S_JUD_2022A 02/03/2022 01:36:59 PM Committee Summary

Senator Fields, bill sponsor, explained Senate Bill 22-024, concerning changes to strengthen the crime of intimidating a witness.  She discussed witness intimidation and noted the role of witnesses in the criminal justice system. 

Committee members asked questions about social media and indirect witness intimidation. 

District Attorney Gordon McLaughlin, representing Colorado District Attorney’s Council, testified in support of the bill.  He discussed witness protection and clarified the bill's purpose. 

Committee discussion ensued about the differences between influence and direct threats. 

Ms. Victoria Kelley, representing Denver District Attorney's Office, testified in support of the bill. She discussed witness intimidation in domestic violence cases.

Marguerite Conboy, representing Denver DA Office, testified in support of the bill.  She discussed the bill's application to domestic violence and human trafficking cases. 

Committee members asked questions about prefiling conduct and the definition of indirect in the bill. 

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in opposition to the bill.  He raised concerns that the bill does not cover defense witnesses and brought up duplication with complicity statutes. 

Further discussion followed about the term indirect and burden of proof. 

Ms. Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in support of the bill.

Chief Deputy District Attorney, Office of DA Kellner, 18th JD Andrew Steers, representing Office of District Attorney John Kellner, 18th Judicial District, testified in support of the bill.  He discussed forms of coercion and intimidation. 

Committee discussion followed about indirect threats, intimidation, and the application of the bill. 

Mr. Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), testified in support of the bill. A handout was distributed by the CDAC (Attachment A). 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified to amend the bill. She raised concerns about the narrow application of certain sections in the bill. 

Tim Lopez, representing self, testified in support of the bill. He discussed a personal experience with witness intimidation. 

The committee recessed.

The committee returned to order.

Senator Lee presented Amendment L. 001, which added law enforcement, defense attorneys, and investigators to the bill's application (Attachment B).

Senators Gardner and Lee, co-prime sponsors, presented Senate Bill 22-022, concerning the enactment of the Colorado Revised Statutes 2021 as the positive and statutory law of the state of Colorado.  

The committee thanked the publications team.

Senators Lee and Gardner, co-prime sponsors, explained Senate Bill 22-062, concerning procedures of the committee on legal services. They discussed the rule review process, including  election of officers and other matters.  

Senator Gardner presented Amendment L.001 about limiting the bill's scope to retention of counsel, as well as other transparency and notice issues (Attachment D).  

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified that Amendment L. 001 addressed the transparency concerns he had planned to raise. 

Senators Simpson and Lee, co-prime sponsors, presented Senate Bill 22-010, concerning pretrial diversion programs that are intended to identify eligible individuals who have behavioral health disorders in order to divert them from the criminal justice system into community treatment programs. 

Senator Simpson discussed that the bill is a recommendation from the Legislative Oversight Committee of the Treatment of Person with Mental Health Disorders in the Criminal Justice System (MHDCJS).

Senator Lee distributed a handout from the Mental Health Diversion Program FY21 Annual Report (Attachment E).  He discussed moving individuals away from the criminal justice system and into behavioral health treatment.  

Terry Scanlon, representing the Colorado Judicial Department, testified in support of the bill.

Kara Martin, representing the Colorado Judicial Department, testified in support of the bill.  

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.  He emphasized that pretrial diversion programs should serve all eligible individuals, regardless of behavioral health disorders.

Ms. Jennifer Roberts, representing Colorado Cross Disability Coalition, testified in support of the bill.

Senator Lee presented Amendment L.002 about access to pretrial diversion programs (Attachment F).

Senator Rodriguez presented Amendment L.003 about injectable medicines (Attachment G). 

Senator Lee explained reasoning for routing the bill to the Committee on Appropriations.

The bill sponsors made closing remarks.

Senators Rodriguez and Lee, co-prime sponsors, presented Senate Bill 22-021, concerning the treatment of persons with behavioral health disorders in the justice system.   They explained that the bill is a recommendation from the MHDCJS Legislative Oversight Committee to reauthorize the committee and associated task force, among other changes.  

Sage Sigman, representing himself, testified in support of the bill with an amendment to include housing as a subject of study for the task force.  He distributed a proposed amendment (Attachment H) and discussed his experiences with homelessness and the criminal justice system.

Dave Iverson, MHDCJS Task Force Chair, testified in support of the bill with a suggestion to strike term limits for task force members.  He also noted a change in membership concerning Department of Corrections. 

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill and made a suggestion about the public defender representative on the task force. 

Committee members asked questions about the omission of housing in the bill. 

Ms Cathy Alderman, representing Colorado Coalition for the Homeless, testified to amend the bill to include housing.  She submitted written testimony (Attachment I).

Bethe Feltman, representing self, testified in opposition to the bill. She raised issues about the task force membership.

Ms. Jennifer Roberts, representing Colorado Cross Disability Coalition, testified in support of the bill.

Gina Shimmeall, MHDCJS task force member, testified in support of the bill and recommended that housing specifically be included as a topic of task force study. 

Senator Rodriguez introduced Amendment L.002 about term limits (Attachment J). 

The bill sponsors made closing remarks.

Senators Lee and Cook, co-prime sponsors, introduced Senate Bill 22-018, concerning the expanding the court reminder program.  They explained changes the bill makes to the program, including automatic enrollment. 

Terry Scanlon, representing the Colorado Judicial Department, testified in support of the bill.

Dennis Goodwin, Director of Justice Services for Jefferson County, testified in support of the bill.  He addressed ways to strengthen the program.

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill. She distributed a fact sheet (Attachment K).

Matthew Server, representing Colorado Catholic Conference, testified in support of the bill.

Captain Michael Honn, representing Colorado State Patrol, testified in support of the bill.

Kym Ray, representing self, testified in support of the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Senator Lee introduced Amendment L.002 about the number of text reminders (Attachment L).

Sentor Lee presented Amendment L. 003 about forming a study group to review best practices (Attachment M).  

The bill sponsors made closing remarks.