H_JUD_2017A 04/20/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 04/20/2017 |
ATTENDANCE
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| Time: | 01:40 PM to 02:55 AM |
Benavidez
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X
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Carver
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X
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| Place: | RM 271 |
Foote
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X
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Herod
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X
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| This Meeting was called to order by |
Lundeen
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X
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| Representative Lee |
Melton
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X
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Weissman
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X
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| This Report was prepared by |
Willett
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X
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| Bo Pogue |
Wist
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X
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Salazar
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X
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Lee
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB17-1302 HB17-1064 HB17-1322 HB17-1326 HB17-1313 HB17-1329 HB17-1331 |
Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to House Appropriations Witness Testimony and/or Committee Discussion Only Amended, Referred to House Appropriations Amended, Referred to the Committee of the Whole |
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01:40 PM -- HB17-1064
The committee was called to order. A quorum was present. Representative Willett, prime sponsor, presented House Bill 17-1064, concerning creating the crime of misuse of electronic images by a juvenile. The committee heard testimony on the bill at its April 11 meeting. The committee heard in tandem House Bill 17-1302, concerning matters relating to sexually explicit images of a juvenile.
01:43 PM -- HB17-1302
Representatives Lee and Willett explained the effect of amendment L.011 (Attachment A), a strike-below amendment.
17HouseJud0420AttachA.pdf
01:57 PM
The committee continued to discuss amendment L.011, posing certain fact patterns that may be affected by the amendment. Ms. Maureen Cain, representing the Office of the State Public Defender, provided clarification on the effect of the amendment in certain circumstances.
02:07 PM
Ms. Cain continued to clarify the effect of amendment L.011.
| BILL: | HB17-1302 | |
| TIME: | 01:43:58 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.011 (Attachment A). The motion passed without objection. | |
| SECONDED: | Willett | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:09 PM
Various committee members provided their input on HB 17-1302. Representatives Lee and Willett provided closing remarks in support of the bill.
| BILL: | HB17-1302 | |
| TIME: | 02:10:30 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1302, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Willett | |
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VOTE
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Benavidez
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Yes
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Carver
|
Yes
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|
|
Foote
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Yes
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|
|
Herod
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Yes
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|
|
Lundeen
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Yes
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|
|
Melton
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Yes
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|
|
Weissman
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Yes
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|
Willett
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Yes
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|
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Wist
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Yes
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Salazar
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Yes
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|
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:33 PM -- HB17-1064
| BILL: | HB17-1064 | |
| TIME: | 02:34:08 PM | |
| MOVED: | Willett | |
| MOTION: | Postpone House Bill 17-1064 indefinitely. The motion passed on a vote of 11-0. | |
| SECONDED: | Lee | |
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VOTE
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Benavidez
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Yes
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Carver
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Yes
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|
Foote
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Yes
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|
|
Herod
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Yes
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|
|
Lundeen
|
Yes
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|
|
Melton
|
Yes
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|
|
Weissman
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Yes
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|
|
Willett
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Yes
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|
|
Wist
|
Yes
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|
|
Salazar
|
Yes
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|
|
Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:35 PM
The committee recessed.
02:39 PM -- HB17-1322
The committee came back to order. Representatives Esgar and Landgraf, prime sponsors, presented House Bill 17-1322, concerning an exception to the requirement that certain medical professionals report to law enforcement concerning injuries resulting from domestic violence. The following persons testified regarding HB 17-1322:
02:44 PM -- Ms. Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Miller discussed the importance of domestic violence victims making their own decisions, and cited some statistics on the unintended consequences of domestic violence reporting requirements.
02:52 PM -- Ms. Jennifer Bishara, representing herself, testified in support of the bill. Ms. Bishara recounted some personal experiences pointing to the failures of mandatory domestic violence reporting requirements under certain circumstances.
02:57 PM -- Mr. Tim Johnson, representing the Colorado District Attorneys' Council, testified in opposition to HB 17-1322. Mr. Johnson discussed the rate of domestic violence, and provided background on the creation of mandatory reporting laws for domestic violence. He explained some deficiencies in the bill. Mr. Johnson responded to questions regarding interfering with the decision-making process of victims.
03:07 PM
Mr. Johnson responded to questions regarding the rate at which mandatory reporting laws are triggered in domestic violence cases, and how law enforcement operates on domestic violence cases when the victim refuses to cooperate. Discussion ensued regarding potential liability for domestic violence mandatory reporters.
