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S_JUD_2017A 03/15/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/15/2017
ATTENDANCE
Time: 01:31 PM to 04:28 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:
HB17-1101

HB17-1035

HB17-1111

SB17-021
Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to Senate Appropriations





01:31 PM -- HB17-1101



Senator Gardner, chair, called the committee to order.





01:33 PM



Senator Priola and Senator Todd, co-prime sponsors, presented House Bill 17-1101, concerning the creations of the Youth Corrections Monetary Incentives Award program in the Division of Youth Corrections. Senator Priola explained the bill and discussed his support. Senator Todd discussed the use of programs created by the bill at Ridge View Academy. Senator Todd responded to a question about the cost of the bill and the need for the legislation.



01:42 PM --
Mr. Khalil Kelley, representing himself, testified in support of the bill. He discussed his experience in a program at the Ridge View Academy, and spoke of the benefits of such programs for students. Mr. Kelley responded to a question concerning the effect of the program.



01:45 PM --
Ms. Kristine McLaughlin, representing herself, testified in support of the bill. She discussed the economic impact of the bill, and economic reasons for supporting the bill.



























01:48 PM



Senator Todd provided information on the cost and requirements of the program, and provided closing remarks on the bill. Senator Priola made closing remarks on the bill.

BILL: HB17-1101
TIME: 01:50:37 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1101 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





01:51 PM -- HB17-1035



Senator Cooke, sponsor, presented House Bill 17-1035, concerning allowing certain crime victims to break their rental agreements under certain circumstances. Senator Cooke distributed amendment L.009 (Attachment A), and explained the bill.



17SenateJud0315AttachA.pdf17SenateJud0315AttachA.pdf



01:54 PM --
Ms. Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. She discussed the consequences of domestic violence as it relates to victims' housing, and spoke on domestic violence, generally.



01:58 PM --
Ms. Michelle Aswad, representing herself, testified in support of the bill. She discussed her experience relating to domestic violence, including efforts to leave an apartment. Ms. Aswad spoke in support of the bill. Senator Fields commented.



02:02 PM --
Ms. Shelby Ramirez Martinez, representing herself, testified in support of the bill. She discussed her experience as a survivor of domestic assault, including her efforts to leave her apartment.



02:07 PM --
Ms. Jennifer Bishara, representing herself, testified in support of the bill. She discussed work with assault victims and explained her support for the bill.

















02:09 PM --
Mr. Floyd Jones, Jr., representing Colorado Affordable Legal Services, testified in support of the bill. He explained that assault is often perpetrated by a person who lives with or near the victim. Mr. Jones discussed the situation of a specific victim.



02:14 PM --
Ms. Jackie Cash, representing the Department of Personnel and Administration, responded to questions concerning the address confidentiality program.





02:18 PM




Senator Cook explained amendment L.009.

BILL: HB17-1035
TIME: 02:20:23 PM
MOVED: Cooke
MOTION: Adopt amendment L.009 (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: HB17-1035
TIME: 02:20:41 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1035, as amended, 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





02:21 PM -- HB17-1111



Senator Fields, sponsor, presented House Bill 17-1111, concerning allowing juvenile courts to enter civil protection orders in dependency and neglect cases.



02:23 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. He stated the sheriffs' reasons for supporting the bill.



02:24 PM --
Mr. Jennifer Eyl, representing the Rocky Mountain Children's Law Center and the Colorado Coalition Against Domestic Violence, testified in support of the bill. She discussed the benefits of permitting protection orders instead of no-contact orders. Ms. Eyl responded to questions about court procedures for entering orders.



02:30 PM --
Mr. Mike Valentine, representing Arapahoe County and Colorado Counties, Inc., testified in support of the bill. He discussed his experience as an attorney working on child protection cases.



02:34 PM --
Ms. Dorothy Macias, representing the Office of the Child's Representative, testified in support of the bill. Ms. Macias discussed issues concerning situations in which certain protection orders may not be issued, including a concern that sheriffs cannot enforce no-contact orders.



02:36 PM --
Ms. Sophie San Miguel, representing herself, testified on the bill. She spoke on the importance of protection.





























02:40 PM



Senator Fields provided closing remarks on the bill.

BILL: HB17-1111
TIME: 02:40:43 PM
MOVED: Fields
MOTION: Refer House Bill 17-1111 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





02:41 PM



The committee recessed.





02:52 PM -- SB17-021



The committee returned to order. Senator Martinez Humenik, sponsor, presented Senate Bill 17-021, concerning reentry services for persons with mental illness in the criminal justice system, and, in connection therewith, making an appropriation. Senator Martinez Humenik discussed the development of the bill, and explained its need. She provided information on mental health services costs for the Department of Corrections (DOC). Senator Martinez Humenik explained the bill's provisions. She responded to questions about the cost of the programs created by the bill.



03:02 PM --
Ms. Kathy Dominick, representing herself, testified in support of the bill. She discussed issues relating to finding housing for offenders released from correctional facilities.



03:05 PM --
Mr. Ivan Webb, representing himself, testified in support of the bill. He discussed his experience following release from a facility.



