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S_JUD_2019A 04/22/2019 03:15:27 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/22/2019
Attendance
Cooke X
Gardner *
Rodriguez X
Gonzales X
Lee X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 03:15:27 PM to 08:02:21 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 19-Juvenile Parole Board Favorably Refer to Full Senate - Consent Calendar
HB19-1307 Referred to the Committee of the Whole - Consent Calendar
HB19-1250 Referred to Senate Appropriations
HB19-1045 Referred to Senate Finance
HB19-1051 Amended, referred to the Committee of the Whole - Consent Calendar
HB19-1263 Amended, referred to Senate Finance

Conf 19-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar


03:15:55 PM  

Senator Lee called the meeting to order.

The following individuals appeared before the committee to be confirmed as members of the Juvenile Parole Board:  Gretchen Russo, Bradford Geiger, and Margaret Wright.  They each provided a brief overview of their experience and background. 

 



03:23:05 PM
Motion Refer the appointment of Bradford Geiger, Gretchen Russo, Margaret Wright to the Conf 19-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Rodriguez
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1307 - Referred to the Committee of the Whole - Consent Calendar


03:28:20 PM  

Senators Lee and Gardner, co-prime sponsors, explained HB 19-1307, concerning the clarification that the disclosure of a report to the mistreatment or self-neglect of an at-risk adult shall only be made to the at-risk adult who is the subject of the report.  



03:28:25 PM
Motion Refer House Bill 19-1307 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Moreno
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Moreno Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1250 - Referred to Senate Appropriations


03:29:05 PM  

Senator Danielson, sponsor, explained HB19-1250, concerning sex offenses committed by a peace officer, and, in connection therewith, making an appropriation. 

Committee discussion followed about the frequency of these cases and definition of peace officer performance of duties.   

 

03:41:35 PM  

Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill.  She provided examples and noted that the bill would offer a better avenue to prosecute related cases. 



04:02:06 PM
Motion Refer House Bill 19-1250 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Cooke No
Gardner No
Rodriguez Yes
Moreno Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1045 - Referred to Senate Finance


04:02:53 PM  

Senator Ginal, sponsor, explained HB19-1045, concerning funding for carrying out duties related to the office of public guardianship, and, in connection therewith, making an appropriation. 

04:08:17 PM  

Senator Ginal distributed a letter from The Arc Colorado in support of the bill (Attachment A). 

Deb Bennett-Woods, representing the Office of Public Guardianship, testified in support of the bill.  She discussed the problems her office is having securing gifts, grants, and donations.  She explained that Colorado is one of few states that does not have a public guardianship function.

04:13:18 PM  

Rob Hernandez, representing himself, spoke from a neutral position on the bill.  He distributed a handout depicting closed hearings for guardianship cases (Attachment B). 

04:18:19 PM  

Ed Shackelford, representing the Colorado Senior Lobby, spoke in support of the bill. He discussed how it will benefit the elderly.

Coral Cosway, representing the Alzheimer's Association, testified in favor of the bill.  She read testimony from a  colleague about the difficulties of managing finances with Alzheimer's. 

04:23:45 PM  

Carl Glatstein, representing the Colorado Bar Association, testified in support of the bill. He discussed how provisions in the bill will allow for better tracking of those who are in need of guardianship services in Colorado.  He stressed that guardianships should be a public function in the state and not be funded by gifts, grants, and donations.

Discussion followed regarding the differences between guardianships and conservatorships. 

 

04:34:18 PM  

Terry Scanlon, representing the Judicial Department, testified from a neutral position on the bill.  He discussed the need for guardianship services and noted a judge who is particularly interested in this topic. 



04:39:05 PM
Motion Refer House Bill 19-1045 to the Committee on Finance.
Moved Moreno
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Moreno Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1051 - Amended, referred to the Committee of the Whole - Consent Calendar


04:39:34 PM  

Senators Gardner and Ginal, co-prime sponors, explained HB 19-1051, concerning human trafficking prevention training by the Department of Public Safety. 

 

Maria Trujillo, representing the Department of Public Safety, testified in support of the bill.  She discussed training and other tactics to combat human trafficking. 

 

Senator Gardner distributed and discussed amendment L. 004 (Attachment C), which eliminates the need for an appropriation. 



04:47:51 PM
Motion Adopt amendment L.004
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Moreno
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:50:08 PM
Motion Refer House Bill 19-1051, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Moreno Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1263 - Amended, referred to Senate Finance

04:50:28 PM  

Senators Lee and Marble, co-prime sponsors, explained HB 19-1263, concerning changing the penalty for certain violations pursuant to the "Uniform Controlled Substances Act of 2013," and in connection therewith, making and reducing an appropriation. 

Senator Lee discussed the necessity of the bill.  He discussed prison and jail over-crowding and the importance of drug treatment and sentencing options. 

Senator Marble explained that the bill is a paradigm shift in the way the criminal justice system looks at drug possession.  She discussed how the bill distinguishes between first time and second time users and creates a local grant program for substance use or mental health treatment diversion programs.  

Committee members discussed incentives, felony case filings, and diversion programs. 