03:21 PM
Discussion ensued regarding the reasons behind reporting requirements for various evidence presentations, from domestic violence to sexual assault to gunshot wounds. Mr. Johnson responded to questions regarding the ability of mandatory reporters to make visual determinations of domestic violence.
03:30 PM -- Dr. Cory Carroll, representing the Colorado Academy of Family Physicians, testified in support of the bill. Dr. Carroll discussed the importance of listening to patients, and explained how the bill would create a safer environment. Dr. Carroll responded to questions regarding his position on making reporting potential domestic violence by the medical community optional, as opposed to prohibiting such reporting. Discussion ensued regarding the intent of the legislation.
03:43 PM
Discussion ensued regarding certain ethical considerations for doctors as they pertain to mandatory reporting of domestic violence, and the training received by medical professionals to satisfy new reporting laws.
03:49 PM -- Ms. Adrian Van Nice, representing the Twentieth Judicial District, testified in opposition to the bill. Ms. Van Nice explained that mandatory reporting is not intended to remove decision-making from victims, and catalogued the prohibitions in the bill. She discussed the damage caused by domestic violence, and the benefits of reporting it. Discussion ensued regarding the research surrounding domestic violence mandatory reporting, and the optional nature of HB 17-1322.
04:01 PM -- Ms. Meghan Matthews, representing herself, testified in support of the bill. She discussed her research on the effect of existing mandatory reporting laws, such laws in other states, and the impact on victims of domestic violence. Ms. Matthews responded to questions concerning Colorado domestic violence reports and those in other states, and resources available for domestic violence victims in rural Colorado.
04:11 PM -- Ms. Amy Pohl, read the testimony of Jenna Farley, representing the Women's Lobby of Colorado, in support of the bill.
04:14 PM -- Ms. Maralee McLean, representing Moms Fight Back, testified in support of the bill. She discussed the experience of domestic violence victims seeking assistance. Ms. McLean responded to committee questions concerning the bill's mandatory reporting requirements.
04:19 PM -- Ms. Brie Franklin, representing the Colorado Coalition Against Sexual Assault (CCASA), testified in support of bill. She explained the results of a study by CCASA of existing Colorado law concerning sexual assault reporting. She discussed the historical progression of laws concerning marital rape.
04:23 PM -- Douglas County Sheriff Tony Spurlock, representing himself, testified in support of the bill. He discussed the treatment of victims of domestic violence, and stated that the bill should be viewed as a victim's assistance bill and not a tool for prosecution. Sheriff Spurlock also discussed the relationship between victims and physicians. Representative Weismann commented.
04:28 PM -- Ms. Shelby Ramirez Martinez, representing the Colorado Coalition Against Domestic Violence and 9 to 5 Colorado, testified in support of the bill. She discussed her experience as a victim of domestic violence, including avoiding medical treatment due to concerns over whether law enforcement would be notified of the incident.
04:32 PM -- Ms. Kelsey MacKenzie, representing Advocates of Lake County, testified in support of the bill. Ms. MacKenzie, discussed her experiences representing those who did not want mandatory domestic violence reporting to be triggered. She responded to questions regarding confidentiality requirements in her profession.
04:38 PM -- Ms. Nanette Chezum, representing herself, testified in support of the bill. Ms. Chezum discussed the unintended consequences of mandatory reporting requirements.
04:40 PM -- Ms. Lisa Battan, representing herself, testified in support of the bill. Ms. Battan discussed reporting requirements associated with her profession, and instances where domestic violence victims have been harmed as a result of reporting requirements. She explained how the bill will help victims to help themselves.
04:44 PM -- Ms. Barb Paradiso, representing herself, testified in support of HB 17-1322. She discussed issues that various stakeholders have with mandatory reporting of domestic violence. Ms. Paradiso responded to questions regarding the training received by medical professionals on responding to domestic violence.
04:50 PM -- Ms. Carolyn MacCloud, representing herself, testified in support of the bill. Ms. MacCloud read a statement from a victim of domestic violence.
04:52 PM -- Ms. Tara Koumantakis, representing Project Safeguard, testified in support of the bill. Ms. Koumantakis related her experiences in working with victims of domestic violence who are not receiving support through the system, and thus do not want to trigger mandatory reporting.
