H_JUD_2018A 04/05/2018 01:51:07 PM Committee Summary

The committee was called to order. A quorum was present. Representative McKean, prime sponsor, presented Senate Bill 18-122, concerning clarifying that certain deputy sheriffs may serve without attaining certification from the Peace Officers Standards and Training (P.O.S.T.) Board.  Discussion ensued regarding amendment L.001 (Attachment A).

Mr. Chris Johnson, and Sheriff Joe Pelle, representing County Sheriffs of Colorado, testified in support of the bill.  Mr. Johnson addressed questions regarding the scope of abilities and duties of the personnel serving under SB 18-122, and the benefits of allowing these personnel to serve without P.O.S.T. certifications.  Mr. Johnson responded to questions regarding auxiliary duties performed by the personnel subject to the bill, and the training undertaken by these personnel.  Discussion ensued regarding the fiscal impact of the legislation, and the number of personnel affected by the bill. Sheriff Pelle responded to questions regarding the differences between various classes of peace officers, and the duties assigned to these various classes.

Discussion continued regarding the duties and training of the personnel affected by SB 18-122. Mr. Richard Sweetman, Office of Legislative Legal Services, responded to questions regarding amendment L.001. Discussion ensued on this point.  Discussion followed regarding the reason why the bill came out of the Statutory Revision Committee.

No amendments were offered to SB 18-122.  Various committee members provided their positions on the bill.  Representative McKean provided closing remarks in support of the bill.

Representative Weissman, prime sponsor, presented House Bill 18-1287, concerning the extension of the repeal of the Colorado Commission on Criminal and Juvenile Justice (CCJJ).  Committee members received amendment L.001 (Attachment B), and a letter from the chair and vice chair of the CCJJ (Attachment C). Representative Weissman explained the effect of the bill and discussed its need. He also discussed amendment L.001. Representative Weissman responded to questions regarding amendment L.001.

Mr. Pete Weir, representing the First Judicial District, testified in opposition to HB 18-1287. Mr. Weir explained that the commission has not fulfilled its mission to help reduce recidivism, and has become agenda-driven. He spoke in support of continuing the commission for two years to see if improvements can be made. Mr. Dave Young, representing the Seventeenth Judicial District and the Colorado District Attorneys' Council, provided examples supporting Mr. Weir's contentions, and discussed changes made to the commission. Mr. Young responded to questions regarding the state public defender sitting as the vice chair of CCJJ.

Mr. Clifford Reidel, representing the Eighth Judicial District, testified in opposition to the bill. He expressed frustrations with the CCJJ. Discussion ensued regarding the ability of members of the General Assembly to introduce legislation similar to legislation considered by CCJJ. Discussion followed regarding the mission of CCJJ.

Mr. Weir discussed the benefits of allowing the CCJJ to operate for an additional two years. Discussion ensued regarding the process by which members are appointed to the commission. Mr. Weir discussed some ways to improve the CCJJ. Discussion followed regarding the threshold for approving legislation in CCJJ. Committee members received a research document on commission voting thresholds, prepared by Legislative Council Staff (Attachment D).

Discussion ensued regarding legislation introduced in the General Assembly that CCJJ has already considered and not approved. Discussion followed regarding the function of CCJJ in the legislative process. Discussion returned to the voice of prosecutors on the commission, and the appointment process for the commission.

Mr. Stan Hilkey, chair of the CCJJ, testified in support of the bill. He also lent his support to amendment L.001.  Mr. Hilkey provided background on the commission, and discussed the processes observed by the commission. He addressed issues raised during earlier testimony.

Mr. Doug Wilson, CCJJ vice chair, testified in support of HB 18-1287. Mr. Wilson provided a short history of the commission, and discussed the work of the commission. He addressed some issues raised during earlier discussion, and catalogued some legislation recommended by CCJJ. Mr. Wilson spoke in support of amendment L.001, and responded to questions regarding the housing of CCJJ in the executive branch.  Discussion returned to the voting threshold observed by the commission.

