S_JUD_2020A 02/10/2020 01:32:37 PM Committee Summary

Senator Moreno, sponsor, explained SB20-136, an omnibus bill containing recommendations of the Statutory Revision Committee related to the committee's statutory charge. 

The committee asked questions about the difference between this bill and the Revisor's Bill.  

Senator Moreno distributed and explained Amendment L. 001 (Attachment A).

Senator Moreno distributed Amendments L. 002 and L. 004 and explained their purpose (Attachments B and C). 

Senator Hisey, sponsor, explained Senate Bill 20-059, concerning sexual assault on a student by an educator.  He asked that the bill be laid over to work on amendments, but requested that testimony be taken during the current hearing.  He discussed how the bill intends to address 18-year-olds in a high school setting and only applies to positions of trust, such as educators and coaches. 

Dawn Khederian, representing herself, testified in favor of the measure.  She described a situation between her 18- year-old daughter and a teacher. 

Amber Khederian, representing herself, testified in support of the bill.  She discussed power imbalances. 

Amanda Gall, representing the Colorado District Attorneys' Council, testified from a neutral position on the bill.  She noted that she is working with the bill sponsor on an amendment to narrow the language and align it with statutes regarding abuse of public trust. 

Maureen Cain, representing the Office of the State Public Defender, testified from a neutral position on the bill.  She discussed that she is working with interested parties on an amendment. 

Committee members asked questions about relationships of trusts and forthcoming amendments.

Linda Alderman, representing herself, spoke in favor of the bill.  She discussed the importance of protecting students and reporting requirements regarding improper conduct.  

Kim Davis, representing herself, testified in support of the bill. She discussed ways to improve the reporting process and non-disclosure agreements.

Senator Hisey said he would work with stakeholders on a proposed amendment. 

The chair announced that the bill will be a for action only item at the next Senate Judiciary meeting on February 12, 2020. 

Senators Zenzinger and Gardner, co-prime sponsors, explained Senate Bill 20-085, concerning a requirement that a sex offender being placed in a community corrections program meet certain requirements for a sex offender being released on parole.  Senator Zenzinger disbributed a handout about parole and community corrections eligibility requirements (Attachment D), and another one that compares indeterminate and determinate sex crimes (Attachment E).  She explained that individuals with indeterminate sentences for sex offenses are not required to participate in treatment before transfer to community corrections, unlike parole.  She stressed that the bill equalizes parole and community corrections requirements in this regard.  She distributed a copy of the Sex Offender Management Board Standards and Guidelines (Attachment F). 

Senator Gardner discussed accountability and sex offender treatment.  

Committee members asked questions about current practices and the number of sex offenders with indeterminate sentences who have been released to community corrections.   

Senator Zenzinger distrubuted a copy of the Standards and Guidelines prepared by the Sex Offender Management Board (Attachment F).  Senator Zenzinger distrubuted and explained Amendments L. 001 and L. 002 (Attachments G and H). 

Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill. She provided related statistics and stated benefits of aligning parole and community corrections requirements for certain individuals imprisoned for sexual offenses.   

Maggie Conboy, representing the Denver District Attorney's Office, testified in support of the bill. 

Amelia Sapp, representing the District Attorney's Office in Jefferson County, spoke in favor of the measure.  She discussed accountability and victims. 

Committee discussion followed about the numbers of sex offenders with indeterminate sentences who have transitioned to community corrections. 

Sterling Harris, representing Colorado Organization for Victim Assistance, testified in support of the bill.  She discussed practices in other states and accountability.

Senator Fields, prime sponsor, explained SB20-088, concerning evidentiary rules when a defendant interferes with a witness. 

John Kellner, representing the District Attorney's Office in the 18th Judicial District, testified in support of the bill.  He discussed forfeiture by wrongdoing.

Committee discussion followed about unreliable testimony, rules of evidence, and hearsay exceptions. 

Lara Mullen, representing the Denver District Attorney's Office, testified in support of the bill.  She answered questions about hearsay exceptions. 

Maggie Conboy, representing the Denver District Attorney's Office, spoke in favor of the bill.  She discussed the recurring problem of witness intimidation. 

Committee discussion ensued about hearsay exceptions. 

Committee discussion continued about rules of evidence. 

Maureen Cain, representing the Office of the State Public Defenders, testified against the measure.  She opposed a provision in the bill regarding the reliability of statements and related challenges.  Committee members asked questions about ways in which to rebut reliability. 

Committee members further discussed the differences between rebuttably reliable and presumptively reliable statements. 

Further discussion ensued about how provisions in the bill would play out in the context of a trial and rules of evidence. 

Senator Lee read into the record letters of support from Colorado Victims for Justice and Colorado Organization for Victim Assistance (Attachment I).   

Senator Fields made closing remarks.