S_JUD_2016A 02/08/2016 01:32:59 PM Committee Summary

01:33 PM -- SB16-111



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Roberts laid over Senate Bill 16-111, concerning authorizing Colorado mountain rangers as certified peace officers, to a future meeting.





01:34 PM -- SB16-003



Senator Roberts and Senator Jones, co-prime sponsors, presented Senate Bill 16-003, concerning the increased authority to use broadcast burning as an optional tool to reduce wildfire risk and providing additional funding for wildfire risk reduction efforts. Senator Roberts distributed two handouts to the committee (Attachments A and B) and explained that the bill was approved by the Wildfire Matters Review Committee.



16SenateJud0208AttachA.pdf 16SenateJud0208AttachB.pdf



01:37 PM -- Ms. Paige Lewis, representing the Nature Conservancy, testified in support of the bill. She stated that Colorado should be prepared for wildfires, which includes proactively reducing the risk of wildfires.



01:41 PM -- Mr. Gerald Gibbens, representing the Northern Colorado Water Conservancy District, testified in support of the bill. Mr. Gibbens provided information about his water district and discussed the reasons to support wildfire mitigation efforts and the Wildfire Risk Reduction Grant Program.















01:48 PM -- Mr. Don Kennedy, representing Denver Water, testified in support of the bill. Mr. Kennedy discussed how forest health relates to water quality and availability and he described specific work related to forest health.



01:55 PM -- Ms. Nancy Zorensky, representing herself, testified in support of the bill. Ms. Zorensky provided the committee with pictures showing the effects of wildfires in treated and untreated areas (Attachments C and D). She explained her experience with fires near her home and the reasons that she supports funding mitigation efforts, including professional logging.



16SenateJud0208AttachC.pdf 16SenateJud0208AttachD.pdf



02:03 PM -- Mr. Aaron Kimple, representing the Mountain Studies Institute and the San Juan Headwaters Forest Health Partnership, testified in support of the bill. Mr. Kimple discussed water sources in Archuleta County, and the benefits in that area realized from grant funding.



02:07 PM -- Ms. Pam Wilson, representing FireWise of Southwest Colorado, testified remotely in support of the bill. Ms. Wilson discussed challenges for minimizing fire risk, and funding sources that support those efforts.



02:13 PM -- Mr. Kevin Heiner, representing Southwest Conservation Corps and Conservation Legacy, testified remotely in support of the bill. Mr. Heiner expressed support for broadcast burn programs, and explained efforts that were funded by the Wildfire Risk Reduction Grant Program.



02:17 PM -- Mr. Kent Grant, representing the Colorado State Forest Service, remotely provided neutral testimony on the bill. Mr. Kent provided information on programs that are grant funded.



02:24 PM -- Mr. Evan Buchanan, representing Durango & Silverton Narrow Gauge Railroad, testified remotely in support of the bill. Mr. Buchanan discussed his experience as a recipient of grant funding.



02:27 PM -- Mr. Dan Gibbs, representing Summit County, testified in support of the bill. Mr. Gibbs discussed the costs associated with wildfires and Summit County's approach to funding wildfire mitigation programs. He explained that prevention is less expensive than the costs associated with a wildfire.



02:32 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. She spoke favorably of prior testimony and discussed issues with resources that are remedied, in part, by the bill.



02:34 PM -- Ms. Christina Randall, representing the Colorado Springs Fire Department, testified in support of the bill. She discussed wildfire mitigation in Colorado Springs, and the cost-benefit analysis of engaging in mitigation efforts.



02:36 PM -- Mr. Paul Cooke, representing the Division of Fire Prevention and Control in the Department of Public Safety, testified in support of the bill. Mr. Cooke provided the committee with information about wildfires in Colorado.

















02:38 PM -- Ms. Madeleine West, representing the Department of Natural Resources, provided neutral testimony on the bill. Ms. West provided information on the Wildfire Risk Reduction Grant Program administered by the department. She stated that the department supports including proscribed burns in the program, and discussed concerns regarding Tier 2 program funding under the grant program.



02:43 PM -- Mr. Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill and explained his reasons for doing so.



02:45 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill.



02:45 PM -- Mr. Jonathan Bruno, representing the Coalition of the Upper South Platte, testified in support of the bill. Mr. Bruno explained the costs of mitigation compared to costs associated with wildfires.



02:48 PM -- Mr. Eric Howell, representing Colorado Springs Utilities, testified in support of the bill. He discussed budgeting and costs associated with fire prevention.



02:51 PM -- Mr. Lyle Loverty, representing the Society of American Foresters, testified in support of the bill. Mr. Loverty discussed costs associated with mitigation and how agencies fund those costs, including borrowing money. He also discussed the benefits of broadcast burns and tools for mitigating fires. In response to a question, Mr. Loverty explained broadcast burns, generally.





02:58 PM



Senator Roberts provided closing remarks on the bill.

03:03 PM -- SB16-065



Senator Steadman presented Senate Bill 16-065, concerning criminal restitution. Senator Steadman discussed a 2014 audit by the Office of State Auditor of the criminal restitution system (2014 OSA audit) that gave rise to the bill. Senator Steadman provided the committee with statistics relating to interest on restitution payments, and explained specific provisions in the bill. Senator Steadman explained amendments that he planned to introduce to the committee when appropriate.





03:13 PM



Senator Steadman continued to explain his amendments. He and Senator Cooke discussed a driver's license revocation provision.



03:18 PM -- Ms. Catrice Thomas, representing Colorado Organization for Victim Assistance, testified in support of the bill. She discussed her perspective as a social worker and her father's experience as a victim of crime. She stated costs that she incurred as a relative of a victim, and asked the committee to consider victim's costs.



