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S_JUD_2025A 02/10/2025 01:35:39 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/10/2025
Attendance
Ball X
Carson X
Daugherty X
Frizell X
Roberts X
Weissman X
Gonzales J. X
Time 01:35:39 PM to 06:44:52 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales J.
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB25-041 Lay Over
HB25-1058 Referred to the Committee of the Whole
SB25-012 Postponed Indefinitely
SB25-044 Postponed Indefinitely

SB25-041 - Lay Over


01:35:54 PM  
Senators Amabile
and Michaelson Jenet, co-prime sponsors, presented Senate Bill 25-041,
concerning persons who may be incompetent to stand trial, and, in connection
therewith, permitting certain services for persons who are incompetent
to proceed, collecting residency information about persons who are incompetent
to proceed, and requiring bond setting for persons who may be incompetent
to proceed.




Senator Amabile
presented Amendment L.001 (Attachment A) and discussed the bill in relation
to the amendment.  She provided a brief overview of competency and
the bill's attempt to avert certin individuals deemed incompetent to proceed
out of the criminal justice system and into a care setting.




Committee members
asked how other states handle this population. Discussion followed about
waiting lists.  Further questions were raised about the fiscal note.
01:55:17 PM  
Committee discussion
continued about the fiscal note and roles of various agencies involved.
Questions were raised about mechanisms to transfer an individual from the
criminal to the civil system.  Medicaid was also discussed.
02:01:16 PM  

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Mr. James Karbach, representing Colo. St. Pub. Defender, testified in support of the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill.

Kate Rawlinson, representing themself, testified in support of the bill.



Committee discussion ensued about housing and bed utilization and cash bond.

02:17:11 PM  
Committee members
continued to discuss the bill and asked about community based behavioral
health services.  Further questions were asked about the payment window
and mental health holds.  Discussion followed about certification
to the civil system and the lack of treatment providers.
02:32:39 PM  

Brad Turner, representing Colorado District Attorneys' Council, testified to amend the bill.

Samantha Garrett, representing Colorado Department of Human Services, testified to amend the bill.

Mr. Vincent Atichy, representing Mental Health CO, testified in support of the bill.

Dr. Michael Neil, representing themself, testified in support of the bill.



Committee members asked questions about the amendment.

02:44:37 PM  

Mr. Christian Overbey, representing themself, testified in support of the bill.

Ms. Barbara Vassis, representing themself, testified in support of the bill.

Ms. Vanessa Kaufman, representing themself, testified in support of the bill.

Ms. Sylvia Tawse, representing themself, testified in support of the bill.

Laurie Slaughter, representing themself, testified in support of the bill.

03:02:27 PM  
Krystyn Hartman,
representing themself, testified to amend the bill.





Senator Amabile requested the bill be laid over until the next hearing
of the Senate Judiciary.



HB25-1058 - Referred to the Committee of the Whole


03:08:48 PM  
Senators Michaelson
Jenet and Amabile explained House Bill 25-1058, concerning modifications
to the affirmative defense of not guilty by reason of insanity (NGRI).
 They explained it was a clean-up bill about NGRI to remove antiquated
language and practices.
03:12:00 PM  

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Mr. James Karbach, representing Colo. St. Pub. Defender, testified in support of the bill.

Samantha Garrett, representing Colorado Department of Human Services, testified in support of the bill.



Committee members asked the panel questions about the number of NGRI patients in hospitals.

03:20:39 PM  
The bill sponsors made closing remarks.


03:26:01 PM
Motion Refer House Bill 25-1058 to the Committee of the Whole.
Moved Weissman
Seconded
Ball Yes
Carson No
Daugherty Yes
Frizell No
Roberts Yes
Weissman Yes
Gonzales J. Yes
Final YES: 5   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB25-012 - Postponed Indefinitely


03:26:21 PM  
Senator Amabile,
bill sponsor, presented Senate Bill 25-012, concerning providing financial
assistance to counties for county facilities.

She requested
for the bill to be postponed indefinitely.





Written testimony about the bill is in Attachment B.



03:27:20 PM
Motion Postpone Senate Bill 25-012 indefinitely.
Moved Gonzales J.
Seconded
Ball Yes
Carson No
Daugherty Yes
Frizell Yes
Roberts Yes
Weissman Yes
Gonzales J. Yes
YES: 6   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:28:08 PM
Motion Reconsider
Moved Gonzales J.
Seconded
Ball Yes
Carson Yes
Daugherty Yes
Frizell Yes
Roberts Yes
Weissman Yes
Gonzales J. Yes
YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:28:22 PM
Motion Postpone Senate Bill 25-012 indefinitely.
Moved Gonzales J.
Seconded
Ball Yes
Carson Yes
Daugherty Yes
Frizell Yes
Roberts Yes
Weissman Yes
Gonzales J. Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB25-044 - Postponed Indefinitely


03:36:55 PM  
Senator Pelton B,
bill sponsor, presented Senate Bill 25-044, concerning criminal penalties
involving a controlled substance that includes certain synthetic opiates.
 He discussed fentanyl, drug dealers, and overdose deaths.  He
explained new penalties under the bill.




