3833CC8F64A73B5C872583AE0070F658 Hearing Summary

Senators Gardner and Lee, co-prime sponsors, presented SB19-108, concerning changes to improve outcomes for youth in the juvenile justice system.  Senator Gardner discussed the components of the bill and outlined the need for improvements in the juvenile justice system. 

Senator Lee discussed how the Council of State Governments assisted with the formation of the bill and the stakeholder process involved.  He mentioned that a task force met over the summer.  He noted the current deficiences in the juvenile justice system and stressed that youth are best served when individual needs are being met.  He also discussed assessment tools, best practices, outcomes, diversion programs, budgets, and secured detention.  

Senator Lee answered questions from the committee about conditions of probation and accountability.  Other points were raised about safety, case planning, restorative justice, and graduated responses and incentives.   

Nina Salomon, representing the Council of State Governments, spoke about the bill and her role as a consultant.  She discussed research conducted on Colorado's juvenile justice system and related findings, including the lack of data and uniform application of diversion programs.  She also discussed screenings, detention, recidivism rates, assessment tools, and graduated sanctions.  She noted the importance of data collection components in the bill. 

Ms. Salomon answered questions from the committee about age of maturation and what other states are doing in regard to risk assessment instruments. 

The following representatives from district attorneys' offices testified as a panel: 

Arnold Hanuman, representing the Colorado District Attorneys' Council (CDAC), spoke in opposition to the bill as introduced.  He mentioned that he was part of the task force that met over the summer and noted problems reaching consensus.  He raised concerns about the Committee on Juvenile Justice Reform, as proposed in the bill, and said that the Commission on Criminal and Juvenile Justice is already in place to perform a similar function.  He also stressed that no victims were involved in the process and that stakeholders have not met since the bill was introduced.  Other issues were raised about constitutional problems, funding, and local control. 

Tarik Sheikh, representing the CDAC, testified against the bill as introduced.  He noted positive aspects of the bill, such as the screening tools, but raised concerns about new standards and definitions as set forth in the bill.  Other issues raised included victim input, conditions of probation, and protective factors.

Rebecca Gleason, representing the District Attorney's Office in the18th Judicial District, testified against the bill as introduced.  She raised concerns about the diversion screening and the opt-out provision, as well as unfunded mandates.

Levon Hupfer, representing the District Attorney's Office in the 17th Judicial District, spoke in opposition to the bill as introduced.  He discussed the diversion section of the bill and current practices.  He suggested that one of the members of the newly formed committee in the bill be a diversion director. 

Mr. Hanuman answered questions about the location of the committee formed in the bill and if it should be in the governor's office.  Discussion followed about local control.  

Mr. Hupfer answered questions about conflicts of interest, funding streams,and diversion. 

Mr. Sheikh answered questions about revocations and conditions of probation.  He  discussed the federal Family First Prevention Services Act.

Discussion followed about the effective date, data collection, and proposed amendments. 

Committee members noted recent stakeholder meetings.  Committee members shared the need to involve victims in the process. 

Elise Logemann, representing the ACLU, spoke in favor of the bill.  She discussed the importance of the committee created in the bill and associated experts to create the risk assessment instruments.  She discussed an amendment that addressed some of the concerns raised by the district attorneys.   She also discussed detention standards, flight risk, opt-out provisions for the diversion screening, and funding streams. 

Ms. Logemann answered questions about temporary shelter for kids who pose a danger to themselves.  Committee discussion followed about diversion screening and the lack of available data about diversion programs. 

Ms. Logemann proceeded to walk the committee through amendments L. 001 (Attachment A), L. 002 (Attachment B), L. 003 (Attachment C), and L. 004 (Attachment D). 

Evie Hudak, representing Colorado PTA, testified in support of the bill. She stressed it is the highest priority to reduce the number of youths in the juvenile justice system.

Liz Porter-Merrill, representing the Office of the State Public Defender, testified in favor of the measure. She discussed the importance and effectiveness of diversion and restorative justice.

Chris Ryan, State Court Administrator, spoke in favor of the bill.  He discussed juvenile probation and revocations as well as his role on the task force over the summer.  

Anders Jacobson, representing the Division of Youth Services, discussed the bill and the stakeholder process.  He was encouraged about a risk and needs assessment tool used across the entire system.  He also discussed detention and the mental health needs of juveniles. 

Meg Williams, representing the Division of Criminal Justice, spoke in support of the bill.  She discussed the stakeholder process and the benefits of receiving recommendations from an outside consultant.  She explained diversion programs and screening tools.  

Margaret Wright, representing the Colorado Juvenile Parole Board, explained how the Juvenile Parole Board operates.  She suggested a conceptual amendment (Attachment E).

Allison Daley, representing Colorado Counties Incorporated, was neutral on the bill. She expressed concerns counties have regarding representation on the newly formed board, community placement, and residential child care facilities. 

Rebecca Wallace, representing the ACLU, spoke in support of the bill.  She discussed her participation in the task force and stressed that it's a moderate and measured bill that makes incremental improvements. 

Senator Lee referenced and moved the amendments discussed earlier in the meeting.  Senators Lee and Gardner made closing remarks.