Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT JUDICIARY

Date:01/25/2010
ATTENDANCE
Time:01:33 PM to 04:51 PM
Court
X
Gardner B.
X
Place:HCR 0107
Hudak
X
Kagan
X
This Meeting was called to order by
King K.
*
Senator Carroll M.
King S.
*
Lundberg
X
This Report was prepared by
McCann
X
Hillary Smith
Miklosi
X
Newell
X
Nikkel
X
Pace
*
Renfroe
X
Ryden
X
Steadman
*
Waller
*
Carroll M.
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Briefing by the Department of Homeland Security
Briefing by the Department of Public Safety
Briefing by the Department of Law		Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only


01:34 PM -- Briefing by the Department of Homeland Security

The committee was called to order by Senator Carroll. Senator Carroll made introductory remarks concerning the format for the department briefings.

01:35 PM

Major General Mason Whitney, Director of the Governor's Office of Homeland Security (GOHS), introduced himself and distributed a handout of his presentation (Attachment A). He discussed the mission of the GOHS and its various components. General Whitney addressed funding for the office and noted that the GOHS is completely federally funded and that federal funding is assured through 2013. General Whitney summarized the history of funding for the GOHS and provided detail on issues that are taken into account when prioritizing spending, such as grant guidance and risk assessments.

100125AttachA.pdf




01:42 PM

General Whitney explained the development of the State Homeland Security Strategy, which is in effect through 2013. He defined the four key questions addressed by the strategy, including: (1) What are the threats? (2) How prepared do we need to be? (3) How prepared are we? and (4) How do we close the gap? General Whitney pointed out that the GOHS prepares for natural disasters that are unlikely to ever occur in Colorado, such as a hurricane, because the state must also be prepared to accept refugees from other states. General Whitney outlined the 15 national planning scenarios identified by the GOHS as well as the 7 state planning scenarios. He explained that the GOHS's strategy for ensuring that Colorado is prepared for threats includes "capabilities-based preparedness planning," which is defined as planning, under uncertainty, to provide capabilities suitable for a wide range of threats and hazards while working within an economic framework that necessitates prioritization and choice.

01:46 PM

General Whitney provided additional definitions for terms used by the GOHS. He discussed the use of the acronym "POETEs," which refers to: planning; organizations; equipment; training; and exercises and evaluations. General Whitney explained that POETEs are what the GOHS spends its time, money, and efforts on. He discussed the role of the Governor's Senior Advisory Committee in reviewing the State Homeland Security Strategy, and he encouraged the members to read the security strategy on the GOHS's website. General Whitney moved on to an explanation of the five state homeland security strategy goals and the relationship between capabilities and goals. He noted that various agencies work together to accomplish the strategy goals. He provided a brief discussion of the GOHS's process for determining and assessing threats and preparedness, and noted that slide 28 of the presentation contains a graphic illustrating the process.

01:54 PM

General Whitney spoke about the GOHS's use of numerical rankings to objectively assess the state's capabilities. He mentioned the annual Improvement Planning Workshop, which consolidates input from all regions into a statewide score. He provided additional detail on the capability assessment tool chart on slide 33 of the presentation. General Whitney closed his presentation by describing the GOHS's priorities for FY 2010-11.

02:03 PM

Representative Gardner asked General Whitney to comment on the GOHS's risk assessment of cyber threats, particularly the threat of electromagnetic pulse (EMP) technology. General Whitney provided a general explanation of EMP and noted that the priority of any threat rises in the event of actionable intelligence. General Whitney commented on the GOHS's assessment of the probability of a threat versus its consequences. Discussion continued between General Whitney and Representative Gardner on the possible impact of an EMP attack.

02:10 PM

Senator Newell asked for an overview of the Citizen Corps Program, and General Whitney responded by discussing the importance of community preparedness. He described the work of the Citizen Preparedness Advisory Committee. Senator Newell asked General Whitney for further detail on slide 20 of the presentation, which indicates that response capabilities outweigh prevention and protection capabilities. General Whitney acknowledged that in the past, more money was spent on recovery capabilities, but the GOHS has shifted its focus to concentrate more on prevention capabilities.


02:15 PM

Senator King asked General Whitney to comment on the GOHS's involvement in aviation safety and security and issues concerning immigrants who may be interested in terrorist activities. General Whitney explained that the federal government is responsible for aviation safety and security, although the GOHS does develop capabilities for the general aviation community within the state. He did point out that the Colorado National Guard is responsible for the interception of dangerous aircraft within the sate, but the coordination of such efforts is a federal responsibility rather than a state one.

02:18 PM

General Whitney responded to a question from Representative Miklosi concerning coordination between local, state, and federal governments, as well as entities such as Amtrak. In response to a question from Representative McCann, General Whitney described the process of assessing capabilities across regions of the state. Discussion continued between General Whitney and Representative McCann concerning statewide lows as determined by the capability assessment tool. General Whitney pointed out that a low score does not indicate that work isn't being done to improve the score. He remarked that the legislature accepts a certain level of risk by virtue of its departmental oversight briefings. He indicated that members with a desire to raise statewide lows should consider what funds the legislature could dedicate to the issue.

02:27 PM

Representative Kagan mentioned the GOHS's interest in the threats of pandemic influenza and the plague. He noted that President Obama has directed individuals who may have the flu to stay home to avoid spreading the virus. Representative Kagan asked General Whitney to comment on whether the availability of paid sick leave may affect an individual's choice to stay home in the event of illness. General Whitney said that in the event of an outbreak, community leaders must reinforce the message that individuals have a responsibility to stay home.

02:31 PM -- Briefing by the Department of Public Safety

Mr. Peter Weir, Executive Director, Department of Public Safety (DPS), introduced himself and distributed copies of the department's presentation (Attachment B). He indicated that he would invite division directors to the table to provide an overview of their divisions. Director Weir outlined the responsibilities of the DPS and described the School Safety Resource Center, which was created by the enactment of Senate Bill 08-001. He distributed a packet of information on the Colorado School Safety Resource Center, including the statutorily required report and a number of informational handouts (Attachment C). Director Weir noted that the DPS has faced the same budgetary challenges as all government agencies, but has managed to maintain its level of services due to the efforts of DPS employees and division managers.

100125AttachB.pdf100125AttachC.pdf


02:37 PM

Director Weir asked Mr. Erick Scheminske, Chief Financial Officer, DPS, to come to the table. Mr. Scheminske introduced himself and walked the committee through the financial information in the department's presentation. He pointed out and corrected a typographical error on the first page of the presentation. He spoke about the monetary savings and increase in effectiveness of community corrections programs. He listed a series of budget cuts that were implemented on various programs and described the department's concerns regarding the consequences of the budget cuts on specific programs.

02:44 PM

Colonel James Wolfinbarger, Chief of the Colorado State Patrol (CSP), provided an overview of the CSP and its core principals and objectives. He explained that the primary cornerstone of the CSP is traffic safety, and he cited statistics indicating that traffic deaths in the state have declined significantly since 2001. Colonel Wolfinbarger explained that changes in Colorado's laws, together with the CSP's strategic plan to ensure statewide consistency, high visibility, and strict enforcement, have contributed to the decline. He explained that the CSP has focused on statistics, target measures, and accountability to focus its limited resources on areas in which serious accidents are most likely to occur.

02:53 PM

Colonel Wolfinbarger briefly summarized a number of decision items pertaining to the CSP.

02:59 PM

Major Brenda Leffler, Director, Office of Preparedness and Security, CSP, came to the table to discuss the DPS's efforts related to intelligence and critical assessment. She spoke about the Colorado Information Analysis Center (CIAC). She described her office's model relationship with the FBI. Major Leffler provided information on the Terrorism Liaison Officer program and on a video titled "8 Signs of Terrorism," which the CSP helped produce. Director Weir made additional comments.

03:05 PM

Major Leffler discussed the Immigration Enforcement Unit and provided statistics regarding smuggling and human trafficking cases processed thus far. In response to a question from Representative King concerning ways prevent more traffic fatalities, Colonel Wolfinbarger spoke about the benefits of laws promoting the use of seat belts and increasing the penalties for diving under the influence of alcohol or drugs. Senator Lundberg and Colonel Wolfinbarger discussed the CSP's dispatch system. In response to questions from Senator Newell, Colonel Wolfinbarger described CSP's relationship and coordination with the Colorado Department of Transportation. Major Leffler and Senator Newell spoke about the possibility of showing the "8 Signs of Terrorism" video at town hall meetings.

03:13 PM

In response to questions from Representative Waller, Colonel Wolfinbarger provided additional information on the decision item related to body armor and mentioned the importance of developing a dedicated funding stream for body armor. Senator King and Colonel Wolfinbarger spoke about trends in arrests for driving under the influence. In his closing remarks, Colonel Wolfinbarger commented on the lack of progressive pay within the CSP and the challenges the current situation poses to retention efforts. He noted that experience is irreplaceable.






03:17 PM

Ms. Jeanne Smith, Director of the Division of Criminal Justice, introduced herself to the committee and provided an overview of the responsibilities of the Division of Criminal Justice. She spoke about funding for community corrections and remarked that the use of community corrections facilities instead of Department of Corrections facilities saves the state money. Ms. Smith described the Colorado Regional Community Policing Institute and the use of crisis intervention teams to assist officers in their interactions with mentally ill offenders. She summarized the role of various offices within the division. She responded to a question from Senator Hudak about community corrections program statistics.

03:26 PM

Ms. Jan Girten, Director of Laboratory Services, Colorado Bureau of Investigation (CBI), introduced herself and described the role of the CBI. She said that CBI lab backlogs have dropped by 42 percent due to grant funding, but noted that such funding will not exist in future fiscal years. Ms. Girten summarized the future goals of the CBI, which include dedicating a grant administrator to apply for future grants. She spoke about the relationship between CBI, local agencies, and district attorneys. Ms. Girten discussed CBI's efforts to prepare for the implementation of Senate Bill 09-241, which requires that, after September 30, 2010, every individual arrested or charged for a felony to provide a DNA sample to the local law enforcement agency as part of the booking process. In her concluding remarks, Ms. Girten echoed Colonel Wolfinbarger's comments regarding salary and the fear that senior staff members would be lost.