03:21 PM -- Mr. Matt Strauch, representing himself, testified in support of the bill. Mr. Stauch discussed his experience concerning paying restitution and how interest accrues on the amount that he owes.



03:26 PM -- Ms. Terri Hurst, representing Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Hurst relayed some stories that she heard regarding restitution payments.



03:29 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District, and representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Brauchler stated that the interest rate should change, and then explained his objections to specific provisions of the bill.



03:35 PM -- Mr. Hassan Latif, representing Second Chance Center, testified in support of the bill. Mr. Latif discussed earlier testimony. He also addressed issues and challenges facing convicted persons following incarceration, and recidivism rates.



03:42 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner stated concerns regarding prosecutors negotiating interest on criminal restitution amounts.



03:45 PM -- Ms. Violet Pierce, representing herself, testified in support of the bill. Ms. Pierce explained the circumstances of a particular client.



03:46 PM -- Ms. Allison Boyd, representing herself, testified in opposition to the bill. She stated that restitution, and interest on restitution, is important to victims, and that there has been an increase in restitution collected since the 2014 OSA audit. She explained what is and is not included in amounts of restitution owed. She explained her opposition to specific provisions in the bill. In response to the committee, Ms. Boyd discussed restitution owed from decedent's estates.



03:51 PM -- Ms. Tracy Renner, representing the State Public Defender's Office, testified in support of the bill. She discussed the 2014 OSA audit. Ms. Renner explained her support for specific provisions of the bill and explained the difference between pre- and post-interest restitution.















03:56 PM -- Mr. Philip Smith, representing himself, testified in support for the bill. He stated specific provisions of the bill that he supports.



04:01 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Institute, testified in support of the bill. Ms. Cain expressed support for an amendment that would permit the reinstatement of driver's licenses for those who owe restitution. Ms. Cain responded to a question regarding driver's licenses.



04:04 PM -- Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff discussed situations where juveniles were ordered to pay restitution.





04:08 PM



Senator Steadman provided closing remarks. Senator Roberts laid the bill over for action at a future meeting.





04:12 PM -- SB16-102



Senator Kerr presented Senate Bill 16-102, concerning the elimination of mandatory sentencing for certain crimes. Senator Kerr provided a packet of information to the committee, explained the history of mandatory minimum sentencing, and provided the reasons for bringing the bill.



04:17 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson explained existing sentencing laws not affected by the bill. She specifically discussed second degree assault and provided information on specific cases. Ms. Thompson cited a specific case in which she was involved where leniency was recommended, and discussed the potential drawbacks of not accepting a plea bargain.





04:28 PM



Ms. Thompson responded to questions regarding provisions in the bill concerning the violation of bail bond conditions.



04:33 PM -- Mr. Josh Tolini, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tolini explained an experience of a client involving second degree assault. As a part of the explanation, he discussed second degree assault and sentencing, generally.



04:39 PM -- Ms. Andrea Hall, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Hall explained the experience of a client.



04:42 PM -- Mr. Alex Garlin, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Garlin explained the experience of a client.

























04:52 PM



Mr. Garlin continued to explain the situation of a client.



04:59 PM -- Mr. Patrick Mulligan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Mulligan explained the experience of clients afforded a chance at reconsideration of a sentence under existing law.



05:08 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes spoke favorably of prior testimony, and stated that the bill would provide for more individualized sentencing. Senator Roberts and Ms. Maes discussed the actions and responsibilities of the Colorado Commission on Criminal and Juvenile Justice.



05:12 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District and representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Brauchler spoke on prosecutorial discretion in sentencing and the role of judges in sentencing prior to mandatory sentencing laws. He also discussed sentencing and bail, generally.





05:22 PM



Mr. Brauchler continued to discuss bail violations and spoke on prior testimony. Mr. Brauchler responded to questions regarding recidivism. Senator Kerr commented on the information he provided to the committee earlier.



05:27 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner spoke favorably of Mr. Brauchler's testimony, and commented on the client experiences described in prior testimony.



05:31 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Mr. Johnson stated agreement with the testimony of Mr. Brauchler and Mr. Turner. He also discussed a specific case.



05:33 PM -- Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tejada discussed a specific case. He also discussed burdens of proof under existing law, specific provisions of the bill, and specific cases from prior testimony. Mr. Tejada responded to questions regarding the specific case mentioned in his testimony.





































05:43 PM



Senator Kerr provided closing remarks on the bill. Committee members explained their positions on the bill.

05:54 PM -- SB16-051



Senator Johnston and Senator Lundberg, co-prime sponsors, presented Senate Bill 16-051, concerning increasing judicial discretion regarding the imposition of consecutive sentences for violent crimes. The sponsors distributed and explained Amendments L.001 (Attachment E) and L.004 (Attachment F).



16SenateJud0208AttachE.pdf 16SenateJud0208AttachF.pdf



06:00 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill.



06:02 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District and representing the Colorado District Attorneys' Council, the Denver District Attorney's Office, and the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Brauchler discussed the accountability of persons making sentencing decisions. Mr. Brauchler recommended that the Colorado Commission on Criminal and Juvenile Justice be involved in developing legislation concerning sentencing.



06:11 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed judicial decision making and the results of studies on criminal behavior and sentencing. She also discussed judicial training.



















06:18 PM -- Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill and explained the situation of a client.





06:21 PM



Senator Johnston and Senator Lundberg provided closing remarks on the bill.

Committee members commented on the bill.

06:27 PM



The committee adjourned.