H_JUD_2018A 03/22/2018 01:37:08 PM Committee Summary

The committee recessed.

The committee returned to order. Representatives Hooton and Van Winkle, prime sponsors, presented Senate Bill 18-055, concerning the Crimes Against Children Surcharge in cases involving trafficking of children.  Committee members received a fact sheet on the bill, prepared by Andi Leopoldus (Attachment B). Representative Van Winkle introduced the bill and explained its effect. Representative Hooton discussed the need for the legislation. Representative Van Winkle responded to questions regarding the ability of courts to collect the Crimes Against Children Surcharge from offenders. Discussion ensued on this point.

Ms. Sarah Bhagwandin, representing the Colorado Women's Bar Association, testified in support of the bill. Ms. Bhagwandin spoke in support of amendment L.002 (Attachment C). Discussion ensued regarding the ability to collect the bill's surcharge from offenders, and the burden of proof for documenting indigency on the part of offenders.

Ms. Diana Goldberg, representing the Colorado Children's Alliance, testified in support of SB 18-055. Ms. Goldberg explained how the bill will assist exploited children. Ms. Goldberg responded to questions regarding how her organization handles cases where children have been victims of human trafficking, and noted the amount of money transferred to service organizations from the Crimes Against Children Surcharge. She responded to further questions regarding the funding sources for her organization, and the efficiency of her organization in serving clients.

Ms. Goldberg responded to questions regarding the order in which various surcharges are collected from an offender.

Mr. Jeff Hunt, representing Colorado Christian University, testified in support of SB 18-055. Mr. Hunt discussed the types of crimes associated with the bill's surcharge. Mr. Hunt responded to questions regarding the work that the university undertakes in the area of human trafficking.

Mr. Chris Creighton, Legislative Council Staff, responded to questions regarding the fiscal impact of SB 18-055. Representative Van Winkle reiterated the intent of the legislation. Discussion ensued regarding the amount of money generated by the Crimes Against Children Surcharge.

Ms. Andi Leopoldus, representing several children's advocacy centers, testified on SB 18-055. She provided an overview of the funding arrangements for these centers.

Representative Hooton responded to questions regarding the source and intent of amendment L.002.

Ms. Sara Odendahl, representing the Colorado Women's Bar Association, explained the intent of amendment L.002, and responded to questions regarding codifying indigency instead of using current judicial practice. Mr. Richard Sweetman, Office of Legislative Legal Services, responded to questions regarding the effect of the amendment on an indigency determination.

Discussion ensued regarding the scope of funding collection under SB 18-055. Chairman Lee laid the bill over for future action.

The committee was called to order. A quorum was present. Representative McKean, prime sponsor, presented Senate Bill 18-122, concerning clarifying that certain deputy sheriffs may serve without attaining certification from the Peace Officer Standards and Training Board.  Committee members received a relevant passage of state statute (Attachment A).  Representative McKean explained the effect of the bill and discussed its need. Representative McKean responded to questions regarding the duties of non-certified deputy sheriffs under the bill, and the position of stakeholders on the legislation.  The chair laid over SB 18-122.

Representatives Van Winkle and Bridges, co-prime sponsors, presented Senate Bill 18-068, concerning criminalizing false reports. Representative Van Winkle explained the concept of swatting, and discussed the need for the bill. Representative Bridges provided further input on swatting. Representative Bridges responded to questions regarding the typical age of a swatting victim. Discussion ensued regarding amendment L.001 (Attachment D), and the potential for new language in the bill to be duplicitous of current law.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of SB 18-068. Mr. Lane discussed the nature of the activities addressed by the bill, and the need to criminalize these activities. Mr. Lane responded to questions regarding why the activities, if resulting in death, could not be prosecuted as reckless manslaughter, and certain language in the bill concerning proximate cause. Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Gorman addressed certain language pertaining to bodily injury. Discussion ensued regarding the vagueness of this language.

Discussion continued regarding the vagueness of the bodily injury threshold as a charging element. Ms. Gorman raised concerns about the broadness of the bill's language. Mr. Lane responded to questions regarding the potential to amend the bill to invoke felony murder if false reporting results in death.  He also discussed certain penalty enhancements in the bill.  Discussion followed regarding the ability to gain restitution for swatting events, and the ability to prosecute a swatting call made from outside the state under the bill.

Discussion ensued regarding amendment L.002 (Attachment E).

Various committee members provided their positions on SB 18-068. Representatives Van Winkle and Bridges provided closing remarks in support of the bill.

Mr. Michael Dohr, Office of Legislative Legal Services, clarified the intent of certain portions of SB 18-068. The committee continued to provide their positions on the bill. Representative Lee laid the bill over.

The committee recessed.

The committee returned to order. Representatives Lee and Wist, prime sponsors, presented House Bill 18-1251, concerning measures to improve the efficiency of the community corrections transition placements.  Committee members received a letter in support of the bill from the Colorado Association of Community Corrections Boards (Attachment F), recommendations from the Community Corrections Utilization Working Group (Attachment G), and amendments L.003 (Attachment H) and L.004 (Attachment I). Representative Lee explained the effect of the bill and discussed its need. He also provided background on the bill's genesis. Representative Wist provided additional input. Discussion ensued regarding the fiscal impact of the bill.

Ms. Alex Walker, representing the Colorado State Board of Parole, testified in support of the bill. Ms. Walker discussed the recommendations of the Community Corrections Utilization Working Group. Ms. Meredith McGrath, representing the Department of Corrections, testified in support of the bill. Ms. McGrath discussed the work of the working group, and the merits of the legislation. Mr. Bryon Sparling, representing the Department of Corrections, testified in support of the bill.  Mr. Glen Tapia, representing the Department of Public Safety, testified in support of the bill. He discussed the work undertaken by the working group, and provided background on community corrections. Mr. Sparling and Mr. Tapia responded to questions regarding the reasons why certain offenders are not being placed in community corrections, and the function of employees hired under the bill. Discussion ensued regarding a potential amendment to the bill.  Mr. Sparling responded to questions regarding the tracking of community corrections denials.

Ms. McGrath responded to questions regarding how community corrections placements are processed.

Ms, Christina Daniel, representing the Community Corrections Coalition, testified in support of the bill. Ms. Daniel read a letter supporting the bill. Mr. Tony Lombard, representing the Colorado Association of Community Corrections Boards, testified in support of the bill, and lent support to amendment L.003. Ms. Daniel responded to questions regarding programming for women in community corrections.

Discussion ensued regarding the intent of amendment L.004.

Ms. Gabby Reed, representing the Department of Public Safety, provided input on amendment L.004. Discussion ensued regarding current policy on how immigrant detainers are handled in the community corrections environment. The committee recessed.

The committee returned to order.

Representative Salazar laid over HB 18-1251.