04:57 PM -- Ms. Jennifer Eyl, representing the Rocky Mountain Children's Law Center, testified in support of the bill. Ms. Eyl explained that the bill would allow domestic violence victims to seek medical attention without involving law enforcement against their wishes.
05:02 PM -- Ms. Sherry Lynn Boyles, representing TESSA, testified in support of HB 17-1322. Ms. Boyles explained how state mandatory reporting laws run contrary to training provided to medical professionals by her organization, and discussed the actions of law enforcement when mandatory reporting is triggered. She discussed recent data on mandatory reporting. Ms. Boyles responded to questions regarding the mechanics of mandatory reporting for domestic violence.
05:08 PM -- Ms. Veronica Horn, representing SPAN, testified in support of the bill. Ms. Horn read a statement discussing the complex issues surrounding mandatory reporting for domestic violence.
05:14 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski addressed questions and assertions raised during earlier testimony. Ms. Waligorski responded to questions regarding HB 17-1322 and changes to mandatory reporting law adopted during the 2015 legislative session. Ms. Waligorski responded to further questions regarding domestic violence training for medical professionals, and the treatment of sexual assault for mandatory reporting purposes under current law.
05:28 PM
Discussion ensued regarding the efficacy of mandatory interventions for domestic violence, and the efficacy of these interventions in general.
05:35 PM -- Mr. Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill. Mr. Shackelford discussed some unintended consequences for seniors of mandatory reporting of potential domestic violence by medical professionals.
05:38 PM
Representative Esgar explained the effect of amendment L.006 (Attachment B). Discussion ensued regarding certain technical and substantive aspects of the amendment. Mr. Richard Sweetman, Office of Legislative Legal Services, provided input on these issues.
17HouseJud0420AttachB.pdf
| BILL: | HB17-1322 | |
| TIME: | 05:42:29 PM | |
| MOVED: | Weissman | |
| MOTION: | Adopt amendment L.006 (Attachment B). The motion passed on a vote of 9-2. | |
| SECONDED: | Lee | |
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VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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No
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Wist
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No
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Salazar
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Yes
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Lee
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Yes
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | HB17-1322 | |
| TIME: | 05:42:51 PM | |
| MOVED: | Weissman | |
| MOTION: | Amend amendment L.006, page 1, line 7, after "and", insert "3 and". The motion passed without objection. | |
| SECONDED: | Lee | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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05:56 PM
Various committee members provided their positions on HB 17-1322. Representatives Esgar and Landgraf provided closing remarks in support of the bill.
| BILL: | HB17-1322 | |
| TIME: | 05:57:05 PM | |
| MOVED: | Weissman | |
| MOTION: | Refer House Bill 17-1322, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. | |
| SECONDED: | Lee | |
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VOTE
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Benavidez
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No
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Carver
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Yes
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Foote
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No
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Herod
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Yes
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Lundeen
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Yes
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|
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Melton
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Yes
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|
Weissman
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Yes
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Willett
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No
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Wist
|
No
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Salazar
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Yes
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Lee
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Yes
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Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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06:09 PM
The committee recessed.
06:17 PM -- HB17-1326
The committee came back to order. Representative Lee, sponsor, presented House Bill 17-1326, concerning creation of the justice reinvestment crime prevention initiative. The bill makes several changes to the procedures surrounding parole and creates the Justice Reinvestment Crime Prevention Initiative in the Department of Local Affairs (DOLA). The bill also changes the parole revocation terms and conditions for cases where a parolee violates any condition of parole not involving the commission of a crime; reduces the maximum time a revoked parolee can be held in the preparole release and revocation facility from 180 days to 90 days; and requires the Department of Corrections (DOC) to conduct a parole plan investigation prior to the parole hearing and allows the Parole Board to table the parole decision if a parole plan is inadequate. On and after July 1, 2017, DOLA must develop and implement the initiative to expand small business lending in the target communities. On or before August 1, 2017, it must issue a request for participation and select one or more nondepository community development financial institution loan funds to participate in the initiative. The bill also requires DOLA to develop and implement a grant program to provide funding to eligible entities for programs, projects, or direct services aimed at reducing crime in the target communities of north Aurora and southeast Colorado Springs. The program sunsets in September 2020.
