Bill Summary for Bill Number HB10-1364

Date: 03/25/2010

Final
BILL SUMMARY for HB10-1364

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->

Action Taken:

Adopt an amendment to prepared amendment L.011 (At
Adopt an amendment to prepared amendment L.011 (At
Adopt prepared amendment L.001 (Attachment D). Th
Adopt prepared amendment L.003 (Attachment E). Th
Adopt prepared amendment L.004 (Attachment F). Th
Adopt prepared amendment L.005 (Attachment G). Th
Adopt prepared amendment L.010 (Attachment I). A
Refer House Bill 10-1364, as amended, to the Commi
SUBSTITUTE MOTION: Adopt prepared amendment L.011
WITHDRAWN: Adopt prepared amendment L.009 (Attach

PASS
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
TIE
PASS
PASS
TIE

01:58 PM -- House Bill 10-1364

Representative Ryden, prime sponsor, presented House Bill 10-1364 concerning the Sex Offender Management Board (SOMB), and, in connection therewith, continuing the SOMB. The bill extends the repeal date for the Sex Offender Management Board (SOMB) from July 1, 2010, to July 1, 2015. Definitions of adult sex offenderand juvenile who has committed a sex offenseare added to the statutory section concerning the SOMB. In various statutory sections, juvenile offenders are referred to as juveniles who have committed a sexual offenserather than juvenile sex offenders. The following four existing crimes are added to the definition of a sex offensefor the purposes of this statutory section:

• felony internet luring of a child (this was previously limited to the class 4 felony and now includes the class 5 felony);
• sexual conduct in a penal institution;
• second degree kidnapping; and
• wholesale promotion of obscenity to a minor or promotion of obscenity.

The statutory section governing the creation, duties, and repeal of the SOMB is repealed and reenacted with amendments. The membership and terms of the board stay the same, although the members of the SOMB are now required to elect a chair and vice chair from among the board membership, rather than having the executive director of the Department of Public Safety choose the chair and vice chair. The bill makes the following changes to the duties of the board:
• language stating that there is no known cure for the propensity to commit sex abuse is removed from the requirement that the SOMB prescribe a standardized procedure for the evaluation and identification of adult sex offenders;
• the requirement that the SOMB develop and implement standards for a system of programs for the treatment of adult and juvenile sex offenders is removed;
• family counseling and shared living arrangements are added to the continuum of treatment programs that may be used for all sex offenders;
• clarifying language is included stating that, to the extent possible, treatment programs may be accessed by all offenders, including those with mental illness and co-occurring disorders;
• the standards adopted by the SOMB must include a requirement that anyone who provides sex offender evaluation, treatment, or polygraph services provide the SOMB with the data and information the board deems necessary to carry out its duties; and
• the SOMB's existing duty to research and analyze the effectiveness of evaluation, identification, and treatment procedures includes a review of the "no known cure" philosophy and the containment model for sex offender management and treatment.

The statutory section concerning sex offender evaluation and treatment is repealed and reenacted with amendments. Specifically, the bill makes the following changes to existing law. It:

• grants the SOMB specific authority to develop an application and review process for approving individuals to be included on a list of persons who may provide sex offender evaluation, treatment, and polygraph services, including a renewal process for those on the list;
• establishes a formal process for the review of complaints and grievances against individuals who provide services to sex offenders that involves referring such complaints to the Department of Regulatory Agencies (DORA) for review;
• requires DORA to investigate the complaints and grievances and take appropriate disciplinary action against the individual and share the results of the investigation and disciplinary action with the SOMB;
• permits the SOMB to take additional disciplinary action against the individual, including removing the individual from the provider list; and
• permits the SOMB to determine requirements for returning a provider to the list after he or she has been removed following disciplinary action or another reason.

The SOMB is required to annually report the following information to the Judiciary Committees of the House and Senate:

• the board's research and analysis of the effectiveness of evaluation, identification, and treatment procedures including a review of the "no known cure" philosophy and the containment model for sex offender management and treatment;
• best practices for the treatment and management of sex offenders;
• number of individuals who have committed sex offenses and information about treatment; and
• a summary of the complaints or grievances against providers that were reviewed and investigated by DORA and the resolution of those complaints.

A statutory provision concerning the designation of sexually violent predators is amended to clarify when an offender convicted of a sex offense in another state or jurisdiction will be designated a sexually violent predator in Colorado. Anyone so designated has the right to appeal the designation in district court. The executive director of the Department of Public Safety is required, after consultation with the SOMB, to promulgate rules regarding sex offender treatment standards, lifetime supervision criteria, and eligibility standards for treatment providers. Finally, DORA is required to conduct a sunset review of the SOMB prior to July 1, 2015.

