h_jud_2016a_2016-03-15t13:33:26z2 Hearing Summary

Date: 03/15/2016

01:58 PM -- SB16-051



The committee recessed.





02:01 PM



The committee returned to order. Representative Melton, prime sponsor, presented Senate Bill 16-051, concerning increasing judicial discretion regarding the imposition of consecutive sentences for violent crimes. Representative Melton explained the effect of the bill and discussed its need, providing an example of the problem addressed by the bill. The following persons testified regarding SB 16-051:



02:03 PM -- Mr. George Brauchler, representing the Eighteenth Judicial District and the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Brauchler discussed the importance of addressing mandatory sentencing, and the process through which mandatory sentencing-related legislation has been coming forward. Mr. Brauchler responded to questions regarding changes made to the bill in the Senate, and the inclusion of crimes of escape within the scope of a bill.





02:15 PM



Mr. Brauchler responded to questions regarding the benefits of using the Colorado Commission on Criminal and Juvenile Justice (CCJJ) to propose crime-related legislation, and CCJJ's engagement on mandatory sentencing. Mr. Brauchler responded to questions regarding why certain crimes addressed by the bill are subject to mandatory sentencing.





02:28 PM



Discussion continued regarding the role of CCJJ in addressing mandatory sentencing and proposing legislation on the issue.



02:30 PM -- Mr. Scott Turner, representing the Attorney General's Office, testified in opposition to SB 16-051. Mr. Turner discussed consecutive sentencing for the crimes covered by the bill, and judicial discretion in sentencing for these crimes. Mr. Turner responded to questions regarding the lack of action by CCJJ on the issues addressed by the bill.





02:41 PM



Discussion ensued regarding the volume of work undertaken by CCJJ in recent years.



02:45 PM -- Mr. Dan May, representing the Fourth Judicial District, testified in opposition to the bill. Mr. May discussed the inclusion of the crimes covered by the bill in the sentencing scheme that allows consecutive sentencing. Mr. May responded to questions regarding the complicated nature of Colorado's sentencing scheme, and the piecemeal nature of its creation.





02:56 PM



Mr. May responded to questions regarding the importance of allowing CCJJ to propose legislation pertaining to certain crime-related issues. Discussion ensued regarding the severity of the crimes covered by the bill.



03:05 PM -- Mr. Howie Close, representing himself, testified in support of the bill. Mr. Close recounted his experiences in committing violent crimes and the subsequent sentencing, as well as his activities since release. He discussed the importance of allowing the court discretion in sentencing. Discussion ensued regarding the programs he has conducted post-release. Mr. Close responded to questions regarding his potential sentence had he committed his crimes in a different sequence.



03:12 PM -- Ms. Jasmine Lima-Marin, representing herself, testified in support of SB 16-051. Ms. Lima-Marin discussed crimes committed by her husband, the subsequent sentencing and release based upon a clerical error, and his reentry into prison. She discussed her husband's accomplishments, and the impact of his return to incarceration. Ms. Lima-Marin reiterated the crimes committed by her husband.



03:18 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed the purposes of sentencing, and the impact of mandatory sentencing on these purposes. Ms. Thompson discussed some research on the length of prison sentences and recidivism, and the factors that promote offender rehabilitation. Ms. Thompson addressed issues discussed during earlier testimony, and the harshness of certain mandatory sentences.





03:31 PM



Ms. Thompson responded to questions regarding a fact pattern with a complicated sentencing scheme for the crimes covered by SB 16-051, and disparate treatment for victims who were subject to similar crimes under the bill. Ms. Thompson responded to further questions regarding the potential for the bill to create sentencing parity among various judicial districts. Discussion ensued regarding how sentences are adjusted by the court.





03:46 PM



The committee recessed.





03:51 PM



The committee returned to order. Representative Dore explained the effect of amendment L.006 (Attachment A). Discussion ensued regarding a fact pattern that may be associated with the amendment, and the seriousness of escape crimes as compared to the other crimes covered by the bill.



16HouseJud0315AttachA.pdf

03:59 PM



Representative Melton provided closing remarks in support of SB 16-051. Various committee members provided their positions on the bill.

04:23 PM



The committee adjourned.