h_jud_2016a_2016-05-05t14:14:16z2 Hearing Summary

Date: 05/05/2016

02:28 PM -- SB16-181



Representatives Kagan and Dore, prime sponsors, presented Senate Bill 16-181, concerning the sentencing of persons convicted of class 1 felonies committed while the persons were juveniles. Representative Kagan explained the effect of the bill and discussed its need.





02:39 PM



Representative Kagan continued to brief the committee on SB 16-181. Representative Dore provided additional input on the merits of the bill.





02:51 PM



Representative Dore continued to discuss the merits of SB 16-181. Representative Kagan responded to questions regarding the scope of the applicability of the bill, and the likelihood that those subject to the new sentencing ranges created under the bill will still die in prison. Discussion ensued regarding the nature of these sentencing ranges and applicable caselaw.





03:03 PM



Representative Kagan explained certain time reductions on sentences, and how the bill affects these sentence reductions. Discussion ensued regarding the different sentencing ranges allowed under the bill. The following persons testified regarding SB 16-181:



03:20 PM -- Ms. Kathleen Lord, representing the Office of the State Public Defender, testified in support of the bill. Ms. Lord discussed changes to sentencing for juveniles made in recent years.



03:24 PM -- Ms. Sharletta Evans, representing herself, testified in support of the bill. Ms. Evans recounted the death of her son, and discussed her efforts to reduce sentences for juveniles convicted of certain crimes.



03:30 PM -- Mr. Stan Garnett, representing the Twentieth Judicial District, testified in support of the bill. Mr. Garnett discussed the need to bring Colorado law into alignment with court findings on the issue of juvenile sentencing. Mr. Garnett responded to questions regarding the support of other district attorneys in Colorado for SB 16-181. Committee members received a letter in support of the bill from Mr. Garnett (Attachment A).



16HouseJud0505AttachA.pdf



03:33 PM -- Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff discussed jurisprudence on the issue of juvenile sentencing, and further explained the effect of the bill. Committee members received a fact sheet supporting SB 16-181 (Attachment B). Ms. Proff addressed questions raised during earlier testimony. Discussion ensued regarding the sentencing range for juveniles allowed by the bill.



16HouseJud0505AttachB.pdf



03:43 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes addressed earlier discussion about jurisprudence surrounding juvenile sentencing, and noted an inconsistency in the bill that may result in a court challenge. Mr. Raynes provided clarification regarding the sentencing range allowed under the bill.





03:56 PM



Discussion continued regarding jurisprudence on the issue of juvenile sentences of life without parole, and the potential for amending the bill to address potential legal conflicts. Mr. Raynes responded to questions regarding his fundamental objection to the bill, and the potential for amending the bill to address his concerns.





04:16 PM



Mr. Raynes responded to questions regarding the source of potential legal challenges to SB 16-181, and the potential impact of uncertain parole dates for offenders on victims' families.



04:21 PM -- Mr. Bruce Grode, representing himself, testified in support of the bill. Mr. Grode recounted his experience as a juror in case for an individual that might be affected by the bill. Mr. Grode responded to questions regarding the persons and facts associated with this case.



04:29 PM -- Ms. Anne Hardy, representing herself, testified in opposition to the bill. Ms. Hardy recounted the murder of her son by a juvenile, and the impact this has had on her family.



04:34 PM -- Ms. Kate Horn-Murphy, representing the Colorado Organization for Victim Assistance and the Colorado Coalition for Criminal and Juvenile Justice, testified in opposition to the bill. Ms. Horn-Murphy discussed the stakeholder process observed during the drafting of the bill, and provided background on the victims of the crimes perpetrated by the 48 individuals that may have reduced sentences as a result of the bill. Ms. Horn-Murphy responded to questions regarding how the bill might be improved to the satisfaction of victims' families, earned time provisions in the bill, and the length of sentences.





04:44 PM



Ms. Horn-Murphy continued to respond to questions concerning the difference between juvenile and adult sentencing, and earned time.



04:48 PM -- Senator Joanne Benson, Maryland State Senate, testified in support of the bill. Senator Benson distributed written copies of her testimony (Attachment C). She recounted the story of a former student who was convicted of a crime committed in Colorado. Senator Benson responded to questions regarding juvenile sentencing schemes in Maryland.



16HouseJud0505AttachC.pdf



04:58 PM



The committee recessed.





05:02 PM



The committee returned to order.



05:03 PM -- Mr. Andrew Cooper, representing the Attorney General's Office, testified in opposition to SB 16-181. Mr. Cooper questioned the necessity for passing the bill to bring the state into compliance with supreme court jurisprudence, and pointed out some potential separation-of-powers issues that may result from the bill's passage. Discussion ensued regarding the separation-of-powers issues.



05:12 PM -- Ms. Satima Porter, representing the Sam Cary Bar Association, testified in support of the bill. Ms. Porter discussed racial disparities in sentencing of juveniles to life without parole, and explained how the bill would help to address this issue.



05:16 PM -- Ms. Linda Mitchell, representing herself, testified in support of the bill. Ms. Mitchell discussed the life sentence her nephew received, and spoke in favor of treating sentencing for juvenile crimes on a case-by-case basis.



05:20 PM -- Ms. Ashley Ratliff, representing the Colorado Juvenile Defender Center and the Office of the Alternate Defense Counsel, testified in support of the bill. Ms. Ratliff read a statement in support of the bill, highlighting a case of juvenile life-without-parole.



05:24 PM -- Ms. Stacie Colling, representing the Office of the Alternate Defense Counsel, testified in support of SB 16-181. Ms. Colling discussed the average life expectancy of a juvenile sentenced to life without parole.



05:27 PM -- Mr. Phil Cherner, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Cherner discussed the likelihood that those eligible for a parole hearing will actually be paroled.



05:31 PM -- Mr. Eric Sandler, representing himself, testified in support of the bill. Mr. Sandler rebutted certain claims made during earlier testimony. Mr. Sandler responded to questions regarding the opposition's claims about certain court rulings on juvenile life without parole.



05:35 PM -- Ms. Davena Frazzini, representing herself, testified in support of the bill. Ms. Frizzini discussed the impact that her father's sentencing to life without parole as a juvenile has had on her. She discussed certain unethical aspects of juvenile sentencing.





05:40 PM



The committee recessed.





05:41 PM



The committee returned to order.



05:41 PM -- Pastor Gordon England, representing himself, testified in support of the bill. Pastor England rebutted claims made by district attorneys.





05:45 PM



Representative Foote explained the effect of amendment L.016 (Attachment D).



16HouseJud0505AttachD.pdf

05:49 PM



Representative Kagan provided closing remarks in support of SB 16-181. Various committee members provided their positions on the bill.

06:09 PM



The committee recessed.