Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:05/10/2010
ATTENDANCE
Time:11:17 AM to 01:48 PM
Court
X
Gardner B.
X
Place:HCR 0107
Kagan
X
King S.
X
This Meeting was called to order by
Miklosi
X
Representative Levy
Nikkel
X
Pace
X
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB10-193
SB10-204
SJM10-002		Amended, Referred to Appropriations
Referred to the Committee of the Whole
Referred to the Committee of the Whole


11:17 AM -- Senate Bill 10-193

Representative Levy, sponsor, presented Senate Bill 10-193 concerning the safe treatment of pregnant persons in custody. The reengrossed bill prohibits the use of restraints on pregnant inmates in the Department of Corrections (DOC), private contract prisons, county and municipal jails, and Department of Human Services (DHS) facilities under certain circumstances. The use of any restraints is prohibited in the following situations:

• during labor and delivery;
• during postpartum recovery; or
• during transport to or from a medical facility for childbirth.

Restraints may be used in the above situations if the restraints are necessary for a safe childbirth, the inmate poses serious risk of harm to herself or the medical staff, or the inmate poses a substantial risk for escape. However, leg shackles and waist restraints are always prohibited during these situations. If restraints are used, the facility is to maintain a written record of the restraints used, why they were used, and for how long.

The bill also specifies that when an inmate is pregnant, facility staff are to use the least restrictive restraints necessary. When the inmate returns to custody after giving birth, she is also entitled to have a medical staff person present to ensure that any strip search is conducted in a manner that does not increase the risk of infection or cause pain.


Representative Levy distributed prepared amendment L.010 (Attachment A), a memorandum prepared by Legislative Council Staff regarding the fiscal impact of prepared amendment L.009 (Attachment B), and a fact sheet about the bill (Attachment C). Prepared amendment L.012 (Attachment D) was also distributed later in the meeting.

100510AttachA.pdf100510AttachB.pdf100510AttachC.pdf100510AttachD.pdf

11:21 AM -- Pamela White, Colorado Daily, testified in support of the bill. Ms. White discussed the shackling of pregnant inmates in jails and prisons. She spoke about the dangers of shackling a woman during the labor and delivery process. She stated her opinion the DOC and county jails need a consistent policy because pregnant inmates are treated differently, depending on their circumstances. Ms. White responded to questions from members of the committee about the reason for including all pregnant women under the provisions of the bill. The committee discussed whether some women might claim they are pregnant in order to avoid being shackled.

11:36 AM -- Dr. Eliza Buyers, representing the American Congress of Obstetricians and Gynecologists and the Colorado Medical Society, testified in support of the bill. Dr. Buyers spoke about medical concerns related to using restraints on pregnant women. She responded to questions from the committee.

11:40 AM -- Dr. Laraine Guyette, representing herself, testified in support of the bill. Dr. Guyette is a nurse-midwife at Denver Health Medical Center and she cares for inmates in labor and delivery. She spoke about medical risks associated with restraining pregnant women. She provided information about the practice of shackling inmates in labor.

11:45 AM -- Indra Lusero, Luz Reproductive Justice Think Tank, testified in support of the bill. Ms. Lusero expressed her opinion that the bill protects the fundamental principles of democracy. She stated that shackling women during pregnancy represents cruel and unusual punishment. She discussed case law on the subject of cruel and unusual punishment of women in the custody of the state. Ms. Lusero responded to questions from the committee about the risk to state and local employees from pregnant inmates who are not restrained. The committee discussed the potential constitutional problems with current law. Ms. Lusero distributed a letter of support from the American Civil Liberties Union (Attachment E).

100510AttachE.pdf

11:58 AM -- Ryan Owens, representing herself, testified in support of the bill. Ms. Owens discussed her experience as a pregnant inmate in the Denver County Jail.

12:03 PM -- Julie Krow, The Haven, testified in support of the bill. Ms. Krow discussed the program at The Haven, which treats women with substance abuse problems in the criminal justice system. She expressed her opinion that the bill will provide consistency across Colorado counties with regard to policies addressing pregnant inmates. She stated that most women are incarcerated due to drug- or alcohol-related incidents.

12:06 PM -- Cathy Hazouri, Colorado Bar Association, testified in support of the bill. Ms. Hazouri reiterated the testimony of previous witnesses regarding the constitutional problems with shackling pregnant inmate and the need for consistency across jurisdictions.