03:33 PM

In response to a question from Representative Levy concerning CBI support provided to local agencies, Ms. Girten explained that CBI is statutorily required to provide such services. She described CBI's efforts to manage its workload and answered follow-up questions concerning ways to prevent the submission of redundant evidence.

03:37 PM

Senator Hudak asked whether an increase in applications for concealed carry permits requires additional state funding. To answer her question, Director Weir asked Ms. Jan Simkins, Agent in Charge for the CBI Program Support Unit, to come to the table. Ms. Simkins discussed the increase in applications for concealed carry permits but noted that the background checks are funded by cash funds, rather than by the General Fund. In response to further questions from Senator Hudak, Ms. Simkins listed various reasons why an application for a concealed carry permit might be denied. Discussion continued.

03:41 PM

Mr. Kevin Klein, Director of the Division of Fire Safety, introduced himself and discussed his office. He spoke about a new permitting process and a decision item concerning leased vehicles. He discussed the division's role in the certification of firefighters and hazardous materials responders. He also noted that the division provides technical assistance to help local governments interpret and enforce fire codes.

03:47 PM

Director Weir spoke about the creation of the Colorado School Safety Resource Center (CSSRC) and introduced Dr. Linda Kanan, Director of the CSSRC. Director Weir discussed the rationale for selecting someone with an educational background to be the director. Dr. Kanan introduced herself and discussed the CSSRC report, which had previously been distributed to the committee. She spoke about the CSSRC's focus on K-12 schools and on rural or small districts. She spoke about the effects of budget cuts and provided information about the CSSRC's outreach services.


03:57 PM

Continuing her presentation, Dr. Kanan discussed feedback received by the CSSRC and visits to its website. She talked about the use of pilot site schools and explained that much of the work of the CSSRC focuses on prevention. In her concluding remarks, Dr. Kanan briefly outlined the future goals of the CSSRC.

04:02 PM

Senator Renfroe asked if the CSSRC has looked into the possibility of allowing qualified teachers to carry concealed weapons inside of schools. He noted that law enforcement agents cannot be present for every crime that occurs in a school, and he suggested that individuals need to be prepared to deal with threats themselves. Dr. Kanan replied that she had not done any research on the topic; she noted that significant research had focused on the "people component" of school safety, meaning the importance of early detection, intervention, shared communication, and the recognition of warning signs. Dr. Kanan said that the CSSRC has directed its efforts towards the education of children and staff concerning the importance of sharing information and taking responsibility in a situation.

04:06 PM -- Briefing by the Department of Law

Mr. John Suthers, Attorney General, introduced himself and distributed his presentation on the Department of Law to the members of the committee (Attachment D). He noted that the presentation includes a copy of his testimony in front of the Financial Crisis Inquiry Commission. Attorney General Suthers discussed the work of his office and provided an overview of the divisions within the Department of Law. He provided a summary of important issues for the office, such as elections and ballot initiatives.

100125AttachD.pdf

04:16 PM

Attorney General Suthers discussed a number of outstanding cases in which the office is currently involved and potential damages in those cases. He focused particularly on cases in the area of natural resources and environment. He then outlined the office's involvement in consumer protection and anti-trust cases. Attorney General Suthers explained how the financial crisis has impacted the office's caseload concerning the consumer credit code and mortgage issues. He made particular note of his office's ability to fill the gap between district attorneys and U.S. attorneys in the field of securities fraud cases.

04:26 PM

Attorney General Suthers moved on to a summary of arrests and convictions under sex offender laws. He also addressed the work of the Methamphetamine Task Force, and noted that methamphetamine use seems to be declining. He spoke about the drain of state resources caused by the use of methamphetamine.

04:29 PM

 Attorney General Suthers provided further information on the effects of the ongoing financial crisis on his office. Using his testimony to the Financial Crisis Inquiry Commission as an outline, he discussed the need to pursue cases in the most effective way possible. He described his office's focus on cases involving deceptive advertising and mortgage fraud. He also discussed trends in consumer complaints, and noted that complaints about mortgage servicing and consumer relief plans have been increasing. He referenced three reports by the Foreclosure Prevention Working Group which were included in the packet of materials distributed to the committee, and he also spoke about the role of the Foreclosure Hotline in providing foreclosure loss mitigation services to Coloradans. Attorney General Suthers discussed past and upcoming legislation concerning the prevention of foreclosure fraud.

04:38 PM

Attorney General Suthers described statistics concerning the use of payday lenders and spoke about his office's actions against payday lenders who do business over the internet without getting a license. He closed his presentation with a brief discussion of debt management companies and the credit market.

04:42 PM

In response to a question from Representative Pace, Attorney General Suthers gave his personal opinion on the issue of medical marijuana dispensaries. He said that the object of any legislation should be to implement the will of the voters as closely as possible. He discussed the events that have led to the current situation. He spoke about the increase in applications for medical marijuana permits. He made additional comments concerning what suggestions his office would make concerning legislation addressing the issue of medical marijuana.

04:50 PM

The committee adjourned.