Bill Summary for Bill Number HB09-1181

Date: 03/04/2009

Final
BILL SUMMARY for HB09-1181

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.003 (Attachment C). Th Refer House Bill 09-1181, as amended, to the Commi	Pass Without Objection PASS

01:50 PM -- House Bill 09-1181

Senator Foster, bill sponsor, explained the provisions of House Bill 09-1181. She explained that the bill allows victims to attend and speak at a community corrections hearing. Senator Foster stated that the bill allows the community corrections board to establish parameters for the victims to speak. She distributed a handout (Attachment A).

01:56 PM -- Joe Cannata, representing Voices of Victims, spoke in support of the bill. He stated that he believes that victims should have the same rights from county to county and this bill would create uniformity across the state concerning victims speaking at community corrections hearings.

02:01 PM

Senator Hudak asked about the purpose of the bill. Mr. Cannata stated that when offenders are transitioning to community corrections it has an effect on victims and the public. Senator Newell discussed restorative justice as a part of this bill.

02:07 PM -- Curtis "Habe" Lawson, representing himself, spoke in opposition to the bill. He discussed his personal experiences with the criminal justice system. He explained that he believes that victims should have a voice, but this bill does not allow family and friends of the defendant to speak at these community corrections hearings. He indicated that he would like for both parties to speak or for no one to speak. Senator Newell discussed the possibility of another bill that addresses the families of the defendant.

02:14 PM -- Steve Meyer, representing himself, spoke in support of the bill. He related his personal experiences with attending a community corrections hearing as a victim and not being able to speak.

02:19 PM -- Robert Forto, representing Colorado CURE, spoke in opposition to the bill. He related his personal experiences with the criminal justice system.

02:25 PM -- Randall Raizen, representing himself, spoke in support of the bill. He related his personal experiences with community corrections hearings. He noted that at a hearing in Denver, he was able to appear at the hearing as a victim.

02:29 PM -- Dawn Skipp, representing Colorado CURE, spoke in opposition to the bill. She discussed her personal experiences with having a son involved in the criminal justice system. She stated that she believes that if offenders are kept in prison longer, there will be an increase in recidivism rates.

02:33 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke in support of the bill. He stated that this bill provides a voice to the victims of crimes.

02:37 PM

Senator Renfroe asked about statistics from community corrections boards that allow the victim to speak as opposed to those boards that do not. Senator Hudak asked about the differences between the original version of the bill and the amendments made in the House. Senator Hudak asked about the types of information that community corrections boards have at the hearing.

02:44 PM -- Dianne Tramutola-Lawson, representing Colorado CURE, spoke in opposition to the bill. She noted that she served on a community corrections board and she is opposed to the bill mandating that victims speak at all community corrections hearings. She distributed a handout (Attachment B).

02:48 PM -- Jocelan Martell, representing herself, spoke in support of the bill. She spoke about her personal experiences with attending hearings as a victim.

02:52 PM -- Gina Shimeall, representing herself, spoke in opposition to the bill. She noted that she has served as a community corrections board member. She discussed the role of the community corrections boards. She stated that people who go through community corrections have a lower recidivism rate than those who are paroled directly. Ms. Shimeall also discussed her belief that the bill may be unconstitutional.

03:01 PM

Senator Newell asked about other community corrections boards and whether there are sometimes problems with inconsistencies across community corrections boards. Ms. Shimeall responded that there are state standards in existence for community corrections boards. Ms. Shimeall noted that if the bill were to pass she would want the bill to include time limits and conditions for the victims to speak at the hearings.

03:09 PM

Senator King asked about Ms. Shimeall's statement that the bill may not be constitutional. Senator Hudak discussed the difference between the introduced and the reengrossed versions of the bill.

03:19 PM -- Robby Jump, representing himself, spoke in support of the bill. He related his personal experiences with being a victim of a crime and attending a community corrections hearing.

03:27 PM -- Cathy Kohl, representing herself, spoke in support of the bill. She stated that she is the mother of the previous witness, Robby Jump. She discussed her experiences and those of her son concerning being a victim of a crime and dealing with a community corrections board.

03:32 PM -- Pamela Martinez, representing herself, spoke in support of the bill. She discussed her personal experiences with having a family member who is a victim of a crime and community corrections hearings. She noted that her experiences are in Denver County where victims are allowed to speak and how important that has been for her family.

03:38 PM -- Steve Siegel, representing the Colorado Organization for Victim Assistance, spoke in support of the bill. He discussed the importance of the right of the victim to be heard.

03:40 PM -- Lisa Brody, representing herself, spoke in support of the bill. She discussed her personal experiences with family members who are victims of a crime.

03:45 PM -- Tom Giacinti, representing the First Judicial District Community Corrections Board, spoke in support of the bill. He indicated that his board had concerns, but that those concerns pale in comparison to the victim being able to speak. He discussed the types of parameters that the board may place on victims when speaking at hearings.

03:53 PM

Senator Foster concluded her presentation of the bill. She distributed Amendment L.003.


BILL:	HB09-1181
TIME:	03:58:35 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1181
TIME:	04:00:25 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1181, as amended, to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS