S_JUD_2022A 04/26/2022 02:31:15 PM Committee Summary

Senator Lee made opening remarks about committee decorum and procedure. 

Senators Pettersen and Cooke, co-prime sponsors, presented House Bill 22-1236, concerning fentanyl accountability and prevention.  Senator Pettersen discussed the fentanyl epidemic and updating laws for high potency drugs.  She also referenced harm reduction, fentanyl testing strips, and medication-assisted treatment (MAT) in jails.  

Senator Cooke discussed fentanyl deaths and other related statistics.  He further discussed possession penalties, sentencing guidelines, continuity of care, and detox protocols in jails. 

Committee members discussed rehabilitation and retribution in relation to fentanyl.  Further discussion ensued about addiction and treatment, both forced or voluntary, and law enforcement tracking. 

Discussion continued about lowering fentanyl deaths.

Phil Weiser, representing Department of Law, testified in support of the bill. He discussed mens rea, MAT, and testing.  

District Attorney Brian Mason, representing the 17th Judicial District, testified in support of the bill.  He discussed distribution, possessio, and resources to combat the fentanyl crisis. 

Mr. Michael Dougherty, representing self, testified in support of the bill. He reiterated points about treatment, resources, and the criminal justice system.  He raised concerns about the bill and prosecutions. 

Denver District Attorney Beth McCann, representing self, testified in support of the bill.

Committee members asked questions about fentanyl testing technology and precision.  Further questions were raised about diversion, misdemeanor charges, and plea bargains. 

 

 

Discussion continued about a public health versus a criminal justice approach to fentanyl. 

Discussion followed about diversion and deferred judgement.  Additional questions were raised about standards of cause and mens rea.  Committee members inquired about fentanyl compounds and accidental users. 

 

 

Dr. Stephanie Stewart, representing Colorado Society of Addiction Medicine, testified to amend the bill.  She raised concerns about criminalizing substance use. 

Dr. Sarah Rowan, representing self, testified in opposition to the bill. She discusssed prevention and treatment. 

Dr. Joshua Blum, representing Colorado Society of Addiction Medicine, testified to amend the bill. He discussed correlation and causation. 

Pamela Clifton, representing Colorado Criminal Justice Reform Coalition, testified to amend the bill. She relayed a personal experinece about a felony drug conviction. 

Discussion ensued about House Bill 19-1264, offense level for controlled substance possession.  Committee members asked questions about mandated treatment. 

 

 

Committee members asked the panel about harm reduction and treatment. 

 

 

Tyler Brown, Sheriff of Arapahoe County, testified to amend the bill. He discussed criminal penalties.

Chief Gregory Sadar, representing Colorado Association of the Chiefs of Police - Commerce City Police Department, testified to amend the bill. He discussed possession and enforcement. 

Chief Norm Haubert, representing Colorado Association of the Chiefs of Police - Westminster Police Department, testified to amend the bill. He suggested changes to the bill.

Michael Allen, representing 4th Judicial District Attorney, testified to amend the bill. 

Committee members asked questions to the panel about "wobblers" and Good Samaritan laws.  Discussion followed about addicted people in jail. 

Director - Colorado Bureau of Investigation John Camper, representing Colorado Department of Public Safety, testified in support of the bill.
Director Camper responded to questions from the committee.

Sheriff Brown answered questions from the committee.

Tricia Davidson, representing herself, testified in support of the bill.

Shaelynn Davidson, representing herself, testified in support of the bill.

Jason Davidson, representing himself, testified in support of the bill.

Chelsea Ramirez, representing herself, testified in support of the bill.

Committee members asked the panel questions about fentanyl possession and punishment.

Lisa Raville, representing Harm Reduction Action Center, testified in opposition to the bill. She objected to the criminalization pieces of the bill. 

Hassan Latif, representing Second Chance Center, testified in opposition to the bill. He suggested a more pro-treatment approach. 

Dr. JK Costello, representing Colorado Providers Association, testified in support of the bill. He discussed treatment systems in jails and MAT.

Dr. Joshua Barocas, representing self, testified in opposition to the bill. He discussed scientific evidence and treatment instead of punitive measures. 

Committee members asked questions about MAT and knowingly possessing fentanyl.  Discussion followed about public health interventions and harm reduction for middle school and teens.   Further conversation ensued about root causes

 

 

 

Committee discussion continued about rural communities, possession and quantity, and rural jails. 

Committee members asked questions about the effectiveness of mandated treatment. 

 

Ray Bridges, representing himself, testified in support of the bill. He discussed education and awareness.

Tami Gottsgen, representing self, testified in support of the bill.  She discussed dealers and distributors.

Courtney Howard, representing self, testified in support of the bill.

Cory Morales, representing self, testified in support of the bill.  He discussed investigation and education.

Matt Taylor, representing self, testified in support of the bill. He discussed lack of follow-up by detectives or police after an overdose. 

Lindsay Taylor, representing self, testified in support of the bill.

Committee members asked questions about fentanyl quantity and weight. 

 

Committee members asked questions about investigations, treatment, and education. 

Thomas Hernandez, representing Tribe Recovery Homes, testified to amend the bill. He discussed workforce issues.

Dr. Sarah Axelrath, representing Colorado Coalition for the Homeless, testified in opposition to the bill.  She opposed the felonization aspect of the bill. 

