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s_jud_2017a_2017-02-22t13:31:37z1 Hearing Summary

Date: 02/22/2017

Location: SCR 352

Final

BILL SUMMARY for SB17-141



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment C). The motion p

Adopt amendment L.002 (Attachment D). The motion p

Postpone Senate Bill 17-141 indefinitely using a r

Refer Senate Bill 17-141, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

FAIL







03:30 PM -- SB17-141



Senator Aguilar, prime sponsor, presented Senate Bill 17-141, concerning allowing for low-risk offenders to receive required sex offender treatment in a community-based program. She explained the bill and discussed its need. Senator Kagan distributed amendments L.001 (Attachment C) and L.002 (Attachment D).



17SenateJud0222AttachC.pdf17SenateJud0222AttachC.pdf 17SenateJud0222AttachD.pdf17SenateJud0222AttachD.pdf



03:35 PM --
Ms. Maureen Cain, representing the State Public Defender's Office and the Colorado Criminal Defense Bar, testified in support of the bill. She explained the bill's provisions. Ms. Cain responded to questions concerning parole eligibility.



03:42 PM --
Ms. Lisa Scanga, representing the First Judicial District Attorney's Office and the Colorado District Attorneys' Council, testified in opposition to the bill. She explained that the bill did not fix issues that exist, and discussed additional concerns with the bill. Ms. Scanga responded to a question by stating that whether an offender is low-risk should not be any more of a consideration than it is under existing practice.



03:48 PM --
Mr. Leonard Woodson, representing the Sex Offender Treatment and Monitoring Program in the Department of Corrections, testified in opposition to the bill. He stated that the bill does not appropriately define low-risk offenders, and commented on prior discussion concerning cost. In response to questions, Mr. Woodson clarified an earlier portion of his testimony concerning the availability of treatment, the current waitlist for treatment, and treatment of certain offenders.



03:54 PM --
Ms. Allison Boyd, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. She stated that the County Sheriffs of Colorado opposes the bill. She also discussed a specific case involving a low-risk assessment, and risk assessment generally. In response to a question, Ms. Boyd discussed parole decisions under the bill, and the availability of community-based programs for offenders.



04:03 PM --
Mr. Chris Lobanov-Rostovsky, program manager of the Colorado Sex Offender Manager Board (SOMB), testified on the bill from a neutral position. Mr. Lobanov-Rostovsky discussed the issue of underreporting of sex crimes, and the effect of that on recidivism rates; explained risk assessments; and discussed the consideration of victims when making sentencing decisions. He provided information on the availability of community-based programs. In response to a question, Mr. Lobanov-Rostovsky further commented on treatment programs.



04:08 PM --
Dr. Pamela Yates, representing the Colorado Criminal Defense Bar, testified in support of the bill. Dr. Yates discussed the principles of sentencing necessary to avoid recidivism. She provided risk and recidivism data to the committee, and discussed sentencing. In response to a question, Dr. Yates discussed how to best support the safety of the public in situations involving sex offenders.



04:18 PM --
Ms. Dena McClung, representing herself, testified in support of the bill. Ms. McClung provided information on offenders who are receiving treatment.



04:22 PM --
Ms. Janet Hunsaker, representing herself, testified in support of the bill. She discussed the bill's provisions, and information from a recent state audit.



04:23 PM --
Mr. Roger Kincade, representing himself, testified in support of the bill. He discussed the effect of permitting certain offenders to receive treatment on parole.



04:25 PM --
Ms. Susan Walker, representing the Coalition for Sexual Offense Restoration (CSOR), testified in support of the bill. Ms. Walker discussed treatment outside of Colorado and the impact of the existing sentencing scheme on offenders. She explained concerns regarding in-prison treatment, including cost and space issues.



04:28 PM --
Ms. Carolyn Turner, representing Advocates for Change, testified in support of the bill. Ms. Turner discussed the genesis of the Colorado Lifetime Supervision Act of 1998, and subsequent legislation concerning sentencing and treatment of sex offenders.



04:31 PM --
Ms. Laurie Rose Kepros, representing the State Public Defender's Office and the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Kepros discussed the treatment of sex offenders and instances of release without treatment. She also discussed availability of treatment statewide, and the discretion of the Parole Board. She commented on prior testimony. Ms. Kepros responded to a question concerning victim participation in the parole determination process.



04:37 PM --
Ms. Dale Jenkins, representing herself, testified in support of the bill. She discussed a recent state audit of the costs of incarcerating certain offenders.





04:39 PM



Senator Aguilar discussed amendments L.001 and L.002, and provided closing remarks on the bill.

BILL: SB17-141
TIME: 04:42:47 PM
MOVED: Fields
MOTION: Adopt amendment L.001 (Attachment C). 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: SB17-141
TIME: 04:43:23 PM
MOVED: Fields
MOTION: Adopt amendment L.002 (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: SB17-141
TIME: 04:43:39 PM
MOVED: Fields
MOTION: Refer Senate Bill 17-141, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
No
Gardner
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-141
TIME: 04:44:07 PM
MOVED: Coram
MOTION: Postpone Senate Bill 17-141 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
Coram
Fields
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







04:44 PM



The committee adjourned.








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