S_JUD_2018A 01/22/2018 01:34:47 PM Committee Summary

Senator Kagan, bill sponsor, explained SB18-018, which directs the Colorado Commission on Criminal and Juvenile Justice (CCJJ)  to contract for a study of the most effective criminal sentencing practices available.   Senator Kagan explained that the bill is a result of discussions from the Sentencing in the Criminal Justice System Interim Study Committee. 

Senator Kagan proposed and discussed Amendment L.001 (Attachment A).  The amendment eliminates provisions requiring an advisory committee to review the study before it goes before the CCJJ. 

Senator Gardner noted that CCJJ is subject to reauthorization this year. Senator Kagan responded that if the CCJJ is not reauthorized, the bill will be void.

Joe Thome, representing the Division of Criminal Justice in the Department of Public Safety, testified in favor of the bill.  Mr. Thome discussed the importance of effectiveness studies and explained that the study, if funded, will be managed through the Division of Criminal Justice. 

Senator Gardner, co prime sponsor, explained SB18-015.  The bill creates an alternate process to remove an unauthorized person (occupant) from a residential property and associated civil and criminal penatlies for certain prohibited behavior.  The owner of his or her authorized agent (declarant) must provide to law enforcement a declaration that provides certain information in order to request that law enforcement remove the trespasser. 

Senatoor Gardner explained that squatting is very serious problem throughout the state.  He continued that this problem is especially prevalent near miliary bases and happens when a service member is deployed.   He explained that current eviction laws are inadequate and untimely, and the bill outlines an alternative, more responsive process for dealing with squatters.

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Senator Hill, co prime sponsor, reiterated the necessity for the bill and reported that military communities are hit especially hard with squatters.

Senator Gardner answered questions from the committee about protections in the bill for non-service members.  Further discussion ensued about innocent occupants, fraudulent leases, the creation of new criminal penalties specific to squatters, sublets, unscrupulous landlords, and shelter for survival purposes. The committee also covered the criminal and civil remedies that are currently available to address squatting situations.  

Senator Gardner showed a news clip about squatters in Pueblo. 

The committee commented on the news clip,  They further discussed criminal trespassing crimes, serial squatters, and the prevalence of the squatting problem throughout the state, not just in El Paso County.

Myrtis Johnson, representing herself, spoke in support of the measure.  She offered a personal story about her experiences with squatters on her property.  She distributed a copy of her testimony (Attachment B) and a  copy of a note squatters placed on the door (Attachment C).  

Carrie Thompson, representing the Colorado Criminal Defense Bar, spoke in opposition to the measure.  She expressed concerns with the part of the bill that creates a new crime for damaging or altering property.

Tim Lane, representing Colorado District Attorneys' Council, provided a neutral position on the bill.  He suggested amending the bill to better define residential squatters.  He also expressed concerns that the bill. as written, may preclude district attorneys from charging squatters with a more serious crime, such as criminal mischief. 

Liz Peetz, representing the Colorado Association of Realtors, testified in support the bill. She stressed the need to have a remedy to remove unauthorized persons from a home. 

Senator Coram asked about forfeiture laws in relation to this bill.  The committee further discussed the application of the bill. 

Senator Cooke, co-prime sponsor, explained SB 18-014.  The bill requires the Department of Corrections (DOC) to notify the prosecuting attorney and any registered victim within 48 hours of its decision to relocate an inmate to another state under the Interstate Corrections Compact.  This disclosure is required to include the location of the facility unless under certain circumstances.  The bill also outlines procedures when exemptions from disclosure exist. 

Senator Fields, co-prime sponsor, spoke to victims' rights.  She presented Amendment L.003 (Attachment D) and explained that it removes the district attorney veto power and creates a process for disputed cases.

Travis Trani, Director of DOC, spoke in support of the bill.  He explained that the Interstate Corrections Compact is critical for safety, but it is important to balance that with a victim's desire to know where the perpetrator is located.  He expressed appreciation for the amendment, which defines a process for disagreements between a district attorney and the DOC. 

Bryon Sparling, representing the Department of Corrections, explained the Interstate Corrections Compact and its application. 

Emily Tofte Nestaval, representing the Rocky Mountain Victim Law Center, spoke in opposition to the bill.  She expressed appreciation for the intent but has concerns it conflicts with other victims' rights. 

Tom Sullivan, representing himself, spoke in favor of the bill.  He discussed the DOC victim notification program, and explained that it took much maneuvering to find out the location of an inmate who had moved out of state.

Theresa Hoover, representing herself, spoke in support of the measure.  She explained the importance of knowing an inmate's location from a victim's perspective.

George Brauchler, District Attorney for the 18th Judicial District, spoke in support of the bill.  He stressed that victims are entitled to dignity and respect and that DOC could do a better job of managing victim notification. 

Rich Orman, supervising attorney for the appellate unit at the District Attorney for the 18th Judicial District, spoke in favor of the bill and stated that it's a necessary means of vindicating the rights of victims.

Tim Lopez, representing the Denver Democrats, testified in support of the bill and provided a personal testimonial on the importance of victims' rights. 

Arnold Hanuman, representing the Colorado District Attorneys' Council, spoke in support fo the bill and the need for transparency and accountability. 

Senator Cooke read a statement into the record from Christine Ridgeway in support of the bill.

Senator Coram, bill sponsor, explained SB 18-060, which concerns protective orders in criminal cases.  The bill adds two new protective orders that may be granted by the courts.  One of the orders involves pets and the other addresses cellular phones.

Senator Coram requested to lay over the bill until Wednesday, January 24, to work on proposed amendments. 

Cynthia Koula, representing the Office of the Attorney General, spoke to the celllular phone part of the bill. She expressed her support for the bill and stated that domestic violence victims need access to support services

Jennifer Anderson, Director of Legislative Affairs for the Office of Attorney General, spoke in support of the bill.  She suggested a couple of amendments related to terminology and effective dates. 

Arnold Hanuman, representing the Colorado District Attorneys' Council, spoke in support of the bill and the concept behind it. 

Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, spoke in favor of the bill. 

Tim Lopez, representing Denver Democrats, testified in support of the bill.

The bill was laid over until January 24, 2018.