H_JUD_2023A 01/31/2023 01:12:57 PM Committee Summary

The committee was called to order. A quorum was present. Representative Weissman discussed strike-below amendment L.002 (Attachment A) for the first bill on the calendar. Representative Amabile, prime sponsor, presented House Bill 23-1013, concerning measures to regulate the use of restrictive practices on individuals in correctional facilities. Representative Amabile explained the effect of the bill and discussed its need.

Meghan Baker, representing Disability Law Colorado, testified in support of HB 23-1013.

Tyler Himelstieb, representing himself, testified in support of the bill.

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

Lauren Snyder, representing Mental Health Colorado, testified in support of the bill. Ms. Snyder and Ms. Baker responded to questions regarding further potential restrictions on the use of clinical restraints, and alternatives to using restraints. Discussion ensued regarding how advocates become aware of the use of clinical restraints.

Lindsay Saunders-Velez, representing Colorado Justice Advocacy Network, testified in support of the bill.

Justina Madensk, representing herself, testified in support of the bill.

Representative Amabile explained the effect of amendment L.002 and discussed its provenance. Adrienne Sanchez, Department of Corrections (DOC), responded to questions regarding the position of the department on HB 23-1013. Representative Amabile responded to questions regarding the use of clinical restraints by state facilities under certain circumstances under amendment L.002. Ms. Sanchez responded to questions regarding the potential impact of amendment L.002 on DOC staffing safety, offender safety, and the number of staff required at facilities. Ms. Sanchez responded to questions regarding the use of other restraint techniques by DOC should the bill pass. Erin Reynolds, Legislative Council Staff, responded to questions regarding the fiscal impact of the bill. Ms. Sanchez provided input on this issue. Ms. Sanchez responded to questions regarding the number of times clinical restraints are used at DOC facilities. Representative Luck suggested a conceptual amendment.

Representative Amabile provided closing remarks in support of HB 23-1013, as amended. Various committee members provided their positions on the bill.

Representatives Daugherty and Soper, prime sponsors, presented House Bill 23-1034, concerning measures to expand postconviction DNA testing. Representative Daugherty explained the effect of the bill and discussed its need. Representative Soper provided additional input on the merits of the bill.

Robert Dewey, representing himself, testified in support of the bill.

Ray Krone, representing himself, testified in support of the bill.

Jeanne Segil, representing Korey Wise Innocence Project, testified in support of the bill.

Jemil Kassahun, representing Korey Wise Innocence Project, testified in support of the bill.

Anne-Marie Moyes, representing Korey Wise Innocence Project , testified in support of the bill.

The committee recessed.

The committee returned to order.

Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), testified to amend the bill.

The committee considered amendment L.001 (Attachment B).

The committee considered amendment L.002 (Attachment C).

The committee considered L.003 (Attachment D).

Representative Daugherty explained the effect of amendment L.004 (Attachment E). Representative Woodrow explained a conceptual amendment to amendment L.004.

Representatives Daugherty and Soper provided closing remarks in support of HB 23-1034. Various committee members provided closing remarks in favor of the bill.

The committee recessed.

The committee returned to order. Representatives Bacon and Sharbini, prime sponsors, presented House Bill 23-1042, concerning narrowing the admissibility standards for juvenile statements to protect the voluntariness of such statements. Representative Bacon explained the effect of the bill and discussed its need. Committee members received a handout supporting the bill (Attachment F). Representative Sharbini provided additional input on the merits of the bill. Discussion ensued regarding a number of forthcoming amendments. Representative Sharbini discussed training for police officers under the bill.

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill. Sharon Battle, representing herself, testified in support of the bill. James Trainum, representing himself, testified in support of the bill. Ms. Gorman responded to questions regarding why the issues addressed by HB 23-1042 having been acted on earlier, and amending state law to address the issues rather than establishing model policies for police departments to follow. Mr. Trainum responded to questions regarding the emotional and psychological development of youth. Ms. Gorman responded to questions regarding charging juveniles as adults in Colorado, and the admissibility of certain statements under the bill. Ms. Gorman responded to further questions regarding due process under the bill.

Jeanne Segil, representing Korey Wise Innocence Project, testified in support of the bill.

Ashok Vasan, representing himself, testified in support of the bill.

Devin Morris Jr, representing himself, testified in support of the bill. Discussion ensued regarding examples of law enforcement lying to youth and the results, and thoughts regarding youth and police interactions. Ms. Segil responded to questions regarding educational efforts undertaken by the Korey Wise Innocence Project.

Chief Ed Brady, representing Colorado Association of the Chiefs of Police, testified in opposition to the bill. Jeremiah Boies, representing Colorado Association of Chiefs of Police, testified in opposition to the bill. Michael St. Charles, representing the El Paso County Sheriff's Office, testified in opposition to the bill. Sheriff Darren Weekly, representing County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Weekly and Mr. Boies responded to questions regarding how law enforcement might gain an admission from a juvenile. Discussion ensued regarding police department policies pertaining to lying to juveniles, and techniques for interrogating juveniles. Discussion followed regarding the overturning of youth criminal cases based on deceptive practices on the part of law enforcement. Discussion ensued regarding the effect of certain provisions of the bill, and training for forensic investigators by law enforcement. Mr. Boies responded to questions regarding the need for probable cause before law enforcement can interrogate an alleged perpetrator of a crime. Discussion returned to the rate at which cases against youth are overturned when law enforcement uses deceptive practices.

Mark Fallon, representing himself, testified in support of the bill.

David Thompson, representing himself, testified in support of the bill. Mr. Thompson responded to questions regarding the age at which people cognitively process interrogation.

Amelia Power, representing herself, testified in support of the bill.

Lindsay Saunders-Velez, representing Colorado Justice Advocacy Network, testified in support of the bill.

Amber Doggett, representing herself, testified in support of the bill.

Lorenzo Montoya, representing himself, testified in support of the bill.

Ms. Doggett responded to questions regarding how being subjected to deceitful interrogations by the police and subsequently being separated from her family impacted her life. Mr. Montoya responded to questions regarding his experiences with being interrogated by law enforcement. Ms. Power responded to questions regarding why Miranda rights don't resolve the issues being addressed by HB 23-1042.

Vallerie Bustamante, representing Stand for Children, testified in support of the bill.

Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Portia Prescott, representing Rocky Mountain NAACP Colorado-Montana-Wyoming State Conference, testified in support of the bill.

Mr. Tom Pipal, representing himself, testified in support of the bill.

Dr. Neil responded to questions regarding good reasons for law enforcement to lie to a child.

Representative Bacon explained the effect of amendment L.002 (Attachment G). Representative Bacon responded to questions regarding the intent of the amendment. Dawn Fritz, representing Colorado Parent Teacher Association, testified in support of the bill. Representative Woodrow discussed the merits of amendment L.002. Representative Soper explained his objection to the amendment.

Representative Bacon explained the effect of amendment L.003 (Attachment H). Representative Bacon responded to questions regarding the phrase "or belief" in the amendment. Representative Sharbini provided additional input on this issue. Representative Bacon responded to questions regarding what constitutes "untruthful" in the context of the amendment.

Representatives Sharbini and Bacon provided closing remarks in support of HB 23-1042. Various committee members provided their positions on the bill.  Submitted public comments for January 31 are under Attachment I.