H_JUD_2018A 02/22/2018 01:38:09 PM Committee Summary

The committee was called to order. All members were present. Representatives Benavidez and Lee, prime sponsors, presented House Bill 18-1081, concerning requiring the State Court Administrator to administer a division to remind criminal defendants to appear in court as scheduled.  Committee members received a handout showing the budgets of Colorado's counties (Attachment A), and amendment L.003 (Attachment B). The committee heard testimony on the bill at its February 15 meeting. Representative Benavidez explained the effect of amendment L.003, and addressed some questions raised at the earlier meeting.  Representative Lee provided additional remarks about the stakeholder process involved in drafting amendment L.003. Representatives Benavidez and Lee responded to questions regarding the positions of certain stakeholders on the amendment. Representative Benavidez responded to questions regarding whether fees are assessed to those who will receive reminders under the bill.

Discussion ensued regarding whether the communication medium used for providing notification under the bill will change in the future. Discussion followed regarding the potential for creating an aggravating factor when a defendant receives a notice to appear in court as prescribed by HB 18-1081 and still does not appear.  Mr. Terry Scanlon, representing the Judicial Department, explained the department's position on certain provisions in amendment L.003.  Discussion ensued regarding the effect of these provisions.

Various committee members provided their positions on HB 18-1081. The sponsors provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representative Benavidez, prime sponsor, presented House Bill 18-1040, concerning incentives to provide inmates with needed services.  Representative Benavidez explained the effect of the bill and discussed its need.  Committee members received amendments L.001 (Attachment C) and L.002 (Attachment D).  Representative Benavidez responded to questions regarding the effect of the amendment, and what constitutes a "difficult to serve area" under the bill.

Discussion ensued regarding the provision of mental health treatment in the Department of Corrections. Representative Benavidez responded to further questions about amendment L.001, and the number of offenders denied parole based on their not receiving sex offender treatment.  Representative Benavidez responded to questions regarding the potential for relocating sex offenders to places where they could receive treatment.

Ms. Christina Rosendahl, representing the Department of Corrections, testified in opposition to HB 18-1040. Ms. Rosendahl explained why the solution provided by the bill to boost the number of sex offender treatment providers for prisons is not optimal.  Discussion ensued regarding efforts on the part of the Department of Corrections to address a shortage of sex offender treatment providers.  Ms. Rosendahl responded to questions regarding trends in sex offender treatment in the prisons, and what other similarly positioned states are doing to address sex offender treatment backlogs.

Ms. Rosendahl responded to questions regarding budgeting associated with hiring sex offender treatment providers.  Discussion ensued regarding the mandates in amendments to HB 18-1040 concerning the Department of Corrections.  Ms. Rosendahl responded to questions regarding the position of the department on amendments L.001 and L.002, and the ability of the department to provide sex offender treatment via electronic means.

Reverend Tina Yankee, representing the Colorado Council of Churches, testified in support of the bill.  She discussed efforts in the area of criminal justice reform.

Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of HB 18-1040.  She discussed the plight of offenders who are on the waiting list for sex offender treatment, and reform efforts in the area of sex offender treatment.

Ms. Maureen Cain, representing the Office of the State Public Defender, addressed questions raised during earlier testimony about the the sex offender population.  Ms. Cain responded to questions regarding how sex offender recidivism compares to the general prison population.

Discussion continued regarding recidivism rates for sex offenders in Colorado.

The committee discussed the merits of amendments L.001 and L.002, and the potential for amending amendment L.001.  The committee recessed.

Representative Benavidez, prime sponsor, presented House Bill 18-1089, concerning reform of pretrial criminal procedures, and, in connection therewith, prohibiting the use of monetary bonding except for certain defendants and requiring courts to conduct timely hearings to reconsider monetary conditions of bond under certain circumstances.  Committee members received amendment L.002 (Attachment E), and a fact sheet support the bill prepared by the ACLU (Attachment F).  Representative Benavidez explained the effect of the bill, along with amendment L.002.  Committee members received a statistic sheet concerning bond postings for certain crimes (Attachment F), which Representative Benavidez explained.

Representative Benavidez responded to questions regarding how a determination of willful failure to appear in court is made under amendment L.002.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, and Judge Robert J. Frick, representing the Colorado Municipal League and the Colorado Municipal Judges Association, testified in opposition to the bill. Judge Frick discussed the issue of willful failure to appear, and certain issues that should be addressed by bail reform efforts. He also raised concerns about the term "substantial and unacceptable risk" in amendment L.002.  Discussion ensued regarding the use of risk assessment tools under the bill, and the "clear and convincing standard" established in amendment L.002.  Judge Frick responded to questions regarding the number of cases that bond out in his jurisdiction, and the failure-to-appear rate.

Mr. Lane discussed bond hearing rates in his jurisdiction, and how these bond decisions might be affected by HB 18-1089.  He expressed concerns with L.002 similar to those expressed during earlier discussion.  Mr. Lane responded to questions regarding the potential for comprehensive bond reform.  Judge Frick discussed certain efforts within the Judicial Branch to address bond reform. Discussion ensued regarding efforts on all fronts to address bond reform.

Ms. Denise Maes and Ms. Rebecca Wallace, representing the ACLU, testified in support of HB 18-1089.  Ms. Maes discussed the unfairness associated with those who are in jail for failure to post bail, and the effectiveness of bail as a means to induce people to appear in court.  Ms. Wallace discussed the rate of pretrial detention in Colorado, and lawsuits underway that connect bail to the idea of debtors prisons. Ms. Maes responded to questions regarding efforts among stakeholders to move the issue of bail reform forward. Discussion returned to certain language in amendment L.002.

Discussion continued regarding certain language in amendment L.002.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill.  She discussed recent efforts at bail reform, and certain language in amendment L.002.

Ms. Cain responded to questions regarding the potential for the release of defendants under HB 18-1089 to present a public risk.  Ms. Cain responded to questions regarding language in amendment L.002 that was previously discussed.

The chair laid over HB 18-1089.