6AF55832106E98288725823C007F1D61 Hearing Summary

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.