H_JUD_2021A 05/12/2021 02:16:34 PM Committee Summary

The committee was called to order. A quorum was present. Representative Michaelson Jenet, prime sponsor, presented Senate Bill 21-081, concerning procedural measures to prevent the misuse of the Safe2tell Program. The committee heard testimony on the bill at its April 28 meeting. Representative Michaelson Jenet updated the committee on efforts to draft an amendment to the bill. No amendments were offered to the bill.

Various committee members provided their positions on SB 21-081.

The committee recessed.

The committee returned to order.

Brian Tobias, Department of Regulatory Agencies (DORA), provided an overview of the sunset hearing process. Mr. Tobias then provided an overview of the 2019 sunset report on the Sex Offender Management Board (the report may be accessed at: https://cdpsdocs.state.co.us/dvomb/SOMB/WN/2019sunset.pdf ). Mr. Tobias responded to questions regarding a recommendations made to the Sex Offender Management Board (SOMB) by subcommittees.

The following persons testified regarding the sunset process and the Sex Offender Management Board: Maureen Cain, representing the Office of the State Public Defender, testified on the SOMB, expressing concerns with the board. MacKenzie Shields, representing the Office of the State Public Defender, testified on the SOMB, discussing the sexually violent predator designation. Melissa Segers, representing herself, testified on the SOMB, and in support of sunset report recommendation #1. Ms. Segers responded to questions regarding the process by which sex offenders may choose their sex offense treatment providers, and how treatment provider selection is handled in other states. Ms. Cain provided a recent history of the sex offense treatment provider selection process for Colorado. Ms. Shields responded to questions regarding what the sexually violent predator designation entails. Ms. Cain responded to questions regarding SOMB guidelines, and the administration of sex offenders in other states.

Joe Thome, representing the Division of Criminal Justice in the Department of Public Safety, testified on the SOMB, providing background on the administration of the board.

Kim Kline, representing the SOMB, testified on the board, providing her perspective as a treatment provider.

Chris Lobanov-Rostovksy, representing the SOMB, testified on the board, provided background on the treatment model employed by the SOMB.

Ms. Kline responded to questions regarding licensing and credentialing of sex offense treatment providers, and the composition of the SOMB. Ms. Kline responded to further questions regarding her treatment practice. Discussion ensued regarding recommendation #3 in the sunset review, and a fact pattern where a registered sex offender commits a nonsexual-related offense.

Kenneth Corvo, representing himself, provided insights on sex offender and domestic violence oversight boards.

Jennifer Stith, representing WINGS, testified on the SOMB.

LaQunya Baker, representing the Sam Cary Bar Association, testified on the SOMB, discussing the need for diversity among sex offender treatment providers and the sexually violent predator designation.

Hollis Whitson, representing the Colorado Criminal Defense Bar, outlined some ways that SOMB statutes and policies are negatively impacting offenders.

Laurie Rose Kepros, representing the Office of the State Public Defender, discussed some solutions to the issues outlined by Ms. Whitson.

Ms. Kepros responded to questions regarding certain SOMB policies, and polygraph testing. Ms. Baker responded to questions regarding statistics concerning sex offense treatment provider diversity. Ms. Kepros responded to questions regarding sex offender evaluations.

Gene Katz, representing himself, testified on the SOMB, discussing discrepancies between SOMB policies and best practices. Michael Rose, representing himself, discussed the sexually violent predator designation. Dr. Katz responded to questions regarding selection of sex offense treatment providers. Dr. Rose responded to questions regarding sex offender public notification policies.

Brie Franklin, representing the Colorado Coalition Against Sexual Assault, testified on the SOMB.

Sterling Harris, representing the Colorado Organization for Victim Assistance, discussed the reauthorization of the SOMB.

Jean McAllister, representing herself, supported reauthorization of the SOMB, along with the DORA recommendations.

Mary Evans, representing Advocates for Change, discussed evidence-based practices for managing sex offenders, and funding longitudinal studies.

Christina Marquez, representing the Department of Corrections, responded to questions regarding sex offender treatment availability in prison.

Amanda Gall, representing the First Judicial District, spoke in favor of reauthorizing the SOMB. Roger Kincade, representing himself, discussed his experience as a probationer, and the need for certain SOMB reforms. Susan Walker, representing CSOR, discussed her work as an advocate, and commented on sex offender treatment and management guidelines.

Marsha Brewer, representing Advocates for Change, discussed the plight of a person charged with a sexual offense.

Jessica Dotter, representing the Colorado District Attorneys' Council, supported the continuation of the SOMB.

Carl Blake, representing the SOMB, discussed the reasoning behind certain SOMB practices and policies.

Lauren Ravas, representing RSA, discussed SOMB standards from the perspective of a treatment provider. Ms. Ravas responded to questions regarding various national sex offender treatment standards, and a potential mismatch between sex offender treatment provider training and the SOMB standards. Discussion ensued regarding potential process recommendations.

Discussion ensued regarding introduction of draft bill LLS No. 21-1009.01 (Attachment A).