H_JUD_2018A 04/03/2018 10:59:00 AM Committee Summary

The committee was called to order. A quorum was present. Representatives Wist and Gray, prime sponsors, presented Senate Bill 18-180, concerning the Colorado Trust Code.  Representative Wist explained the effect of the bill, and discussed its need. Representative Gray provided input on the bill's merits.

Mr. Marc Darling, Mr. Steve Brainerd, and Ms. Constance Eyster, representing the Colorado Bar Association, testified in support of SB 18-180. Mr. Brainerd provided background on laws that guide the administration of trusts, and discussed the development of the Uniform Trust Code. Ms. Eyster discussed the differences between the bill and the model code. Mr. Darling discussed the merits of SB 18-180. Mr. Brainerd responded to questions regarding the rule of perpetuities. Discussion ensued regarding the impact of the legislation on constructive trusts, and the intersection of the bill with Indian law.

Mr. Darling responded to questions regarding what constitutes a "strong public policy" according to the bill.  Ms. Eyster responded to questions regarding the definition of "good faith" in the bill. Discussion ensued regarding potential conflicts of interest under one provision in the bill.

Mr. Carl Larson, representing the National Association of Insurance and Financial Advisors, testified in support of SB 18-180.

Ms. Anne McGihon, representing the Colorado Uniform Law Commission, testified in support of the bill. Ms. McGihon provided a history of the Uniform Trust Code, and addressed questions raised during earlier testimony. Ms. McGihon responded to questions regarding the functioning of the commission.

Representative Wist explained the effect of amendment L.004 (Attachment A).

Discussion ensued regarding certain jurisdictional issues invoked by SB 18-180.  Representatives Wist and Gray spoke in support of the bill.

Representative Van Winkle and Bridges, co-prime sponsors, presented Senate Bill 18-068, concerning criminalizing false reports.  The committee heard testimony on the bill at its March 22 meeting. Committee members received amendments L.006 (Attachment C) and L.007 (Attachment D). Representative Salazar explained the effect of amendment L.007.

The committee recessed.

The committee returned to order. Representative Weissman explained the effect of amendment L.005 (Attachment D).

Representative Benavidez explained amendment L.010 (Attachment E). Discussion ensued regarding the merits of the amendment.

Representative Benavidez provided her position on SB 18-068.  The co-sponsors provided closing remarks in support of the bill.

Representatives Wist and Herod, prime sponsors, presented Senate Bill 18-014, concerning requiring the Department of Corrections to disclose the location of inmates who are relocataed to facilities outside of the state.  Representative Wist explained the effect of the bill, and discussed its need. Representative Herod provided input on the bill's merits. Discussion ensued regarding an exemption in the bill, and the impact of out-of-state prison transfers on prisoner violence. Discussion followed regarding state liability should something happen to an offender transferred out of state. Representative Wist discussed the number of offenders that would be impacted by the bill.

Mr. Travis Trani, representing the Department of Corrections, testified in support of SB 18-014. Mr. Trani explained the Interstate Corrections Compact, which allows states to transfer offenders between states. Ms. Monica Chambers, representing the Department of Corrections, testified in support of the bill.  Ms. Chambers provided an overview of the victim notification program.  Discussion ensued regarding certain exemptions in the bill.

Discussion continued regarding certain exemptions in SB 18-014. Discussion followed regarding judicial discretion in the victim notification process.

Mr. Tom Sullivan, representing himself, testified in support of the bill. Mr. Sullivan recounted the loss of his son, and discussed the relocation of his son's murderer to an out-of-state location. He discussed the need to notify the families of victims when an offender is relocated. He addressed issues raised during earlier discussions.

Ms. Denise Maes, representing the ACLU, testified regarding SB 18-014. Ms. Maes expressed some concerns with the bill.  Ms. Maes responded to questions regarding the types of offenders who may be put at risk as a result of the notifications facilitated by the bill. Discussion ensued regarding this point.

Ms. Maes responded to questions regarding case law associated with the Department of Corrections' transfer of offenders.

Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez discussed letters he received from the Department of Corrections concerning the whereabouts of some offenders (Attachment F), and explained how transfers take place under the Interstate Corrections Compact. Representative Wist read a letter from Christine Ridgeway (Attachment G).

Representatives Wist and Herod provided closing remarks in support of SB 18-014.

Representative Salazar, prime sponsor, presented Senate Bill 18-154, concerning a requirement for a local juvenile services planning committee to devise a plan to manage dually identified crossover youth.  Representative Salazar explained the effect of the bill and discussed its need.

Ms. Minna Castillo-Cohen and Ms. Gretchen Russo, representing the Department of Human Services, testified in support of the bill. Ms. Castillo-Cohen explained the situation of "crossover youth," and discussed the services made available to these youth under the bill. Ms. Russo explained how services are provided to crossover youth under current law. Discussion ensued regarding metrics for assessing the success of programs catering to crossover youth. Ms. Russo responded to questions regarding the geographic reach of programming for crossover youth. Discussion ensued regarding funding for the activities under SB 18-154.

Ms. Gini Pingenot, representing Colorado Counties, Inc., testified in support of the bill. Ms. Pingenot provided background on services provided to crossover youth.

Representative Salazar explained the effect of amendment L.002 (Attachment H).