02:04 PM -- Bruce Harrelson, DORA, spoke in support of the bill. Mr. Harrelson responded to questions from the committee with regard to the "no known cure" philosophy. The sunset review did not turn up enough evidence to recommend eliminating the philosophy or to recommend continuing the current policies as they are. The committee discussed the "no known cure" philosophy at length. Representative Court asked about the next sunset review of the SOMB.

02:16 PM -- Chris Lobanov-Rostovsky, Division of Criminal Justice, spoke in support of the bill. Mr. Lobanov-Rostovsky indicated that no discussion or testimony was given at earlier hearings about the "no known cure" philosophy. The SOMB voted in 2009 to continue including the "no known cure" language in the statute. If the language remains, the SOMB would like it to be clarified that it applies only to adult sex offenders. He discussed an amendment that he requested be offered. Mr. Lobanov-Rostovsky responded to questions from the committee about the inclusion of the "no known cure" language in the statute.

02:29 PM -- Dr. Stephen Brake, representing himself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Dr. Brake stated that he does not know of any reason to remove the language. He discussed the need for treatment of sex offenders, but indicated that there is no known cure for the propensity to commit sex abuse. He responded to questions from the committee about whether removing the language would hamper or burden the SOMB and sex offender treatment providers. The committee discussed the notion that removing the language does not preclude the SOMB from continuing to study the issue. Dr. Brake reiterated his opinion that there is no cure for for the propensity to commit sex abuse.

02:43 PM -- Michelle Francis, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Francis stated her opinion that treating serious sex offenders under the "no known cure" philosophy ensures a lifelong commitment to keeping the public safe from predators.

02:45 PM -- Liz Veeder, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Veeder discussed her family's personal experience with sexual abuse. She expressed her opinion that sex offenders cannot be cured. She believes that removing the language weakens the work of the SOMB and of the total support system for convicted sex offenders that includes law enforcement agencies.

02:51 PM -- Greig Veeder, representing himself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Mr. Veeder indicated his opinion that the "no known cure" language belongs in statute because it represents the voice of the people. He discussed his experience as a member of the SOMB and a therapist. Committee discussion about the need for statutory language addressing the fact that there is no known cure for the propensity to commit sex abuse ensued.

03:04 PM -- Ted Tow, Colorado District Attorneys' Council, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Mr. Tow stressed that this language is not simply a legislative declaration, but rather a substantive portion of the statute. He talked about the difference between treatment of sex offenders and curing sex offenders. He stated that there is a big difference between leaving language out of a new statute and taking the same language out of an existing statute. He supports waiting to decide on the language until the SOMB has studied the issue as required by the bill. Mr. Tow responded to questions from the committee.

03:25 PM -- Maggie Conboy, Denver District Attorney's Office, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Conboy stated that there is no data or research to support the idea that there is a cure for the propensity to commit sex abuse. She discussed sex offense cases filed by her office. She expressed her concern for community safety, which is gained through continued ongoing supervision of sex offenders. She spoke about the assurances that victims of sex offenders and members of the community deserve. Ms. Conboy responded to questions from the committee about the message sent through the removal of the language.

03:33 PM -- Allison Boyd, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Boyd works with victims of sexual assault on behalf of the Jefferson County District Attorney's Office. She spoke about the severity of the crimes committed by offenders who require lifetime supervision. Ms. Boyd said that those who work with repeat offenders need the support of the legislature. She discussed the accountability of offenders and the need for continued treatment and monitoring.

03:47 PM -- Karen Steinhauser, representing herself, spoke in support of the provision of the bill that removes the "no known cure" language from statute. Ms. Steinhauser expressed concern that current law treats all offenders in the same way without regard to special circumstances. She indicated that offenders should be looked at individually. She addressed the idea of sending a message through the removal of the language. She discussed the financial incentive that treatment providers may have to keep an individual in treatment for as long as possible. Ms. Steinhauser responded to questions from the committee about the treatment of metal illness and the propensity to commit sex abuse.

04:00 PM -- Geoff Blue, Colorado Attorney General's Office, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Mr. Blue reiterated the testimony of prior witnesses. He expressed concern that removing the language is the first step to eliminating the indeterminate sentencing scheme for sex offenders in Colorado. Mr. Blue responded to questions from the committee.

04:15 PM -- Pat Tessmer, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Tessmer discussed her experience as a sexual assault victims advocate. She talked about her own family's experience with sexual assault. She stated that the criminal justice system has changed in the last 20 years, but sex offenders have not. She expressed her opinion that leaving the language in statute sends a powerful message to communities and sex offenders that public safety is a paramount concern for everyone in the state.

04:25 PM -- Kristine Ives, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Ives is a therapist who works with victims of sex assault. She discussed the stories of some of her patients. She expressed her belief that removing language has the potential to compromise public safety through less monitoring and treatment of sex offenders. Ms. Ives responded to questions from the committee.