Committee members
asked questions about a recent state fentanyl study.
03:40:59 PM  

Dr. Josh Barocas, representing themself, testified in opposition to the bill.

Lisa Raville, representing Harm Reduction Action Center, testified in opposition to the bill.

Melanie Jordan, representing Office of Respondent Parents' Counsel, testified in opposition to the bill.

Maureen Cain, representing Public defender, testified in opposition to the bill.



Committee members asked questions about brain chemistry and addiction.



Further discussion ensued about possession and levels of culpability.

04:09:19 PM  

Further questions were raised about informants.

04:15:56 PM  

Chief Paul Pazen, representing themself, testified in support of the bill.

Marshall Weaver, representing themself, testified in support of the bill.

Andrea Thomas, representing Voices of Awareness, testified in support of the bill.

Mr. Travis Sides, representing District Attorney,13th Judicial District, testified in support of the bill.



Committee members asked questions about legalization, penalties, and accountability.

04:42:49 PM  

Kyle Giddings, representing Colorado Criminal Justice Reform Coalition, testified in opposition to the bill.

Jason Vitello, representing Colorado Criminal Justice Reform Coalition, testified in opposition to the bill.

Geno Shvedov, representing Hazelbrook Community Recovery Center, testified in opposition to the bill.

Andrew West, representing Colorado Coalition for the Homeless, testified in opposition to the bill.

04:52:22 PM  

Sheriff Joe Roybal, representing El Paso County Sheriff's Office, testified in support of the bill.

Darcy Kofol, representing District Attorney's Office for the 23rd Judicial District, testified in support of the bill.

Mr. Matt Turner, representing Weld County Sheriff's Office, testified in support of the bill.

Deputy Chief Sadar, representing Colorado Children's Alliance, testified in support of the bill.



Committee members asked questions about amounts, weights, and dealers.

05:12:03 PM  

Anaya Robinson, representing ACLU of Colorado, testified in opposition to the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Ashley Perales, representing Mental Health Coloradotestified in opposition to the bill.

Ms. Breeah Kinsella, representing Colorado Providers Association, testified in opposition to the bill.

05:22:36 PM  

Aidan Ridley, representing themself, testified in support of the bill. Chief Current, representing Colorado Association of the Chiefs of Police - Durango Police Department, testified in support of the bill.

Julie Wright, representing themself, testified in support of the bill. She referenced a petition to support the bill.

Miki Sedivy, representing themself, testified in support of the bill.

Adele Armijo, representing themself, testified in support of the bill.



Commitee discussion folllowed about harsher penalties and keeping dealers incarcerated.

05:41:04 PM  

Stephanie Stewart, representing Colorado Society of Addiction Medicine, testified in opposition to the bill.

Krystyn Hartman, representing themself, testified in opposition to the bill.

05:45:46 PM  

Kim Osterman, representing themself, testified in support of the bill.

Cole Osterman, representing themself, testified in support of the bill.

A letter from Kennedy Jankowski was read by Sabrina Jankowski, representing themself, testified in support of the bill.

Tricia Otto, representing themself, testified in support of the bill.

05:59:43 PM  

David Osterman, representing themself, testified in support of the bill.

Sabrina Jankowski, representing themself, testified in support of the bill.

Chad Otto, representing themself, testified in support of the bill.

Ms. Erin Meschke, representing themself, testified in support of the bill.

06:09:50 PM  
Dan Botts, representing
NCDTR/CDIA, testified in support of the bill.
06:14:25 PM  

Senator Pelton B, distributed Amendment L.001 (Attachment C), which puts back in a wobble down provision.



Committee members asked about similar legislation from 2022.

Written testimony about the bill is in Attachment D.

 



06:16:28 PM
Motion Adopt amendment L.001 (Attachment C)
Moved Weissman
Seconded
Ball
Carson
Daugherty
Frizell
Roberts
Weissman
Gonzales J.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:16:30 PM  
The bill sponsor
made closing remarks.




Committee members
made closing remarks.


06:42:34 PM
Motion Refer Senate Bill 25-044, as amended, to the Committee on Appropriations.
Moved Roberts
Seconded
Ball No
Carson Yes
Daugherty No
Frizell Yes
Roberts Yes
Weissman No
Gonzales J. No
YES: 3   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


06:42:35 PM
Motion Postpone Senate Bill 25-044 indefinitely.
Moved Roberts
Seconded
Ball Yes
Carson No
Daugherty Yes
Frizell No
Roberts No
Weissman Yes
Gonzales J. Yes
Final YES: 4   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:44:52 PM   The committee adjourned.






The effective date for bills enacted without a safety clause is August 6, 2025, if the General Assembly adjourns sine die on May 7, 2025 (unless otherwise specified). Details

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