03:07 PM --
Dr. Patrick Fox, representing the Colorado Department Human Services, testified in support of the bill. He responded to committee questions.





















03:10 PM --
Ms. Andrea Wilkins, representing the League of Women Voters, testified in support of the bill.



03:14 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill.



03:15 PM --
Ms. Caty Way, representing herself, testified in support of the bill. She distributed a copy of her testimony (Attachment B) and discussed her experiences.



17SenateJud0315AttachB.pdf17SenateJud0315AttachB.pdf



03:18 PM --
Ms. Monika Schneider, representing the National Association of Social Workers, Colorado Chapter, testified in support of the bill. She discussed the Colorado Second Chance Housing and Re-Entry Program (C-SHARP).



03:21 PM --
Ms. Camille Harding, representing the Office of Behavioral Health, testified in support of the bill. She discussed the work of the Mental Health in the Criminal Justice System (MICJS) Task Force.



03:22 PM --
Mr. Frank Cornelia, representing the Colorado Behavioral Health Council, testified in support of the bill. He discussed the incarceration of those with behavioral health issues.



03:24 PM --
Ms. Kerry White, Legislative Council Staff, came to the table to respond to questions concerning information included in the fiscal note. She also responded to a question concerning finances that may be tangentially affected by the bill.



03:32 PM --
Ms. Amanda Baca, representing Inside/Out and the Murphy Center, testified in support of the bill. She discussed her experience after being released from a correctional facility.



03:35 PM --
Ms. Jennifer Reali, representing Inside/Out, testified in support of the bill. She discussed recidivism of offenders placed in reentry assistance programs, and the benefits of providing assistance to released offenders, generally.



03:37 PM --
Ms. Jamie ReQua, representing herself, testified in support of the bill. She provided the committee with information about the history of treating those with mental and behavioral health disorders.



03:39 PM --
Ms. Susan White, representing the Division of Adult Parole within the DOC, testified in support of the bill. She discussed the effect of prior legislation on DOC, and discussed the benefits of SB 17-021.



03:42 PM --
Ms. Tammie Carroll, representing New Genesis, testified in support of the bill. She discussed the reentry services that are currently offered to released offenders.























03:43 PM --
Ms. Deb Winans, representing Inside/Out, testified in support of the bill. She discussed her experience with reentry services.



Ms. White responded to a question concerning the cost of treatment for those with mental and behavioral health disorders.



03:46 PM --
Ms. Alison George, representing the Colorado Department of Local Affairs, testified in support of the bill. She discussed existing reentry efforts.



03:47 PM --
Ms. Jennifer Longtin, representing the Alternate Defense Counsel as a MICJS Task Force member, testified in support of the bill. She discussed costs associated with the bill.



03:49 PM --
Ms. Gina Shimeall, MICJS Task Force member, testified in support of the bill. She discussed the benefits of the bill. Ms. Shimeall also discussed how the bill would be implemented.



Ms. George responded to questions about the applicability of the programs created in the bill.



03:56 PM --
Mr. Kyle Varvil, representing the Office of the Alternate Defense Counsel, testified in support of the bill. He discussed the benefits of reentry programs.



03:58 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed representation of persons with mental illnesses.



04:00 PM --
Ms. Lisa Thompson, representing the Colorado Coalition for the Homeless, testified in support of the bill.



04:02 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill.



04:03 PM --
Mr. Charlie Malley, representing the Murphy Center, testified in support of the bill. He explained the services provided at the Murphy Center.



04:07 PM --
Mr. Patrick Mulligan, representing himself, testified in support of the bill. He discussed representing defendants with mental illness.



04:09 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill. She distributed information to the committee (Attachment C) and discussed the benefits of the bill. Ms. Keller briefly discussed the bill's costs.



17SenateJud0315AttachC.pdf17SenateJud0315AttachC.pdf



04:12 PM --
Mr. Jim Frazier, representing Mental Health Colorado, testified in support of the bill. Mr. Frazier discussed individuals who would be helped by the programs in the bill.



















04:13 PM --
Ms. Stephanie Farrell, representing Mental Health Colorado, testified in support of the bill.



04:15 PM --
Ms. Jennifer Trout, representing herself, testified in support of the bill. She discussed her brother's experience with homelessness.





04:18 PM



Senator Martinez Humenik provided closing remarks on the bill. She distributed and explained amendments L.009 (Attachment D) and L.011 (Attachment E). The committee discussed the amendments.



17SenateJud0315AttachD.pdf17SenateJud0315AttachD.pdf 17SenateJud0315AttachE.pdf17SenateJud0315AttachE.pdf

BILL: SB17-021
TIME: 04:25:19 PM
MOVED: Gardner
MOTION: Adopt amendment L.009 (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: SB17-021
TIME: 04:26:00 PM
MOVED: Gardner
MOTION: Adopt amendment L.011 (Attachment E). 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: SB17-021
TIME: 04:26:21 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-021, 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





04:28 PM



The committee adjourned.