06:23 PM -- Ms. Christie Donner, Executive Director, Colorado Criminal Justice Reform Coalition, testified in support of the bill and distributed a position paper in support of the bill (Attachment C).
17HouseJud0420AttachC.pdf
06:31 PM -- Mr. Roger Przybylski, RKC Group, testified in support of the bill and discussed parole reform and the reduction of recidivism. Mr. Pryzbylski also discussed caps on the time of incarceration after a parole violation. Mr. Pryzbylski responded to questions from the committee regarding the grant program created in the bill and how similar programs have operated in other areas.
06:52 PM
Ms. Donner responded to questions from the committee regarding technical parole violations and the compensation of parolees. Ms. Donner responded to questions regarding the amount of parolees in the state. Representative Lee also responded to questions regarding the bill. Committee discussion ensued.
07:03 PM -- Mr. Hassan Latif, Second Chance Center, testified in support of the bill and discussed the benefits that the Second Chance Center provides to parolees. Mr. Latif responded to questions from the committee regarding the work of the Second Chance Center and how the bill would help his organization. He also explained how his organization is funded, noting that most of the funding comes from grants and community donations. He also explained the differences between community correction facilities and the Second Chance Center.
07:27 PM -- Mr. Richard Morales, Latino Coalition for Community Leadership, testified in support of the bill and discussed community, faith-based organizations and their impact on communities. Mr. Morales responded to questions regarding the proposal process that community organizations go through in order to receive funding.
07:34 PM -- Ms. Sharletta Evans, representing the Victim Offender Mitigation Initiative, testified in support of the bill.
07:37 PM -- Mr. Justin Cooper, Colorado Justice Reform Coalition, testified in support of the bill. Mr. Cooper responded to questions from the committee regarding effective services that can reduce crime, such as access to housing and opportunities for community advancement.
07:48 PM -- Reverend Tammy Garrett-Williams, representing the ABOVE Waters Project, testified in support of the bill.
07:52 PM -- Bishop Jerry Demmer, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill.
07:55 PM -- Pastor Taj Stokes, Thrive! Colorado Springs, testified in support of the bill and responded to questions from the committee.
08:06 PM -- Mr. Jeriah Walker, representing himself, testified in support of the bill.
08:08 PM -- Mr. Anthony Perez, representing the Colorado Springs Hispanic Business Council, testified in support of the bill.
08:14 PM -- Ms. Jeannie Orozco, representing herself, testified in support of the bill.
08:16 PM -- Ms. Mina Liebert, El Paso County Public Health, testified in support of the bill.
08:21 PM -- Ms. Gwen Bonilla, Accion, testified in support of the bill and responded to questions from the committee regarding the loans her organization issues to community organizations.
08:24 PM -- Ms. Alex Wise, Community Enterprise Development Services, testified in support of the bill and responded to questions from the committee regarding the loans her organization issues to community organizations.
08:48 PM -- Mr. Christiano Sosa, Director of Capacity Building and Collective Philanthropy, Denver Foundation, testified in support of the bill and responded to questions from the committee.
08:57 PM -- Mr. Jim Freeman, Grassroots Action Support Team, testified in support of the bill and distributed statistics regarding mass incarceration in the state (Attachment D). Mr. Freeman responded to questions from the committee regarding similar legislation in other states.
17HouseJud0420AttachD.pdf
09:11 PM
Representative Lee moved and explained Amendment L.001 (Attachment E).
17HouseJud0420AttachE.pdf
| BILL: | HB17-1326 | |
| TIME: | 09:11:25 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.001 (Attachment E). The motion passed without objection. | |
| SECONDED: | Herod | |
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VOTE
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Benavidez
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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Rep. Lee moved and explained Amendment L.002 (Attachment F).
