S_JUD_2019A 01/25/2019 11:12:39 AM Committee Summary

Senator Lee called the meeting to order. 

Senator Moreno presented the Joint Budget Committee (JBC) Budget Staff Summary and walked the committee through the major highlights of agencies under its purview (the summary may be accessed here:  https://leg.colorado.gov/publications/fy-2019-20-staff-budget-briefing-summary).  He introduced other members of the JBC, including Senators Zenzinger and Rankin and Representatives Esgar and Ransom.  

Senator Moreno began the briefing with the Department of Corrections (DOC)  budget request.  He discussed the high vacancy rate and correctional officer retention issues. He noted the particular problem of losing officers to other entities that offer better pay and benefits.  The committee discussed prison capacity, technical parole violations, and the costs of incarceration. 

Senator Moreno continued with the briefing.  He  noted that targets set for Community Corrections and intensive supervision are not being met.  He discussed successes with the re-entry program.  The committee discussed prison population projections, as well as the turnover and vacancy rates and salaries of correctional staff. 

Senator Moreno next provided an overview of the Department of Law budget and the request for funds to increase the number of judges and probation officers.  The committee asked questions about backlogs, criminal appeals, filings, and caseload management. 

Senator Moreno explained the Department of Public Safety budget request.  Committee members asked questions about Community Corrections and Sex Offender Management Board (SOMB).  

Representative Esgar explained that SMART Act hearings in the future may be moved to the first week of the legislative session in an effort to better solicit committee input.  Representative Weissman suggested the SOMB budget be delineated to show polygraph costs. 

Kent Wagner, Executive Director of the Office of Judicial Performance Evaluation, presented the Colorado Judicial Performance Evaluation, pursuant to Section 13-5.5-114(2), C.R.S (Attachment A).  He reported that a record number of Coloradans accessed judicial performance evaulations in the 2018 retention election.  Mr. Wagner also noted research that supported an increased awareness of judicial performance evaluations and improved recollection of receiving the blue book in the mail.

Mr. Wagner suggested the legislature reconsider several provisions in Section 13-5.5-101 et seq., C.R.S. regarding commission vacancy appointments, senior judge evaluations, the performance standard threshold, and survey responses.   He answered questions from the committee about performance improvement strategies and retention election results.

Chris Forsyth, representing The Judicial Integrity Project, expressed concerns about retention elections, particularly access to judges' disciplinary records.  He also brought up issues with senior judges and accountability.  He answered questions from the commmittee.

The following individuals appeard before the committee on behalf of the SOMB:  John Odenheimer, SOMB Member, Kelly Hume, Office of Domestic Violence and Sex Offender Management; and, Chris Lobanov-Rostovsky, Sex Offender Management Unit Administrator.   The SOMB Annual Legislative Report was distributed (Attachment B).

Mr. Odenheimer provided background information about the SOMB and its duties and responsibilities.  He also gave an overview of the various SOMB subcommittees and working groups.   

Kelly Hume discussed the annual legislative report, including research findings and evidence-based practices. 

Chris Lobanov-Rostovsky discussed how the SOMB supports and provides technical assistance to providers.  Ms. Hume and Mr. Lobanov-Rostovsky answered questions about the complaint process, disclosure statements, state audit recommendations, terminology, registration of juvenile sex offenders, and rehabilitation.  Committee discussion continued about Community Corrections and sex offender placement. 

The committee discussed the preliminary report by an independent evaluator, included in the annual report,  and expressed concerns about some of the findings, especially those regarding public participation and conflict of interest. 

Allison Boyd, victim's representative on the SOMB,  discussed the work of the SOMB and victim advocacy. She also discussed restorative justice and family reunification.

Brie Franklin Akins, representing the Colorado Coalition Against Sexual Assault, discussed the under-reporting of sex-related crimes.

Kaitlin Altone, representing the Rocky Mountain Victim Law Center, discussed accountability, treatment, and the important role of the SOMB.  She answered questions from the committee about outreach and demand for services.   

Dale Jenkins, representing Advocates for Change, expressed concerns about the SOMB and polygraphs in particular. She distributed a copy of her testimony to the committee  (Attachment C).  The committee discussed a controversial Superme Court ruling about sex offender treatment and recidivism.

Roger Kincade, representing Advocates for Change, also expressed concerns with the SOMB and distributed a written copy of his testimony (Attachment D).  He discussed problems with the filing of complaints against a provider or the SOMB.

Pat Harris, representing Advocates for Change, discussed parole for low-risk sex offenders and distributed a copy of her testimony (Attachment E). She discussed parole eligibility and treatment.

Susan Walker, representing the Coalition for Sexual Offense Restoration (CSOR), testified about the SOMB.  She first reported on some of their positive accomplishments, followed by areas in need of of improvement, including, but not limited to, the sex offender registry, polygraphs, and the "one-size-fits-all" treatment modality.  She distributed a copy of her testimony (Attachment F).    

Tami Floyd, representing herself, discussed the SOMB.  She stated concerns about the use and costs of polygraphs, as required by the SOMB.

Jenny Stith, representing the WINGS Foundation, discussed trauma-informed therapy and victims. 

Karmen Carter, representing the Blue Bench, talked about the SOMB and its role in prevention efforts. 

Angel Weant, Judicial Department representative on the SOMB, discussed the importance of SOMB standards and guidelines for those in the field. 

Dr. Carl Blake, Division of Youth Services representative on the SOMB, discussed the juvenile standards revision committee.  He answered questions about the polygraph testing of juveniles.  

Leonard Woodson, DOC representative on the SOMB, discussed risk assessment, treatment, and parole eligiblity.

Laurie Rose Kepros, representing the Office of the State Public Defender, presented a timeline of SOMB non-compliance with Risk-Need-Responsivity (Attachment G).  She expressed concerns about the SOMB and their "one size fits all" approach to treatment.  She also also distributed a pamphlet from the National Association for Rational Sexual Offense Laws, which includes nation-wide statistics, and a visual schematic for attrition of rape cases (Attachments H and I).