S_JUD_2023A 03/06/2023 01:38:14 PM Committee Summary

Senators B. Pelton and Fields, co prime sponsors, explained Senate Bill 23-088, concerning an offender's eligibility for release from confinement.  They discusssed how the bill requires the Colorado Commission on Criminal and Juvenile Justice (CCJJ) to submit a progress report to the General Assembly on its study of sentencing reform. 

Dr. Sharon Anable, representing themself, testified in support of the bill.

Ms Maureen Cain, representing Colorado State Public Defender, testified to amend the bill.  She suggested amending the time frames for the sentencing reform study.

Tom Raynes, representing CDAC, testified in support of the bill. He also supported an amendment to change time frames for the study.

Senator B. Pelton distributed and explained Amendment L.001, which strikes provisions about victim notification (Attachment A). 

Senator B. Pelton distributed and explained Amendment L.003, which changes the dates for the CCJJ sentencing reform study (Attachment B). 

The bill sponsors made closing remarks. 

Committee members made closing comments. 

Senators Mullica and B. Pelton, co-prime sponsors, presented Senate Bill 23-109, concerning a criminal penalty for the supplier when a person dies as a result of the use of a controlled substance.   The bill sponsors discussed the need and reasons for the bill. 

The bill sponsors distributed and explained Amendment L.003, which captures "Good Samaritan" language and establishes other parameters around sharing controlled substances (Attachment C).

Committee members asked questions about the bill and amendment.  Committee discussion followed about the stakeholding process, consequences for dealers, and overdose deaths resulting from drugs other than fentanyl. 

Distrct Attorney Brian Mason, representing the 17th Judicial District Attorney's Office, testified in support of the bill. 

District Attorney Travis Sides, representing the 13th Judicial District, testified in support of the bill. 

Chief Deputy District Attorney Thain Bell, representing themself, testified in support of the bill. 

District Attorney John Kellner, representing the 18th Judicial District Attorney's Office, testified in favor of the measure. 

The panel answered questions about distribution charges that result in a death and frequency of those charges.   Further discussion ensued about the CCJJ and potential study of this topic. 

The panelists discussed the urgency of the situation and answered questions about stakeholding.  Further conversation followed about the intent of the bill and accountability. 

Commander Tim Walsh, representing Colorado Association of the Chiefs of Police, testified in support of the bill.

Mr Erik Stone, representing Teller County, testified in support of the bill.

Mollie Steinemann, representing Colorado Municipal League, testified in support of the bill.

Committee members asked questions about the number of arrests for drug distribution resulting in death,  Conversation ensued about differentiating between drug users and dealers. 

Sam Kamin, representing themself, testified in opposition to the bill.

Kyra deGruy Kennedy, representing themself, testified in opposition to the bill.

Dr Joshua Barocas, representing themself, testified in opposition to the bill.

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill.

Committee members asked questions about the bill's application and impact on detterence.  

Committee discussion continued about basing penalties on controlled substance weight, as outlined in Amendment L.003 (Attachment C).   Further discussion ensued about ratio testing of drugs. 

Ms. Trina Griego, representing Interfaith Alliance of Colorado, testified in opposition to the bill.

Mr Jeremy Pavlik, representing themself, testified in opposition to the bill.

Lisa Raville, representing Harm Reduction Action Center, testified in opposition to the bill.

Dr. Bryon Adinoff, representing Colorado Psychiatric Society, testified in opposition to the bill.

Mr. Philip Cherner, representing Colorado Criminal Defense Bar, testified in opposition to the bill.

Ms. Prescillia Wells, representing themself, testified in opposition to the bill.

Mr Thomas Hernandez, representing Tribe Recovery Homes, testified in opposition to the bill.

Kala Bettis, representing Eagle Valley Behavorial Health, testified in opposition to the bill.

Committee members asked questions about homicide laws and prosecutions of high level drug dealers.

Mr. Nathan Huntley, representing themself, testified in opposition to the bill.

Mr Bruce Floyd, representing themself, testified in opposition to the bill.

Hope Stonner, representing Colorado Consumer Health Initiative, testified in opposition to the bill.

Mx. Charlie Kestler, representing Colorado Center on Law and Policy, testified in opposition to the bill.

Ms. Betsy Craft, representing Colorado Drug Policy Coalition, testified in opposition to the bill.

Sydney Melson, representing Colorado Providers Association, testified in opposition to the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Bridget Anshus testified on behalf of Byron Buckendorf in opposition to the bill.

Committee members asked questions about Good Samaritan and drug induced homicide laws in other states. 

Geno Shvedov, representing himself, testified in support of the bill.

Jennifer Dillon, representing Colorado Drug Policy Coalition, testified in opposition to the bill.

Jessie Broom Ms Jessie Broom, representing themself, testified in opposition to the bill.   She distributed an article about imprisonment and state drug problems (Attachment D). 

Mr. Frank Cornelia, representing Colorado Behavioral Healthcare Council, testified in opposition to the bill.

Committee members asked questions about the stakeholder process. 

James Gannon, representing Advocates for Recovery Colorado, testified in opposition to the bill.

Eva Frickle, representing West Metro Resistance, JeffcoCan, Indivisible CO7, Indivisible Front Range Resistance, testified in opposition to the bill.

Mx Z Williams, representing themself, testified in opposition to the bill.

Shannon Bucci, representing themself, testified in opposition to the bill.

Elizabeth Sullivan, representing themself, testified in opposition to the bill and read testimony from Forest Mangus at Sterling Correctional Facility.

Valentina Atencio, representing Advocates for Recovery Colorado, testified in opposition to the bill.

Mx. Dana Steiner, representing themself, testified in opposition to the bill.

Travis Ayers, representing themself, testified in opposition to the bill.

Angela Williams, representing Advocates for Recovery Colorado, testified in opposition to the bill.

Ms. Ana Miller, representing themself, testified in opposition to the bill.

Committee members asked questions about addiction. 

Mrs Laura Allem, representing Advocates for Recovery Colorado, testified in opposition to the bill.

Jack Devie, representing themself, testified in opposition to the bill.

Ms. Ally Arnaiz, representing themself, testified in opposition to the bill.

Angela Shuff, representing Advocates for Recovery Colorado, testified in opposition to the bill.

Committee members inquired about treatment and addiction in rural Colorado.

Cheryl Wilson, representing themself, testified in opposition to the bill.

Valerie Collins, representing themself, testified in opposition to the bill.

Mr James Karbach, representing Colorado State Public Defenders, testified in opposition to the bill.

Ms. Breeah Kinsella, representing Colorado Providers Association, testified in opposition to the bill.

Ms. Lauren Snyder, representing Mental Health Colorado, testified in opposition to the bill.

Committee discussion ensued about current provisions in law to punish dealers.  Questions were also raised about the amendment and associated legal issues. 

Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill.

Committee discussion followed about the proposed amendment, other state laws on the topic, and the CCJJ.  Questions were raised about the application of existing law and the impetus for the bill. 

Written testimony about SB23-109 may be found in Attachment E.

The bill sponsors returned to the table to discuss Amendment L. 003 (Attachment C).

Senator Gonzales distributed and explained Amendment  L.005, which requires the CCJJ to study criminal penalties for suppliers when a person dies as a result of a controlled substance (Attachment E).

The bill sponsors did not support the amendment. 

The bill sponsors made closing comments.

Committee members made closing remarks.