 

 

 

05:16:08 PM  

Discussion ensued regarding the effect of HB 19-1263 on jail populations, and the crimes that fall within the scope of the bill.  Further discussion followed about drug courts and rehab and concerns that the bill takes away incentives without the hammer of incarceration. 

 

05:32:39 PM  

Committee members acknowledged philosophical disagreements about the bill.

05:36:39 PM  

Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill.  She discussed the need to intervene with drug addiction because it's a revolving door into jail and prison otherwise.  She noted that felony case filings have doubled since 2012.  She emphasized research findings that support swift and sure punishment, not severity.

Maureen Cain, representing the Office of the State Public Defender, testified in favor of the measure.  She discussed drug addiction, the increase in case filings, and current practices that have not yielded results.  

The committee discussed the Commission on Criminal and Juvenile Justice. 

 

05:59:56 PM  

Further questions were raised about alcohol and drug treatment programming in county jails and the Department of Corrections.  Discussion followed about community-based treatment. 

 

06:06:40 PM  

Matt Turner, representing the Weld County Sheriff's Office, spoke in opposition to the bill.  He raised concerns about costs and effectiveness.

Janet Huffor, representing the El Paso County Sheriff's Office, testified against the bill.  She first read a letter into the record from Justin Smith from the Larimer County Sheriff's Office in opposition to the bill (Attachment D).   She next spoke on her own behalf and raised concerns about costs. 

Heather Carmosino, representing Jefferson County Sheriff's Office, testified in opposition to the bill.  She cited cost concerns and conflicts with federal law. 

06:22:05 PM  

Lt. David Manzanilla, representing the El Paso County Sheriff's office, spoke in opposition to the bill. He discussed overdoses.

06:25:35 PM  

Committee discussion followed about costs associated with the bill and the impact on local criminal justice systems.

06:33:05 PM  

Bill Elder, representing the El Paso County Sheriff's Office and County Sheriffs of Colorado, spoke in opposition to the bill.  He discussed drug classification and raised concerns about costs and impact on county jails

06:39:57 PM  

Chris Brown, representing himself as a former law enforcement officer, testified against the bill.  He raised concerns that the bill is too narrowly focused.  The committee asked questions about confidential informants. 

06:44:37 PM  

The committee discussed the impact on county jails and raised questions about repeat offenders and individuals charged with multiple offenses.

06:52:07 PM  

Jim Bullock, District Attorney for the 16th Judicial District, spoke in opposition to the bill. He discussed risk assessments, criminogenic factors. legal coercion, and wobblers.

Michael Allen, District Attorney for the 4th Judicial District, spoke in opposition to the bill. He raised issues with problem-solving courts and plea bargains. 

07:02:49 PM  

Cliff Riedel, District Attorney for the 8th Judicial District, testified in opposition to the bill.  He expressed concerns that the bill ties a district attorney's hands and does not accomplish treatment objectives. 

07:09:55 PM  

Beth McCann, District Attorney for the City and County of Denver, testified in support fo the bill. She discussed collateral consequences of a felony conviction.  She stressed that current practices are not working. 

07:14:22 PM  

Lisa Raville, representing the Harm Reduction Action Center, testified in support of the bill.  She discussed the client base at the Harm Reduction Action Center and collateral consequences. 

07:15:44 PM  

Lee Ann Wheeler, representing herself and veterans, testified in support of the bill. She discussed the benefits of a veteran's court and treatment.

07:18:52 PM  

Hassan Latif, representing the Second Chance Center, testified in support of the bill.  He stressed that a threat of a felony is not a deterrent and noted the disproportionate representation of minorities in felony case filings. 

07:23:20 PM  

Dr. Rollin Oden, representing The Addiction Profession, testified in support of the bill. He discussed the relationship between addiction and trauma. 

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.  She discussed collateral consequences and noted that threats of incarceration do not work on this population.

07:29:47 PM  

Cheryl Wilson, representing herself, testified in support of the bill. She relayed a personal story about her daughter and addiction. 

07:32:48 PM  

Denise Maes, representing the ACLU, spoke in favor of the bill.  She addressed concerns raised by those in opposition to the bill. 

07:37:08 PM  

Art Way, representing the Drug Policy Alliance, testified in support of the bill.  He addressed collateral consequences and stressed that a threat of a felony does not incentivize treatment.

07:40:44 PM  

Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in support of the bill. She discussed collateral consequences. 

Senator Gardner distributed and explained amendment L. 015 (Attachment E). 



07:53:34 PM
Motion Adopt amendment L.015
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Moreno No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
07:53:35 PM  

Senator Lee distributed and explained amendment L. 013 (Attachment F).



07:56:15 PM
Motion Adopt amendment L.013
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Moreno Yes
Lee Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
07:56:16 PM  

Senator Lee distributed and explained L. 014 (Attachment G).  



07:59:15 PM
Motion Adopt amendment L.014
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Moreno Yes
Lee Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
07:59:16 PM  

Senator Lee made closing remarks. 



08:02:09 PM
Motion Refer House Bill 19-1263, as amended, to the Committee on Finance.
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Moreno Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


08:02:21 PM   The committee adjourned.