H_JUD_2021A 04/20/2021 01:37:40 PM Committee Summary

The committee was called to order. A quorum was present. Michael Dougherty, District Attorney for the Twentieth Judicial District, made a presentation on behalf of the Sentencing Reform Task Force of the Colorado Commission on Criminal and Juvenile Justice. Mr. Dougherty discussed a package of forthcoming legislative ideas that overhaul the state's criminal sentencing scheme.

Discussion ensued regarding the work of the task force in creating the proposed sentencing scheme. Mr. Dougherty responded to questions regarding certain misdemeanor penalty levels under the proposed sentencing scheme, and levying of fines under the scheme.

The committee recessed.

The committee returned to order. Representative Weissman, prime sponsor, presented House Bill 21-1214, concerning increased eligibility for procedures to reduce collateral sanctions experienced by defendants. Representative Weissman explained the effect of the bill and discussed its need.

The following persons testified regarding HB 21-1214:

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill.

Rosalie Flores, representing Expunge Colorado, testified in support of the bill.

Ms. Cain responded to questions regarding solicitation of funds by the Office of the State Public Defender and the Office of the Alternate Defense Counsel under the bill.

Steffan Richardson, representing Tribe Recovery Homes, testified in support of HB 21-1214.

Lucas Salas, representing the Second Chance Center, testified in support of the bill.

Jamie Ray, representing the Second Chance Center, testified in support of the bill.

Alison Butler, representing the Office of the Respondent Parents' Counsel, testified in support of the bill.

Sue Torfin, representing St. Andrews Episcopal Church, testified in support of HB 21-1214.

Robert Davis, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Evette Lutman, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Howie Close, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Christina Yebuah, representing the Colorado Center on Law and Policy, testified in support of HB 21-1214.

Javier Mabrey, representing himself, testified in support of the bill.

Lydia Waligorski, representing Violence Free Colorado, testified in support of the bill.

Megan Ives, representing Justice Reskill, testified in support of the bill.

Jeremiah Mosteller, representing Americans for Prosperity, testified in support of HB 21-1214.

David Wasserman, representing himself, testified in support of the bill.

Trudy Glidden, representing the First Unitarian Society, testified in support of the bill.

Cheryl Wilson, representing herself, testified in support of the bill.

John Ferrugia, representing CoLab, testified in opposition to HB 21-1214.

Susan Greene, representing herself, testified in opposition to the bill.

Tim Regan-Porter, representing the Colorado Press Association, testified in opposition to the bill.

Nicole Vap, representing the Colorado Freedom of Information Coalition, testified in opposition to the bill.

Discussion ensued regarding demographic disparities in arrests and disproportionate impact resulting from availability of criminal records, and data collection on these issues. Discussion followed regarding how sealing arrest records under the bill would interfere with journalists' ability to investigate crimes.

John Seward, representing the University of Denver, testified in support of the bill. Mr. Seward responded to questions regarding the impact of record sealing. Denise Maes, representing the ACLU, testified in support of the bill.

Representative Weissman explained the effect of amendment L.001 (Attachment A).

Representative Weissman explained the effect of amendment L.002 (Attachment B). Representative Carver explained the effect of amendment L.006 (Attachment C), a substitute amendment. Discussion ensued on the merits of these amendments.

Representative Weissman explained the effect of amendment L.003 (Attachment D).

Representative Weissman explained the effect of amendment L.004 (Attachment E).

Representative Weissman explained the effect of amendment L.005 (Attachment F).

Representative Weissman provided closing remarks in support of HB 21-1214. Discussion ensued regarding the types of arrest records and convictions that would be sealed under the bill, and who would still have access to the sealed records. Discussion followed regarding potential liability issues associated with the bill. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order.

Representative Amabile, prime sponsor, presented Senate Bill 21-192, concerning permitting youthful offenders to be housed in the same facility as inmates who mentor youthful offenders.  Representative Amabile explained the effect of the bill and discussed its need. Representative Amabile explained the mentoring arrangement fostered by the bill.

Aaron Greco, representing the Department of Corrections, testified in support of SB 21-192.

Representative Amabile provided closing remarks in support of SB 21-192. Representative Daugherty discussed the merits of the legislation.

Representative Van Winkle, co-prime sponsor, presented Senate Bill 21-030, concerning criminal theft of rental property. Representative Van Winkle explained the effect of the bill and discussed its need. Representative Van Winkle responded to questions regarding the legislative history concerning rental property theft.

Matt Gershaw, representing the American Rental Association of Colorado, testified in support of SB 21-030.

Jeff Jackson, representing the American Rental Association of Colorado, testified in support of the bill.

Mr. Jackson responded to questions regarding the willingness of law enforcement to intervene in instances of rental property theft, and whether a call to law enforcement for rental property theft has resulted in arrest. Discussion ensued regarding whether there are security deposits, late fees, or other security charges associated with rental property.

Representative Weissman laid over SB 21-030.