04:30 PM -- Erin Jemison, Colorado Coalition Against Sexual Assault (CCASA), spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Jemison provided some background information and context about sexual assault crimes. She discussed the way victims of sexual assault are treated when they report the crime. She expressed her opinion that leaving current language in statute sends an important message to victims that their abuse is serious. Ms. Jemison responded to questions from the committee.

04:39 PM -- Abby Hansen, CCASA, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Hansen talked about the effects of sex assault on the victims of the assault.

04:43 PM -- Tess Henry, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Henry reiterated the testimony of prior witnesses. She distributed information to the committee about the SOMB's vote to keep the language in statute (Attachment A).

04:49 PM -- Reverend Steve Easterday-McPadden, representing himself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Rev. Easterday-McPadden discussed faith and grace with regard to convicted sex offenders. He talked about redemption and public safety.

04:53 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in support of the bill. Dr. Barber discussed recidivism rates among adolescent sex offenders. He stressed that treatment for juvenile offenders is effective and retaining a "no known cure" policy does not take that into account. He responded to questions from the committee about the difference between curing a sex offender and helping that sex offender to not recidivate.

04:57 PM -- Dr. Mike Miner, representing himself, spoke in support of the bill. Dr. Miner discussed his research with perpetrators and victims of sexual assault. He stressed that the propensity to commit sex abuse is a behavior and not a disease. He does not believe that using the term "cure" makes sense to describe a behavior. What is more important, in Dr. Miner's opinion, is treatment and rehabilitation. He does not agree with the notion that all sex offenders are the same and should be treated equally. He also expressed concern with limiting the research of the SOMB with statutory language. Dr. Miner responded to a number of committee questions.

05:25 PM

The committee continued to discuss the propensity to commit sex offenses at length.

05:44 PM -- Laurie Rose Kepros, Colorado Criminal Defense Bar and the Colorado State Public Defender, spoke in support of the bill. Ms. Kepros discussed her experience defending sex offenders. She stressed the need for evidence-based decision-making in managing sex offenders. She talked about the prevalence of the terms "sexual predator" and "sex offender" in newspaper headlines from 1991 to 2006. Offense rates declined during that period of time, but the use of those terms grew exponentially. She stressed that the SOMB uses the statute to guide public policy with regard to management and treatment of sex offenders. She provided examples from her law practice of sex offenders who are subject to lifetime supervision due to the "no known cure" philosophy. She responded to questions from the committee.

05:59 PM -- Rick Levinson, Colorado Criminal Defense Bar, spoke in support of the bill. Mr. Levinson described his legal background and experience as a current member of the SOMB. He reiterated the testimony of prior witnesses with regard to the importance of treating every offender as an individual. He stated that the "no known cure" policy casts too wide a net and catches sex offenders who can be rehabilitated. He discussed the difference between treatment and management. Mr. Levinson responded to questions from the committee about the practical application of the "no known cure" policy to all sex offenders.

06:20 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain read letters of support from two sex offender treatment providers. Ms. Cain responded to questions from the committee about the application of "no known cure" provisions for different types of offenders.

06:34 PM -- Iris Eytan, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Eytan spoke about her legal background and experience defending sex offenders. She discussed a task force she established with the goal of looking at the "no known cure" philosophy and its effect on the lives of people convicted of sex offenses. Other states without such a philosophy codified in law do not have a procedure for handling convicted sex offenders from Colorado. Ms. Eytan talked about research from other countries showing that a one-size-fits-all approach is detrimental to victims, defendants, and the community.

06:48 PM -- Paul Prendergast, SOMB, spoke in support of the bill. Mr. Prendergast is the current chair of the SOMB. He expressed concern that the bill does not provide authority for the SOMB to collect data from specific treatment programs. He responded to questions from the committee.

06:55 PM -- Roberta Ponis, Advocates for Change, spoke in support of the bill. Ms. Ponis is the mother of a convicted sex offender who is serving an indeterminate sentence. She expressed her opinion that the SOMB needs to promulgate written policies and the "no known cure" philosophy should be removed.

07:00 PM -- Diane Wolta, representing herself, testified about the bill. Ms. Wolta focused her testimony on the issue of public safety. She discussed a possible amendment to remove juvenile offenders from consideration under the umbrella of the "no known cure" policy.

07:05 PM -- R.M. Sherman, Advocates for Change, spoke in support of the bill. Mr. Sherman's son is a convicted sex offender and he discussed his family's experience. He stated his opinion that the bill provides hope for offenders that they can pay their debt to society and make lives for themselves.

07:08 PM -- Carolyn Turner, Advocates for Change, spoke in support of the bill. Ms. Turner's son is a convicted sex offender and she talked about her family's experience.

