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S_JUD_2023A 02/27/2023 01:40:42 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/27/2023
Attendance
Gardner X
Roberts *
Van Winkle X
Rodriguez X
Gonzales X
Time 01:40:42 PM to 04:44:31 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 23-Juvenile Parole Board Favorably Refer to Full Senate - Consent Calendar
SB23-067 Amended, referred to Senate Appropriations
SB23-097 Referred to Senate Appropriations

Conf 23-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar


01:43:06 PM  

Brandy Harper, Deputy Administrator of the Juvevnile Parole Board, made introductory remarks. 

Juvenile Parole Board confirmees introduced themselves and provided a brief explanation of their experience and interest in the position: Gretchen Russo, Cherrie Greco, Rachael Lovendahl, and Jared Prochnow

Committee members asked the panel questions about juvenile parole and readiness. 

 



01:57:29 PM
Motion Refer the appointment of Gretchen Russo, Rachael Lovendahl, Jared Prochnow, Cherrie Greco to the Conf 23-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-067 - Amended, referred to Senate Appropriations


01:57:47 PM  

Senator Coleman, bill sponsor, revisited Senate Bill 23-067, concerning a recidivism reduction program for persons sentenced to the Department of Corrections (DOC) facilitated by program participants in partnership with the DOC staff.   The bill was first heard in the Senate Judiciary Committee on February 22, 2023. 

Adrienne Sanchez, representing the Department of Corrections, discussed and presesented program and recidivism data that was requested at the prior hearing. 

Committee discussion followed about longitudinally tracking program participants. 

02:07:16 PM  

Senator Coleman distributed and explained the effects of Amendment L. 001 (Attachment A). 



02:07:53 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Rodriguez
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:08:10 PM  

Senator Coleman distributed Amendment L. 002 and explained its effects (Attachment B). 



02:09:08 PM
Motion Adopt amendment L.002 (Attachment B)
Moved Rodriguez
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:09:11 PM  

Senator Coleman made closing remarks and discussed reentry challenges. 

Committee discussion ensued about the bill's necessity, DOC mandates, and staffing. 



02:15:39 PM
Motion Refer Senate Bill 23-067, as amended, to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-097 - Referred to Senate Appropriations


02:15:52 PM  

Senators Gardner and Zenzinger, co-prime sponsors, presented Senate Bill 23-097, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regarding motor vehicle offenses committed by a person who is not the owner of the motor vehicle. 

The bill sponsors discussed the statewide increase in auto thefts.  They explained the bill eliminates the provision in state law that ties the value of a stolen vehicle to the severity of the penalty, which will make most auto theft a felony regardless of the vehicle's value. 

 

 

02:27:16 PM  

Committee members asked questions about the bill's provision that creates the offense of an unauthorized use of a motor vehicle, class 1 misdemeanor, when the auto is returned to the owner or recovered by law enforcement within 24 hours.

02:32:31 PM  

Michael Hancock, representing Mayor of the City and County of Denver, testified in support of the bill. He discussed the increase in car theft and violent crime in Denver.

Mayor Mike Coffman, representing City of Aurora, testified in support of the bill. He discussed car theft rates in Aurora.

Mayor Guyleen Castriotta, representing themself, testified in support of the bill. She discussed automobile theft in Broomfield.

Committee members asked questions about arrest and clearance rates. 

 

02:48:36 PM  

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill.  She raised concerns about deterrence. 

Committee members asked questions about school notification and auto thefts involving minors. 

02:55:57 PM  

District Attorney Alexis King, representing themself, testified in support of the bill. She discussed car theft statistics from the First Judicial District and the benefits of the bill. 

District Attorney Brian Mason, 17th Judicial District, testified in support of the bill.  He discussed inequities in current law and answered questions about arrest and conviction rates.

Chief Ed Brady, representing Colorado Association of the Chiefs of Police, testified in support of the bill.  He discussed public safety and strengthening consequences.

Committee members asked questions about impound fees.  Further discussion ensued about caseloads in county and district courts, community supervision, and law enforcement staffing levels. 

03:19:56 PM  

Committee discussion continued about mens rea and proving knowledge of driving a stolen vehicle.  Committee members asked quesitons about juvenile case filings for auto theft. 

03:24:38 PM  

Lieutenant Colonel Joshua Downing, representing Colorado State Patrol, testified in support of the bill.

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police, testified in support of the bill.

Deputy Chief Jeff Jensen, representing City of Colorado Springs/Colorado Springs Police Department, testified in support of the bill.

Committee members asked questions about auto vehicle theft clearance and recovery rates.

 

 

03:42:37 PM  

Sheriff Darren Weekly, representing themself, testified in support of the bill.

Jeff Riester, representing Department of Law, testified in support of the bill.

Committee members asked questions about auto vehicle theft in other states. 

 

03:49:58 PM  

Mr. Mitch Morrissey, representing themself, testified in support of the bill.  He discussed auto theft in other states. 

Committee member discussion ensued about clearance and prosecution rates. 

 

 

04:03:20 PM  

Ricci Lee Hotz, representing themself, testified in support of the bill.  She shared a personal experience of having her car stolen. 

Mollie Steinemann, representing Colorado Municipal League, was available to answer committee questions.

Jon Peters, representing themself, testified in support of the bill.  He shared a personal experience with auto theft. 

04:10:04 PM  

Ms Tonia Jackson, representing themself, testified in support of the bill. She discussed victim-related costs. 

David Cardella, representing Colorado Independent Automobile Dealers Association, testified in support of the bill.

Submitted written testimony is in Attachment C. 

04:18:22 PM  

The bill sponsors made closing remarkds. 

Commitee members made closing comments.



04:44:19 PM
Motion Refer Senate Bill 23-097 to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:44:31 PM   The committee adjourned.






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details