h_jud_2016a_2016-05-05t14:14:16z3 Hearing Summary

Date: 05/05/2016

10:56 PM -- SB16-180



The committee returned to order. Representatives Kagan and Ransom, prime sponsors, presented Senate Bill 16-180, concerning a specialized program within the Department of Corrections (DOC) for certain offenders who were convicted as adults for offenses they committed as juveniles. Representative Ransom explained the effect of the bill and discussed its need. Representative Kagan provided input on the need for the legislation.





11:08 PM



Representative Kagan continued to discuss the merits of SB 16-180. Representative Kagan responded to questions regarding the creation of privileges for certain inmates by SB 16-180, and the types of facilities that the DOC would utilize to conduct the program created by the bill. Discussion ensued regarding the selection process for the program, and the age group to which the bill applies. The following persons testified regarding SB 16-180:



11:25 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, and Mr. Scott Turner, representing the Attorney General's Office, testified in opposition to the bill. Mr. Raynes objected to the fact that the program created by the bill is available to those convicted of a class 1 felony murder, and the undermining of judicial discretion by the bill. Mr. Raynes also raised concerns about certain presumptive language in the bill. Mr. Turner discussed the vague language of the bill, and spoke in favor of mandating certain restorative justice programs. Discussion ensued regarding the prerogative of the DOC to create structure for the program initiated by the bill, and potential separation-of-powers issues with the bill.



11:38 PM -- Mr. Travis Trani, representing the DOC, testified on the bill from a neutral perspective. Mr. Trani discussed certain reforms undertaken by the DOC, and the types of programming to be conducted by the program created under the bill. Mr. Trani responded to questions regarding the ability of the DOC to operate the program without explicit statutory instruction, and the population to be served by the program. Discussion ensued regarding DOC's elimination of administrative segregation. Mr. Trani responded to questions regarding the uniqueness of the program among the states.



11:49 PM -- Pastor Madlyn Tombs, representing New Life Christian Center, testified in support of the bill. Pastor Tombs recounted the impact of a crime committed by a family member, and spoke of redemption and forgiveness. She discussed the strides made by her family member in prison.



11:54 PM -- Mr. Sean Taylor, representing the Second Chance Center, testified in support of the bill. Mr. Taylor discussed services that will be provided by his organization for those selected to participate in the program created by the bill, and the successes experienced by his organization.



11:57 PM -- Ms. Jennifer Jones, representing herself, testified in support of the bill. Ms. Jones discussed the sentencing of her brother for a crime he committed when he was a juvenile, and the successes he has experienced while incarcerated. Ms. Jones discussed certain legal barriers that have prevented restorative justice in her brother's case.



12:01 AM -- Mr. Ezra Aldern, representing himself, testified in support of SB 16-180. Mr. Aldern discussed the murder of his mother by his father, and his subsequent forgiveness of his father. He spoke in support of a second chance for his father, and discussed his work with incarcerated individuals.



12:05 AM -- Mr. Ryan Smith, representing his client Josiah, testified in support of the bill. Mr. Smith discussed successes experienced by his client while incarcerated. Ms. Hillary Vervalin, representing herself, testified in support of the bill. Ms. Vervalin discussed her work with certain incarcerated clients who have experienced successes while incarcerated. Ms. Vervalin responded to questions regarding how she and Mr. Smith are assigned their incarcerated clients, and how often they work with these clients. Discussion ensued regarding the potential for these clients to present a societal threat. Ms. Maya DeNola, representing herself, discussed incarcerated clients she has worked with as a social worker. Discussion followed regarding the impact of lengthy prison sentences on the ability of those sentenced as juveniles to become productive members of society.



12:14 AM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill.



12:17 AM -- Ms. Jeannette Holtham, representing the Restorative Justice Center, testified in support of SB 16-180. Ms. Holtham discussed the merits of restorative justice. Ms. Holtham responded to questions regarding the potential for the incarcerated individuals with whom she has worked to create a threat to public safety if released.



12:20 AM -- Ms. Karen Lausa, representing the Words Beyond Bars program, testified in support of the bill. Ms. Lausa discussed the successes realized by her organization's work with inmates.



12:24 AM -- Ms. Debbie Stafford, representing herself, testified in support of the bill. Ms. Stafford discussed her experiences working with inmates in "step-down" programs.



12:27 AM -- Ms. Suzanne Carter, representing herself, testified in support of the bill. Ms. Carter discussed the benefits of rehabilitating individuals, and recovery.



12:32 AM -- Ms. Carol Johann and Mr. Joe Johann, representing their daughter, testified in support of the bill. Ms. Johann discussed successes experienced by her daughter while incarcerated, and the counterproductive nature of the lengthy sentence she received as a juvenile.



12:37 AM -- Mr. Jeremy Schupbach, representing the Colorado Bar Association, testified in support of the bill. Mr. Schupbach responded to questions regarding the population of his organization, and the sections within his organization that reviewed the bill.



12:40 AM -- Ms. Mandy Koss, representing herself, testified in support of SB 16-180. Ms. Koss discussed her work with offenders.



12:46 AM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Institute, testified in support of the bill. Ms. Cain discussed past efforts to pass juvenile parole legislation and create an associated program for reentry, and the criteria that offenders must meet to participate in the program created by the bill. Ms. Cain addressed questions raised during previous discussion, and discussed the types of crimes that might be subject to relief under the bill and SB 16-181. Discussion ensued regarding the age and sentencing thresholds for participation in the program created by SB 16-180.





01:01 AM



Ms. Cain responded to questions regarding the special nature of the program created by SB 16-180, and concerns raised about the bill during previous testimony.





01:05 AM



Representative Kagan explained the effect of amendment L.014 (Attachment E).



16HouseJud0505AttachE.pdf

01:09 AM



Representative Kagan explained the effect of amendment L.015 (Attachment F). Discussion ensued regarding the position of the Attorney General's Office on the amendment.



16HouseJud0505AttachF.pdf

01:14 AM



Representative Willett explained the effect of amendment L.018 (Attachment G). Representative Kagan objected to the amendment. Discussion ensued regarding the merits of the amendment.



16HouseJud0505AttachG.pdf



01:40 AM



Representative Foote explained the effect of amendment L.017 (Attachment H). Representative Kagan expressed opposition to the amendment.



16HouseJud0505AttachH.pdf

01:55 AM



Representatives Kagan and Ransom provided closing remarks in support of SB 16-180. Various committee members provided their positions on the bill.

02:00 AM



The committee recessed.