17HouseJud0420AttachF.pdf
09:12 PM
Ms. Amanda Hayden, Legislative Council Staff, explained Amendment L.002 and responded to questions from the committee regarding the amendment. Representative Lee also responded to questions from the committee regarding the amendment. Committee discussion ensued.
| BILL: | HB17-1326 | |
| TIME: | 09:25:49 PM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.002 (Attachment F). The motion passed on a vote of 7-4. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Yes
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|
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Carver
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No
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Foote
|
Yes
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|
|
Herod
|
Yes
|
|
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Lundeen
|
No
|
|
|
Melton
|
Yes
|
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|
Weissman
|
Yes
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Willett
|
No
|
|
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Wist
|
No
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|
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Salazar
|
Yes
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|
|
Lee
|
Yes
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YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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09:26 PM
Representative Lee made concluding comments on the bill and committee discussion ensued.
| BILL: | HB17-1326 | |
| TIME: | 09:50:19 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1326, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4. | |
| SECONDED: | Melton | |
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VOTE
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|
Benavidez
|
Yes
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|
|
Carver
|
No
|
|
|
Foote
|
Yes
|
|
|
Herod
|
Yes
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
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Willett
|
No
|
|
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Wist
|
No
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
|
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Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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09:51 PM
The committee recessed.
10:00 PM -- HB17-1313
The committee returned to order. Representatives Herod and Humphrey, co-prime sponsors, presented House Bill 17-1313, concerning civil forfeiture reform. The bill makes various statutory changes related to the civil forfeiture process. The bill requires the director of the Department of Local Affairs (DOLA) to establish a form for law enforcement agencies, prosecutors, and multijurisdictional task forces (seizing agencies) to use in submitting to DOLA biannual reports containing specified information on seizures through which the seizing agencies received proceeds from a forfeiture and the use of the proceeds. Based on the reports, DOLA is to post on its website a searchable database that includes the information contained in the biannual reports and a summary report of the information. Seizing agencies are required to submit the biannual reports containing information known to the agency by specified dates, and the director of DOLA may issue civil penalties for failure to file or late filing of the reports. The bill directs the executive director of DOLA to submit an annual report to the Governor, Attorney General, and House and Senate Judiciary Committees on seizure and forfeiture activity in the state. The bill also prohibits seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate net equity value of the property and currency seized in the case is more than $50,000 and the federal government commences a forfeiture proceeding that relates to a filed criminal case. Representative Herod distributed a letter of support from Denver District Attorney Beth McCann (Attachment G). Representatives Herod and Humphrey distributed Amendment L.002 (Attachment H), Amendment L.003 (Attachment I), Amendment L.004 (Attachment J), Amendment L.010 (Attachment K), and Amendment L.011 (Attachment L).
17HouseJud0420AttachG.pdf 17HouseJud0420AttachH.pdf
17HouseJud0420AttachI.pdf 17HouseJud0420AttachJ.pdf
17HouseJud0420AttachK.pdf 17HouseJud0420AttachL.pdf
Representatives Herod and Humphrey responded to questions from the committee regarding the bill.
10:19 PM -- Mr. Tom Raynes, Executive Director, Colorado District Attorneys' Council, testified in support of the bill and discussed asset forfeiture practices.
10:30 PM -- Mr. Scott Turner, Attorney General's Office, testified in support of the bill.
10:37 PM
Mr. Raynes and Mr. Turner responded to questions from the committee regarding forfeiture procedures and state and federal government practices. Mr. Raynes further responded to questions regarding the reporting requirements of the bill. Mr. Turner clarified at what point a federal agency acts as the main seizing agent and when state seizing agencies step in. Committee discussion ensued.
10:56 PM -- Mr. Mike Rankin, Colorado Bureau of Investigation (CBI), testified in opposition to the bill. He discussed CBI's forfeiture procedures and the work that CBI conducts under the purview of the Department of Justice.
11:00 PM -- Deputy Chief Mark Savage, Colorado State Patrol, testified in opposition to the bill and discussed civil forfeiture practices in the state.
11:03 PM -- Mr. Stan Hilkey, Executive Director, Colorado Department of Public Health and Safety, testified in opposition to the bill and expressed concern for the threshold established in the bill.
11:13 PM
Mr. Hilkey, Deputy Chief Savage, and Mr. Rankin responded to questions from the committee regarding the impact on local agencies of civil seizure.
11:17 PM -- Ms. Rose Pugliese, Mesa County Commissioner, testified in opposition to the bill and explained how the bill could impact rural communities.
11:21 PM -- Mr. Richard Orf, Associated Governments of Northwest Colorado, testified in opposition to the bill.
11:23 PM -- Ms. Meghan Dollar, Colorado Municipal League, testified in opposition to the bill, specifically in regard to fines that would be levied on law enforcement agencies for not meeting the reporting requirements in the bill.
