Bill Summary for Bill Number SB10-179

Date: 05/03/2010

Final
BILL SUMMARY for SB10-179

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 10-179 to the Committee on Appro	PASS

02:38 PM -- Senate Bill 10-179

Representatives Casso and Weissmann, co-sponsors, presented Senate Bill 10-179 concerning the voting rights of persons involved in the criminal justice system. The reengrossed bill allows certain persons convicted of a felony who have completed their term of imprisonment, as defined by the bill, to register to vote. Specifically, it expands voting eligibility for persons convicted of a felony who are:

• serving a sentence of parole;
• serving a direct sentence in a community corrections program;
• placed in a community corrections program under a deferred judgement; and
• sentenced to federal supervised release.

The bill also places requirements on jail administrators, sheriffs, youth corrections facilities, parole officers, probation officers, community correction programs, and others to inform persons of their voting rights and to make voting material and information available. Voting material includes registration forms, mail-in ballot applications, copies of the ballot information booklet (Blue Book), and other election related mailings.

Lengthy committee discussion about constitutional debate over the right to vote ensued.

03:05 PM -- Gregg Kildow, Intervention Community Corrections Services, spoke in support of the bill. Mr. Kildow expressed his opinion that offenders who are serving a sentence in the community should be allowed to vote. He asked for clarification about the information he should provide to offenders in his facilities. He responded to questions from the committee about community corrections.

03:08 PM -- Dianne Tramutola-Lawson, Colorado Citizens United for Rehabilitation of Errants (CURE), spoke in support of the bill. Ms. Tramutola-Lawson discussed other states that never suspend the right to vote for convicted felons. She spoke about her husband's enthusiasm for voting again after he completed a sentence to probation.

03:11 PM -- Major Vicki Connors, Denver Sheriff's Department, testified about the bill. Maj. Connors distributed a pamphlet entitled "Can I Vote from Jail" (Attachment C) and a letter she wrote about voting from jail (Attachment D). She discussed the process of facilitating voting for jail inmates.

03:15 PM -- Reverend Paul Howard, representing himself, spoke in support of the bill. Rev. Howard talked about his experience working with former offenders. He discussed the stigma associated with being a former offender and all of the burdens experienced by these offenders in terms of reintegrating into society. He responded to questions from the committee about redemption and retribution.

03:26 PM -- Carol Peeples, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Ms. Peeples discussed the disenfranchisement of former offenders. She spoke about the complexity of the various sentencing options in Colorado and the current statute that controls who can vote and who cannot. Individuals who are under direct sentence to a halfway house, but are nonresidential, are in a gray area concerning their right to vote. She clarified how the Secretary of State and the Department of Corrections communicate regarding offenders who are registered to vote, but do not have the right to vote. Ms. Peeples addressed several questions raised during prior testimony. She expressed her disappointment that the bill has become political and partisan. She responded to questions from the committee.

03:44 PM -- Ty Gee, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Mr. Gee distributed a written statement (Attachment E) and a copy of a 2006 Colorado Supreme Court Case, Danielson v. Dennis (Attachment F). He discussed the status of parolees in regards to voting rights conferred by the Colorado constitution, which was adopted 23 years before Colorado enacted a law concerning parole. Mr. Gee and Representative Gardner discussed constitutional law.

03:51 PM -- Mark Silverstein, American Civil Liberties Union (ACLU) Colorado, spoke in support of the bill. Mr. Silverstein discussed the consequences of felony convictions and how states have recently acted to minimize those consequences.

04:00 PM

Representative Weissmann made closing remarks.


BILL:	SB10-179
TIME:	04:09:09 PM
MOVED:	Court
MOTION:	Refer Senate Bill 10-179 to the Committee on Appropriations with a favorable recommendation. Members of the committee commented about their positions on the bill. The motion passed on a vote of 6-4, with 1 excused.
SECONDED:	Pace
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Excused
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS