S_JUD_2018A 01/29/2018 01:34:55 PM Committee Summary

Senator Cooke, sponsor, explained Senate Bill 18-068 concerning criminalizing false reports.  Senator Cooke clarified that the bill applies to  "swatting,"  which is the action or practice of making a prank call to emergency services in an attempt to bring about the dispatch of a large number of armed police officers to a particular address.  He distributed a series of articles about swatting incidents in Colorado (Attachment B).  He stressed that swatting puts law enforcement and the people being swatted in dangerous situations, and the bill better addresses the seriousness of the offense. 

Senator Cooke played a 911 recording and news clip about swatting. 

Public testimony was taken on the bill.

Carrie Thompson. representing the Colorado Criminal Defense Bar, provided neutral testimony on the bill.  She explained that she is not against the idea of creating a new crime for swatting but has concerns that the bill does not adequately provide safeguards for the mentally ill.  She answered questions from the committee about her particular concerns.   

Gina Shimeall, representing herself as a mental health defense attorney, testified in support of the bill in concept but had concerns about safeguards for the mentally ill.  She suggested a carve-out for people with mental illness.  She answered questions about the frequency of mentally ill individuals falsely reporting crimes, the use of guilty by reason of insanity, and welfare checks. 

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Chief Doug Stevens, representing the Littleton Police Department, spoke in support of the bill.  He relayed a swatting incident in Littleton that used a tremendous amount of resources and created a dangerous situation for law enforcement and others.  He answered questions from the committee about welfare checks. 

Tim Lane, representing the Colorado District Attorneys' Council, testified in favor of the bill.  He explained that there is not a crime in state statutes that is commensurate with the seriousness of swatting.  He believed the bill has adequate protections for the mentally ill and that it is not necessary to provide carve-outs within individual statutes. 

Senator Cooke gave closing remarks. 

The meeting was called to order.  Senator Gardner reminded the committee of the Joint Judiciary Committee meeting on January 30, 2018, at 7:30 a.m. regarding the Sex Offender Management Board presentation.  

Senator Martinez Humenik, bill sponsor, explained Senate Bill 18-016. concerning the repeal date for the transfer of money from community corrections to the Housing Assistance for Persons Transitioning from the Criminal or Juvenile Justice System Cash Fund.  She discussed that this bill authorizes a one-time transfer from Community Corrections to Department of Local Affairs (DOLA). 

Public testimony was taken on the bill. 

Gina Shimeall, representing herself as a mental health criminal defense attorney, spoke in support of the bill. She distributed an article about housing needs for individuals with mental health and co-occurring issues being discharged from institutions (Attachment A).  She further discussed the institutionalization of the mentally ill and subsequent homelessness.

Hassan Latif, representing the Second Chance Center, spoke in support of the bill.  Mr. Latif reported that the Second Chance Center is seeing an increasing number of formerly incarcerated individuals with mental health issues strugging in the community. 

Alison George, Director of the Division of Housing in DOLA, spoke in support of the bill.  She explained the program and the need for a FTE to corrdinate housing services for a population with complex needs.    She also updated the committtee on partnerships with county jails and Department of Corrections.

Senator Gardner spoke in support of the bill but questioned why Community Corrections has a significant surplus of funds.