07:14 PM -- Diane McDaniel, Advocates for Change, spoke in support of the bill. Ms. McDaniel's son is a convicted sex offender and she spoke about her family's experience. She distributed a chart entitled "Effect of No-Cure Policy on Colorado's Treatment Completion Rate" (Attachment B) and a PowerPoint presentation entitled "Outdated and Counterproductive 'No Cure' Philosophy Presentation" (Attachment C). She discussed the information presented in her handouts. Ms. McDaniel stated her opinion that the "no cure" philosophy is outdated and not supported by evidence.

07:19 PM -- Janet Hunsaker, Advocates for Change, spoke in support of the bill. Ms. Hunsaker's son is a convicted sex offender and she spoke about her family's experience. She specifically supports the provisions of the bill that require DORA to investigate all complaints and grievances against treatment providers.

07:22 PM -- Susan Walker, Advocates for Change, spoke in support of the bill. Ms. Walker reiterated the testimony of Dr. Miner and Ms. Kepros. She discussed her experience observing the process of updating SOMB standards. Ms. Walker's son is a convicted sex offender and she spoke about his experience being terminated from his assigned treatment program.

07:29 PM -- Jean McAllister, Colorado Organization for Victim Assistance, testified about the bill. Ms. McAllister discussed her background and experience as a member of the SOMB. She stressed that convicted sex offenders committed crimes that were very serious. It makes sense to be concerned about those individuals offending again. She spoke about the SOMB's vote to retain the "no known cure" language and the debate that preceded the vote. Ms. McAllister talked about the research on recidivism and on victim reporting of sexual assault. She stressed that risk assessment should not be made based on the number of an individual's convictions because he or she may have offended multiple times prior to being caught. She reiterated the testimony of previous witnesses regarding the benefits of the "no known cure" philosophy.

07:42 PM -- Dr. Hannah Evans, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Dr. Evans stated her belief that the bill represents a slippery slope to the eventual elimination of indeterminate sentencing for sex offenders in Colorado. She reiterated the testimony of previous witnesses regarding the benefits of the "no known cure" philosophy. She spoke about her experience as a sex assault victim and as a former treatment provider for victims of sex offenses.

07:48 PM -- Deanna Ortega, representing herself, spoke in support of the bill. Ms. Ortega's son is a convicted sex offender and she spoke about her family's experience. She addressed committee questions about the individuals affected by the "no known cure" philosophy. She expressed frustration with the way her son has been treated.

07:57 PM -- Dr. Scott Humphreys, representing himself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Dr. Humphreys stressed that some individuals are looking for a quick and easy answer for a behavioral disorder like the propensity to commit sex abuse.

07:59 PM -- Vicki Tucker, representing herself, spoke in opposition to the provision of the bill that removes the "no known cure" language from statute. Ms. Tucker discussed her experience in the mental health field and as an attorney. She believes in treatment, management, and containment of sex offenders. She spoke about some of her patients, who are convicted sex offenders.

08:06 PM -- Frank Dubofsky, representing himself, spoke in support of the bill. Mr. Dubofsky discussed the stigma associated with being a convicted sex offender. He responded to questions about the information he had available to him as a trial judge when he was sentencing sex offenders.


BILL:	HB10-1364
TIME:	08:23:17 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1364
TIME:	08:23:47 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1364
TIME:	08:24:41 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1364
TIME:	08:25:21 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1364
TIME:	08:30:04 PM
MOVED:	Ryden
MOTION:	WITHDRAWN: Adopt prepared amendment L.009 (Attachment H). The motion was withdrawn.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB10-1364
TIME:	08:35:17 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.010 (Attachment I). A substitute motion was made to adopt prepared amendment L.011 (Attachment J).
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB10-1364
TIME:	08:36:01 PM
MOVED:	McCann
MOTION:	SUBSTITUTE MOTION: Adopt prepared amendment L.011 (Attachment J), as amended. L.011 is a substitute amendment to L.010 (Attachment I). The motion passed on a vote of 8-3.
SECONDED:	King S.
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	No

Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1364
TIME:	08:43:57 PM
MOVED:	Levy
MOTION:	Adopt an amendment to prepared amendment L.011 (Attachment J) on line 4, strike "abuse." and substitute "offenses.". The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1364
TIME:	08:42:38 PM
MOVED:	Kagan
MOTION:	Adopt an amendment to prepared amendment L.011 (Attachment J) on line 2, strike "that" and substitute "that, for some adult sex offenders,". The motion passed on a vote of 8-3.
SECONDED:	Miklosi
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1364
TIME:	08:46:17 PM
MOVED:	Ryden
MOTION:	Refer House Bill 10-1364, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 9-2.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:46 PM

Representative Levy adjourned the committee.