H_JUD_2021A 06/02/2021 05:02:03 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Roberts and Carver, prime sponsors, presented House Bill 21-1309, concerning measures related to permitting continuing a criminal trial because of the COVID-19 pandemic. The committee heard testimony on the bill at its May 18, 2021 hearing. Representative Roberts explained the effect of amendments L.012 (Attachment A) and L.014 (Attachment B).

The prime sponsors of HB 21-1309 provided closing remarks in support of the bill. Representative Benavidez provided her position on the bill.

Representatives Michaelson Jenet and Soper, prime sponsors, presented Senate Bill 21-088, concerning establishing a civil cause of action for sexual misconduct against a minor. The committee heard testimony on the bill at its May 25, 2021 meeting. Representative Soper explained the effect of amendment L.060 (Attachment C). Discussion ensued regarding the effect of the amendment, and the reasoning behind the damage cap levels in the amendment.

Representative Soper explained the effect of amendment L.062 (Attachment D). Representative Soper responded to questions regarding the time frames put in place by the amendment. Discussion ensued on this point.

The chair laid over SB 21-088.

Representatives Soper and Weissman, prime sponsors, presented Senate Bill 21-280, concerning crimes that are bias-motivated. Representative Soper explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the merits of the legislation.

John Kellner, representing the Eighteenth Judicial District, testified in support of SB 21-280. Sarah Mercer, representing the Counterterrorism Education Learning Lab, testified in support of the bill. Michael Neil, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Jeremy Shaver, representing the Anti-Defamation League and the Hate-Free Colorado Coalition, testified in support of the bill. Kevin Kline, representing the Division of Homeland Security and Emergency Management, testified in support of the bill. He discussed forthcoming amendment L.001 (Attachment E). Mr. Kline responded to questions regarding funding for his division, and the need for amendment L.001.

Representative Weissman explained the effect of amendments L.001 and L.002 (Attachment F).

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

The committee recessed.

The committee returned to order. Representatives Tipper and Benavidez, prime sponsors, presented House Bill 21-1320, concerning the continuation of the Sex Offender Management Board (SOMB), and, in connection therewith, implementing the recommendations of the 2019 sunset report by the department of regulatory agencies.  Representative Tipper explained the effect of the bill and discussed its need. Representative Tipper also explained how the introduced bill aligns with the Department of Regulatory Agency's sunset review recommendations, and the decision to not adopt certain recommendations in the bill. Representative Benavidez provided additional input on the merits of the bill, discussing the stakeholder process. Representative Tipper discussed the structure of amendment L.004 (Attachment H).

Jessica Dotter, representing the Colorado District Attorneys' Council, testified in support of HB 21-1320 as introduced.

Amanda Gall, representing the First Judicial District Attorney, testified in support of the bill as introduced.

Alexis King, representing the First Judicial District, testified in support of the bill as introduced.

Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill as introduced.

Discussion ensued regarding why the bill, if amended, would impact public safety, and other impacts to which the panel objects. Ms. Dotter responded to questions regarding how amendment L.004 affects the relationship between the SOMB and the Department of Corrections. Discussion ensued on this point. Discussion followed regarding the timeline for the creation of HB 21-1320, and the implications of not passing the bill during the current legislative session.

Kate Stimson, representing herself, testified on HB 21-1320 from an "amend" position. Gene Katz, representing himself, testified on the bill from an "amend" position. Committee members received a handout prepared by Dr. Katz (Attachment I). Michael Miner, representing himself, testified on the bill from a neutral perspective. Ms. Stimson responded to questions regarding the impacts on public safety of the introduced bill as compared to amendment L.004. Dr. Katz responded to questions regarding the composition of the SOMB, and the requirements for treating a sex offender. Dr. Miner discussed the effect of placing certain restrictions on sex offenders.

Dennis Maes, representing himself, testified on HB 21-1320 from an "amend" position.

Jessica Meza, representing herself, testified in opposition to the bill.

Michael Rose, representing himself, testified on the bill from an "amend" position.

Judge Maes responded to questions regarding changes to the use of polygraph examination by forthcoming amendments.

Gordon McLaughlin, representing himself, testified in opposition to HB 21-1320.

Kimberly Corban Rourke, representing herself, testified in opposition to the bill as amended.

Michael Rourke, representing himself, testified in opposition to the bill as amended.

Discussion ensued regarding the effect of amendment L.004 on sex offender treatment and release.

Gregg Kildow, representing himself, testified in opposition to the bill.

Kim Kline, representing the SOMB, testified on HB 21-1320 from an "amend" position.

Chris Lobanov-Rostovsky, representing the Department of Public Safety, testified in support of the bill as originally drafted.

Carl Blake, representing the Office of Children, Youth, and Families, testified on the bill from an "amend" position.

Dr. Blake responded to questions regarding concerns with the proposed amendments to the bill as compared to the introduced bill. Ms. Kline responded to questions regarding difficulties in obtaining insurance as a treatment provider. Discussion ensued regarding changes to treatment standards by amendment L.004. Ms. Kline responded to questions regarding rules governing sex offense treatment providers, and allowing sex offenders to change treatment providers. Ms. Kline responded to further questions regarding the impact of changing treatment providers. Mr. Lobanov-Rostovsky responded to questions regarding the Department of Regulatory Agencies' recommendation pertaining to the sexually violent predator classification, and amendment L.007.

Gary Reser, representing Forensic Evaluation and Treatment Services, testified in support of HB 21-1320.

Stacie Colling, representing the Office of Alternate Defense Counsel, testified in support of the bill.

Katharina Booth, representing the Boulder County District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the introduced version of the bill.

Jessica Bernfeld, representing herself, testified in support of the bill.

Rick Ostring, representing Advocates for Change and CSOR, testified in support of HB 21-1320.

Tami Floyd, representing Advocates for Change and CSOR, testified in support of the bill.

Susan Walker, representing Advocates for Change and CSOR, testified in support of the bill.

Amber Lopez, representing Advocates for Change, testified in support of the bill.

Stephanie Mays, representing herself, testified on HB 21-1320 from an "amend" position.

Gail Johnson, representing herself, testified on the bill from an "amend" position.

Jean McAllister, representing the WINGS Foundation, Inc., testified on HB 21-1320 from an "amend' position.

Heidi McCollum, representing the Colorado District Attorneys' Council, testified in opposition to the bill.

Casey Ballinger, representing the Blue Bench, testified on the bill from a neutral position.

Roger Kincade, representing Advocates for Change, testified in support of HB 21-1320. Committee members received copies of the testimony of John Edwards (Attachment J). Janene McCabe, representing herself, testified in support of the bill. Diane Tramutola-Lawson, representing Colorado CURE, testified in support of the bill.

Sterling Harris, representing the Colorado Organization for Victim Assistance, testified in opposition to HB 21-1320.

Leonard Woodson III, representing the Department of Corrections, responded to questions regarding the impact of amendment L.004 on the department as well as the Division of Adult Parole.

Marsha Brewer, representing Advocates for Change, testified on HB 21-1320 from an "amend" position.

Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified on the bill from an "amend" position.

Kate Mattern, representing the Office of the State Public Defender, testified in support of the bill.

Daniel Kagan, representing Advocates for Change, testified on HB 21-1320 from an "amend" position.

Pat Harris, representing Advocates for Change, testified on the bill from an "amend" perspective.

Michael Dell, representing Colorado CURE, testified in opposition to the bill.

Representative Tipper explained the effect of amendment L.015 (Attachment K).

Representative Weissman explained the effect of amendment L.012 (Attachment L).

Representative Tipper explained the effect of amendment L.018 (Attachment M).

Representative Tipper explained the effect of amendment L.017 (Attachment N).

Representative Benavidez explained the effect of amendment L.016 (Attachment O).

Representatives Tipper and Benavidez provided closing remarks in support of HB 21-1320. Various committee members provided their positions on the bill.