Discussion ensued regarding extending the CCJJ for five years instead of ten, and appointing an additional vice chair to the commission. Mr. Hilkey responded to questions regarding the resources involved in considering a sunset of the committee. Mr. Wilson discussed the role of the public defenders.  Discussion followed regarding the issues considered and work undertaken by the CCJJ in recent years, and the displeasure of the district attorneys with the commission's process.

Discussion ensued regarding the merits of amendment L.001, and the mission of CCJJ.  Discussion returned to a shorter continuation of the commission.

Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified on the bill. Ms. Lewis expressed concerns about the ability of certain parties to be heard in the commission, and the purpose of CCJJ. Ms. Lewis responded to questions regarding her contention about the voice of certain parties, and victim representation on the commission.

Ms. Emily Tofte Nestaval, representing the Rocky Mountain Victim Law Center, Colorado Coalition Against Sexual Assault, and the Colorado Coalition Against Domestic Violence, testified in support of the bill.  She spoke in support of increasing the voice of crime victims on the commission.  Ms. Tofte Nestaval addressed questions raised during earlier testimony.

Dr. Ron Leslie, Jr,. representing the Colorado Mental Health Association, testified in support of HB 18-1287.  Dr. Leslie discussed his time serving on the commission, and suggested that the commission is irreplaceable.

Sheriff Joe Pelle, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Pelle discussed the work of CCJJ and its subcommittees. Sheriff Pelle discussed the policy areas that can be affected by CCJJ. Chief Bill Kilpatrick, representing the Colorado Association of Chiefs of Police, testified in support of HB 18-1287. Chief Kilpatrick discussed the importance of the commission's work, and how the commission operates.

Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to HB 18-1287. Mr. Raynes addressed issues raised during earlier discussion.

Discussion ensued regarding the merits of amendment L.001 and L.002 (Attachment E).

Chairman Lee laid over HB 18-1287.

Representative Carver, prime sponsor, presented Senate Bill 18-119, concerning false imprisonment of a minor.  Representative Carver explained the effect of the bill and discussed its need. Representative Carver explained how amendments L.003 (Attachment F) and L.004 (Attachment G) may address some concerns raised by Representative Benavidez.

Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson raised concerns about the breadth of certain language in the bill, and discussed the impact of amendments L.001 and L.002 on these concerns. Ms. Thompson responded to questions regarding certain privileges affected by the bill, and the ability of certain authority figures to detain children without violating the bill's prohibitions.

Ms. Janet Huffor, Detective Patrick Gallagher, and Detective Jason Darbysire, representing the El Paso County Sheriffs Office, testified in support of the bill. Ms. Huffor discussed a case of child confinement that led to the legislation. Detective Gallagher discussed the types of cases that are addressed by the bill, and addressed claims made during earlier testimony about the breadth of the language in SB 18-119. Detective Darbyshire discussed the intent of the legislation, and recounted a case of child confinement on which he worked. Detective Darbyshire responded to questions regarding standard procedure on how to handle these types of cases. Detective Gallagher provided input on these procedures.

Discussion ensued regarding the ability to prosecute certain crimes under current law.

Ms. Jennifer Darby, representing the Fourth Judicial District, testified in support of the bill. Ms. Darby addressed certain questions raised during earlier discussion about the necessity for additional statutory crimes. Mr. Mark Geist, representing himself, testified in support of SB 18-119. Mr. Geist discussed the effects of excessive confinement on children. Discussion returned to the reasons why the case referenced during earlier testimony could not be prosecuted as a felony under current law.

Discussion continued regarding the need to place into law the crimes contained in the bill, and the potential for making the crimes specific intent crimes. Ms. Darby responded to questions regarding whether parental authority is an affirmative defense, and the potential for placing the crimes in SB 18-119 within the child abuse statutes. Discussion ensued on this point. Chairman Salazar laid over SB 18-119.