12:10 PM -- Joanie Shoemaker, DOC, testified in support of the bill. Ms. Shoemaker discussed her concerns with the bill's broad nature. She stated that amendments L.009 and L.010 allow the department to support the bill because they provide correctional officers with discretion to handle situations on a case-by-case basis. Ms. Shoemaker responded to questions from the committee.

12:18 PM -- Peg Ackerman, County Sheriffs of Colorado, took a neutral position on the bill. Ms. Ackerman stated that the sheriffs will most likely support the bill with the amendments. The sheriffs' concerns centered on the issue of transporting pregnant inmates.

12:20 PM -- Lorena Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill. Ms. Garcia reiterated the testimony of several prior witnesses.
BILL:SB10-193
TIME: 12:23:30 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.010 (Attachment A). Representative Levy explained the amendment. The motion passed without objection.
SECONDED:McCann
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:SB10-193
TIME: 12:26:23 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.012 (Attachment D). 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:SB10-193
TIME: 12:27:40 PM
MOVED:Levy
MOTION:Amend L.012, page 1, line 1, strike "line 4" and replace it with "line 16". 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



12:29 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:SB10-193
TIME: 12:30:25 PM
MOVED:Levy
MOTION:Refer Senate Bill 10-193, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-1.
SECONDED:Court
VOTE
Court
Yes
Gardner B.
Yes
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:34 PM -- Senate Bill 10-204

Representative Solano, sponsor, presented Senate Bill 10-204 concerning the penalty for careless driving resulting in death. The bill increases the penalty for careless driving resulting in death from 4 points to 12 points. With some exceptions, a driver's license is suspended for up to 12 months if 12 points or more are accumulated within a 12-month period. Representative Solano read the written testimony of a constituent who lost her husband in an automobile accident.

12:40 PM -- Mark Randall, Colorado District Attorneys' Council, testified in support of the bill. Mr. Randall stated his opinion that careless driving resulting in death cases are some of the hardest cases prosecutors ever have to handle. They are horrifying and devastating, but there is no culpable mental state involved. The current penalty is not sufficient to suspend a driver's license, even for a minor. Mr. Randall stressed that driving a car is a privilege, not a right, and that privilege should be taken away if it is done carelessly. He explained the difference between reckless driving and vehicular homicide. He responded to questions from the committee. The committee discussed the difference between careless and reckless driving.

01:09 PM -- Dan Grunig, Bicycle Colorado, testified in support of the bill. Mr. Grunig spoke about the death of bicyclists as a result of careless driving. He stated his opinion that the bill conveys that taking a life as a result of careless driving is a very serious problem.

01:14 PM -- Arlene Patterson, representing herself, testified in support of the bill. Ms. Patterson related details of her experience as the spouse of a man who was killed by a careless driver.



01:16 PM -- Fiona Patterson, representing herself, testified in support of the bill. Ms. Patterson related details of her experience as the daughter of a man who was killed by a careless driver.
BILL:SB10-204
TIME: 01:28:58 PM
MOVED:Court
MOTION:Refer Senate Bill 10-204 to the Committee of the Whole with a favorable recommendation. Members of the committee spoke at length about their positions on the bill. The motion passed on a vote of 8-3.
SECONDED:Nikkel
VOTE
Court
Yes
Gardner B.
No
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:29 PM -- Senate Joint Memorial 10-002

Representative King, sponsor, presented Senate Joint Memorial 10-002 memorializing Congress to adopt the Honor and Remember flag. The Honor and Remember flag was created as a symbol of the country's commitment to honoring and remembering the lives of United States Armed Forces members who have died in the line of duty. The memorial encourages the United States Congress to adopt House Resolution 1034, which establishes the Honor and Remember flag as a national symbol recognizing all members of the United States Armed Forces from all wars and conflicts involving the United States who have died while serving the country since its inception. The committee discussed the need for another national symbol and whether the state legislature is the appropriate place to consider such a symbol. Discussion about the profits from the sale of the Honor and Remember flag ensued.
BILL:SJM 10-002
TIME: 01:47:10 PM
MOVED:Gardner B.
MOTION:Refer Senate Joint Memorial 10-002 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:Pace
VOTE
Court
No
Gardner B.
Yes
Kagan
Yes
King S.
Yes
Miklosi
Yes
Nikkel
Yes
Pace
Yes
Ryden
No
Waller
Yes
McCann
Yes
Levy
No
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:48 PM

Representative Levy adjourned the committee.