explicit material. Mr. Lane responded to questions concerning possession of other illegal objects by a law enforcement officer in the course of his or her duties. Mr. Lane commented on the intent of this section of law.



02:54 PM --
Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, testified in support of the bill. He spoke favorably of prior testimony in support of the bill, and responded to a question about exemptions in the bill.



02:55 PM --
Ms. Maureen Cain, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in support of the bill. She stated support for inclusion of defense attorneys into the bill's provisions.




















BILL: SB17-115
TIME: 02:58:10 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-115 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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





02:59 PM -- SB17-120



Senator Gardner, prime sponsor, presented Senate Bill 17-120, concerning the requirement of United States citizenship to be a peace officer in Colorado. He distributed to the committee a news article (Attachment B), a copy of current Colorado statute concerning peace officers (Attachment C), and amendment L.001 (Attachment D). Senator Gardner discussed his reasons for bringing the bill, and provided background on legal issues surrounding citizenship requirements for employment. He further discussed provisions of the bill, and explained amendment L.001 and other possible amendments.



17SenateJud0206AttachB.pdf17SenateJud0206AttachB.pdf 17SenateJud0206AttachC.pdf17SenateJud0206AttachC.pdf



17SenateJud0206AttachD.pdf17SenateJud0206AttachD.pdf



03:12 PM



Senator Gardner responded to a question from Senator Kagan concerning the grace period allowed under the bill. He also responded to a comment concerning the oaths taken by those who are not United States citizens. Senator Kagan stated his concerns with the bill; Senator Gardner responded.





03:25 PM



Senator Fields stated her concerns regarding the bill; Senator Gardner responded.



















03:33 PM



Discussion continued on the subject of requiring citizenship for employment in various positions.



03:41 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado (CSOC), testified in opposition to the bill. She stated that some employees of sheriff's offices are not citizens and the bill does not allow enough time to obtain citizenship. She also stated concerns about the costs, and that the bill would make the employee candidate pool smaller. Finally, she stated that the bill would have a negative impact on the personal lives of employees. She suggested alternative legislation that would be prospective.



Senator Gardner responded to committee questions concerning the grace period and grandfather provisions in the bill. Ms. Ackerman responded to a question concerning the CSOC's position on potential amendments.



03:47 PM --
Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Phibbs discussed concerns raised over employee loyalties, and discussed hiring practices of law enforcement agencies. He responded to a question concerning the qualifications of noncitizen employees; Senator Gardner commented as well.





03:52 PM



Senator Gardner provided closing remarks on the bill.

BILL: SB17-120
TIME: 03:55:10 PM
MOVED: Gardner
MOTION: Adopt amendment L.001 (Attachment D). 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: SB17-120
TIME: 03:55:33 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-120, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:55 PM



The committee adjourned.