11:26 PM
Ms. Pugliese responded to questions from the committee regarding the funds that rural communities receive from the seizure of assets. Ms. Dollar responded to questions regarding the levying of fines on local agencies.
11:30 PM -- Sheriff Tony Spurlock, Douglas County Sheriff representing the County Sheriffs of Colorado, testified in opposition to the bill.
11:34 PM -- Sheriff Bruce Hartman, Gilpin County Sheriff representing the County Sheriffs of Colorado, testified in opposition to the bill.
11:40 PM -- Mr. Ron Sloan, Colorado Association of Chiefs of Police, testified in opposition to the bill.
11:41 PM -- Mr. Sean Harper, Fraternal Order of Police, testified in opposition to the introduced version of the bill, but would support an amended version of the bill.
11:45 PM
Mr. Sloan responded to questions from the committee.
11:48 PM -- Chief Pete Carey, Colorado Springs, testified in opposition to the bill, but stated he would support the bill with amendments
11:51 PM -- Ms. Amanda Terrell-Orr, Colorado Springs Police Department, testified in opposition to the bill.
11:57 PM -- Mr. Thor Eells, Colorado Springs Police Department, testified in opposition to the bill.
11:58 PM -- Mr. Paul Avelar, Institute of Justice, testified in support of the bill.
12:01 AM -- Ms. Denise Maes, American Civil Liberties Union, testified in support of the bill. Ms. Maes responded to questions from the committee.
12:11 AM
Mr. Avelar and Ms. Maes responded to questions from the committee regarding the allocation of the moneys collected from asset forfeiture.
12:25 AM -- Mr. Tim Quinn, Colorado Bar Association, testified in support of the bill.
12:26 AM -- Mr. Bennett Rutledge, representing himself, testified in support of the bill.
12:29 AM -- Mr. Bruce Eisenhauer, DOLA, testified in opposition to the bill as introduced.
12:30 AM -- Ms. Cindy Sovine-Miller, Drug Policy Alliance, testified in support of the bill.
12:31 AM -- Mr. Matthew Kahl, representing VNR, testified in support of the bill.
12:33 AM
The chair laid over HB 17-1313 to Tuesday, April 27.
12:34 AM
The committee recessed.
12:43 AM -- HB17-1329
The committee came back to order. Representatives Lee and Landgraf presented House Bill 17-1329, concerning the treatment of youths within the Division of Youth Corrections (DYC) within the Department of Human Services (DHS). It changes the name of DYC to the Division of Youth Services and redefines the purpose of DYC. It requires DYC, on and after January 1, 2018, to implement a pilot program to aid in the creation of a division-wide therapeutic and rehabilitative culture. The pilot program has a repeal date of July 1, 2021. As part of the pilot program, DYC must provide treatment to at least 20 committed youth, divided into groups of no more than 12. Staff and youth must be assigned to teams that remain throughout the program. Staff assigned to the program must have specific training and may not be assigned solely as security staff.
12:45 AM -- Mr. Anders Jacobson, Executive Director, DYC, testified in opposition to the introduced version of the bill, but stated that the department would support the bill with amendments. Mr. Jacobson responded to questions from the committee.
12:59 AM
Representatives Landgraf and Lee made comments regarding the bill. Representative Lee responded to questions from the committee.
01:21 AM -- Ms. Ann Roan, Office of the State Public Defender, testified in support of the bill and discussed her experience in defending juveniles placed in DYC.
01:26 AM -- Mr. Jerry Agee, a former DYC director representing himself, testified in support of the bill and discussed his experience in being a director of DYC.
01:30 AM -- Mr. Jerry Adamek, a former DYC director representing himself, testified in support of the bill. Mr. Adamek responded to questions from the committee.
01:35 AM -- Mr. John Riley, a former DYC director representing himself, testified in support of the bill.
01:46 AM -- Mr. Chris Diaz, representing himself, testified in support of the bill and discussed his son's experience in DYC.
01:49 AM -- Mr. Mark Ivandick, Disability Law Colorado, testified in support of the bill.
01:54 AM -- Ms. Carrie Thompson, Colorado Criminal Defense Bar, testified in support of the bill.
01:56 AM -- Ms. Becca Curry, ACLU, testified in support of the bill and read a letter from a juvenile who is currently being held in Lookout Mountain Youth Services Center.