Dr. Bryon Adinoff, representing Colorado Psychiatric Society, testified in opposition to the bill.  He opposed felonizing possession of small amounts of fentanyl. 

James O'Connor, representing Colorado State Public Defender, testified to amend the bill.  He opposed the felonization for possession of small amounts of fentanyl. 

Committee members asked questions about the homeless population, followed by inquiries about youth brain development.

 

Taylor Pendergrass, representing American Civil Liberties Union, testified to amend the bill. He discussed public health strategies. 

Ms Breeah Kinsella, representing Colorado Providers Association, testified in opposition to the bill. She discussed workforce issues and teen addiction. 

Ms. Alexis Alltop, representing Healthier Colorado, testified to amend the bill.

Ryan Christoff, representing self, testified to amend the bill. He raised concerns that the bill targets drug users instead of dealers.  

Committee members asked questions to the panel about  "war on drugs" policies and treatment options for fentanyl addiction. 

District Attorney John Kellner, representing 18th Judicial District, testified to amend the bill. He suggested changes to the bill regarding public safety and prosecution.

Linda Kaufman, representing self, testified in support of the bill.

Coco Peterson, representing self, testified in support of the bill.

Mileiah Rodriguez, representing self, testified in support of the bill.

Feliz Sanchez Garcia, representing self, testified in support of the bill.

Aretta Gallegos, representing self, testified in support of the bill.

Committee members asked questions about other synthetic opiates, mandated treatment, and funds for law enforcement overdose investigations. 

 

Mr Andres Alvarez, representing One Fair Wage, testified in opposition to the bill.

Mr. James Karbach, representing Colorado State Public Defender's Office, testified to amend the bill.

Ms. Joyce Akhahenda, representing Colorado State Public Defender, testified to amend the bill.

Mrs. Kyra deGruy Kennedy, representing self, testified in opposition to the bill.

Committee members asked questions about substance abuse assessment, testing, and leverage in criminal justice proceedings. 

 

Bridget Young, representing self, testified in support of the bill.

Andy Young, representing self, testified in support of the bill.

Susan Globe, representing self, testified in support of the bill.

Alden Glove, representing self, testified in support of the bill.

Dr. Leeann Blaskowsky, representing self, testified in support of the bill.

Steven Blaskowsky, representing self, testified in support of the bill.

Megan Robbins, representing self, testified in opposition to the bill.

Vincent Atchity, representing Mental Health Colorado, testified in opposition to the bill.

Krystyn Hartman, representing self, testified to amend the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified to amend the bill.

Andrea Thomas, representing self, testified to amend the bill.

Tesa Alirez, representing self, testified to amend the bill.

Lauren Bryant, representing self, testified to amend the bill.

Mrs. Debra Doyle, representing self, testified to amend the bill.

Karen Bomberg, representing self, testified in support of the bill.

Javier Mabrey, representing self, testified to amend the bill.

Katie Blakey, representing self, testified in opposition to the bill.

Eva Frickle, representing Indivisible Cd7, Indivisible Denver, Indivisible Front Range Resistance, testified in opposition to the bill.

Christopher Bonham, representing self, testified in opposition to the bill.

Matt Riviere, representing self, testified in support of the bill.

Dawn Reinfeld, representing Blue Rising, testified in support of the bill.

Ms. Angela Carney, representing self, testified in support of the bill.

Committee members asked questions about overdose investigations and follow-up from law enforcement. 

 

 

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Ms. Jessie Broom, representing self, testified in opposition to the bill.

Shannon Bucci, representing self, testified in opposition to the bill.

Ms Katherine M Crowe, representing self, testified to amend the bill.

Committee members asked question to the panel about the criminal justice an public health systems.

Chief Adrian Vasquez, representing Colorado Association of the Chiefs of Police - Colorado Springs Police Department, testified to amend the bill.

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police - Louisville Police Department, testified to amend the bill.

Ginny Burton, representing self, testified to amend the bill.

Committee members asked questions about inadvertent users and police investigations. 

 

 

Christina Johnson, representing Colorado Center for Aging, was available to answer committee questions.

Ms Jeannette Hensley, representing Colorado Cross Disability Coalition, testified in opposition to the bill.

Ms Francesca Maes, representing Colorado Cross Disability Coalition, testified in opposition to the bill.

Vinnie Cervantes, representing Denver Alliance for Street Health Response, testified in opposition to the bill.

Meghan MacKillop, representing Colorado Municipal League, testified in support of the bill.

Adam Burg, representing Denver Metro Chamber of Commerce, testified in support of the bill.

Mr. Jerry Orten, representing Lower Downtown Neighborhood Association, testified in support of the bill.

Mr. Rob Squire, representing Upper Downtown Neighborhood Association, testified in support of the bill.

Mr. Craig Arfsten, representing Citizens for a Safe and Clean Denver, testified to amend the bill.

Committee members asked questions to the panel about downtown quality of life issues and homelessness. 

 

Lauren Snyder, representing Mental Health Colorado, testified in opposition to the bill.

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill.

Committee members asked questions about policy recommendations. 

 

Senator Cooke confirmed that the bill makes an exception for legal prescriptions. 

Chairman Lee announced that amendments would be considered at the following Senate Judiciary Committee hearing on April 28, 2022.