Bill Summary for Bill Number HB10-1338

Date: 03/11/2010

Final
BILL SUMMARY for HB10-1338

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.002 (Attachment K). Th Refer House Bill 10-1338, as amended, to the Commi	Pass Without Objection PASS

06:17 PM -- House Bill 10-1338

Representative McCann, prime sponsor, presented House Bill 10-1338 concerning the eligibility for probation of a person who has two or more felony convictions. Current law prohibits a defendant from applying to the court for probation if he or she has two or more prior felony convictions. With Amendment L.002 (Attachment K), this bill allows individuals with two or more felony convictions that occur after the effective date of the bill to apply for probation with certain exceptions. A defendant may not apply for probation if the current or a prior conviction is for one of the following offenses:

• first or second degree murder;
• manslaughter;
• first or second degree assault;
• first or second degree kidnapping;
• a sex offense;
• first degree arson;
• first or second degree burglary;
• robbery or aggravated robbery;
• theft from the person of another;
• any felony offense committed against a child; or
• criminal attempt or conspiracy to commit any of the offenses listed above.

Currently, the sentencing court may waive the prohibition and grant probation on a case-by-case basis upon the recommendation of the district attorney. The bill does not change that provision.

06:22 PM -- Charles Garcia, Colorado Bar Association, spoke in support of the bill. Mr. Garcia provided information about his professional background. He stated that the Colorado Commission on Criminal and Juvenile Justice supports the bill. He explained the individuals to which the bill applies and those it excludes. He clarified that an individual does not need to be probation-eligible in order to be considered for community corrections. He discussed the current probation statute and case law addressing that statute. Mr. Garcia indicated that the bill increases judicial and prosecutorial discretion. He responded to questions from the committee about whether a district attorney can ask for a waiver of the prohibition against a sentence to probation under current law.

06:38 PM -- Mark Randall, CDAC, spoke in support of the bill. Mr. Randall discussed a district attorney's authority to request a waiver of the prohibition against a sentence to probation for certain crimes. He explained the circumstances under which a waiver is required. The bill applies to convictions that occur on or after the effective date of the bill, so the district attorneys asked the sponsor to include language to address cases that may be sentenced after the effective date, but the conviction occurred before that time. Mr. Randall responded to questions from the committee about the drafting of the bill.

06:50 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill. Ms. Ackerman stated that the sheriffs agree with the concept of slowing the growth of the prison population.

06:50 PM -- Geoff Blue, Colorado Attorney General's Office, spoke in support of the bill. Mr. Blue stated that the bill provides the courts with more flexibility.

06:52 PM -- Judge Ken Plotz, representing himself, spoke in support of the bill. Judge Plotz is a member of the Colorado Commission on Criminal and Juvenile Justice. He clarified that the bill does not grant probation wholesale to a class of offenders, but provides more judicial discretion.

06:53 PM -- Tom Quinn, Colorado Judicial Branch, spoke in support of the bill. Mr. Quinn is the director of probation services for the state. He talked about entities that support the bill.


BILL:	HB10-1338
TIME:	06:54:55 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.002 (Attachment K). The amendment is a strike below amendment. The motion passed without objection.
SECONDED:	Kagan
		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:	HB10-1338
TIME:	06:55:11 PM
MOVED:	McCann
MOTION:	Refer House Bill 10-1338, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:57 PM

Representative Levy adjourned the committee.