01:59 AM -- Ms. Marijo Rymer, Arc of Colorado, testified in support of the bill.
02:01 AM -- Ms. Kathleen Hynes, representing herself, testified in support of the bill.
02:07 AM -- Ms. Linda Weinerman, Director, Office of the Child's Representative, testified in support of the bill.
02:09 AM -- Ms. Andrea Wilkins, League of Women Voters, testified in support of the bill.
02:12 AM -- Ms. Denise Maes, ACLU, testified in support of the bill.
02:14 AM -- Ms. Rebecca Wallace, Policy Council, ACLU, testified in support of the bill. Ms. Wallace responded to questions from the committee regarding the administrative structure of DYC and DHS.
02:28 AM
Representative Lee moved Amendment L.001 (Attachment M), Amendment L.005 (Attachment N), which amends Amendment L.001, and Amendment L.003 (Attachment O).
17HouseJud0420AttachM.pdf 17HouseJud0420AttachN.pdf
17HouseJud0420AttachO.pdf
| BILL: | HB17-1329 | |
| TIME: | 02:28:42 AM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.005 (Attachment N). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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|
Benavidez
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||
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Carver
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Foote
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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||
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Lee
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||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB17-1329 | |
| TIME: | 02:29:02 AM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.001 (Attachment M. The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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||
|
Benavidez
|
||
|
Carver
|
||
|
Foote
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||
|
Herod
|
||
|
Lundeen
|
||
|
Melton
|
||
|
Weissman
|
||
|
Willett
|
||
|
Wist
|
||
|
Salazar
|
||
|
Lee
|
||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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||
| BILL: | HB17-1329 | |
| TIME: | 02:29:41 AM | |
| MOVED: | Lee | |
| MOTION: | Adopt amendment L.003 (Attachment O). The motion passed without objection. | |
| SECONDED: | Salazar | |
|
VOTE
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||
|
Benavidez
|
||
|
Carver
|
||
|
Foote
|
||
|
Herod
|
||
|
Lundeen
|
||
|
Melton
|
||
|
Weissman
|
||
|
Willett
|
||
|
Wist
|
||
|
Salazar
|
||
|
Lee
|
||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:31 AM
The committee recessed.
02:33 AM
The committee came back to order. The committee made comments regarding the bill. Representatives Landgraf and Lee made concluding comments on the bill.
| BILL: | HB17-1329 | |
| TIME: | 02:41:26 AM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 17-1329, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Herod | |
|
VOTE
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||
|
Benavidez
|
Yes
|
|
|
Carver
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Herod
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
|
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:42 AM -- HB17-1331
Representative Lebsock, sponsor, presented House Bill 17-1331, concerning protecting Colorado citizens who are engaged in an act that is protected by the Colorado Constitution from outside agencies.
02:45 AM -- Mr. Matthew Kahl, representing VNR, testified in support of the bill.
02:47 AM -- Cindy Sovine-Miller, representing the Drug Policy Alliance, testified in support of the bill.
02:48 AM
Representative Lebsock distributed Amendment L.001 (Attachment P) and explained the amendment to the committee.
17HouseJud0420AttachP.pdf
| BILL: | HB17-1331 | |
| TIME: | 02:50:21 AM | |
| MOVED: | Herod | |
| MOTION: | Adopt amendment L.001 (Attachment P). The motion passed without objection. | |
| SECONDED: | Wist | |
|
VOTE
|
||
|
Benavidez
|
||
|
Carver
|
||
|
Foote
|
||
|
Herod
|
||
|
Lundeen
|
||
|
Melton
|
||
|
Weissman
|
||
|
Willett
|
||
|
Wist
|
||
|
Salazar
|
||
|
Lee
|
||
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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Representative Lebsock made concluding comments on the bill.
| BILL: | HB17-1331 | |
| TIME: | 02:54:26 AM | |
| MOVED: | Herod | |
| MOTION: | Refer House Bill 17-1331, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3. | |
| SECONDED: | Wist | |
|
VOTE
|
||
|
Benavidez
|
No
|
|
|
Carver
|
No
|
|
|
Foote
|
Yes
|
|
|
Herod
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Weissman
|
Yes
|
|
|
Willett
|
No
|
|
|
Wist
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Lee
|
Yes
|
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Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:55 AM
The committee adjourned.