Bill Summary for Bill Number SB10-159

Date: 04/15/2010

Final
BILL SUMMARY for SB10-159

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.002 (Attachment D). Adopt prepared amendment L.002 (Attachment D). Th Refer Senate Bill 10-159, as amended, to the Commi	TIE Pass Without Objection PASS

02:53 PM -- Senate Bill 10-159

Representative Miklosi, sponsor, presented Senate Bill 10-159 concerning defendants' statements at a community corrections hearing. Current law permits a victim to submit a written victim impact statement to a community corrections board that is considering an offender's referral to a community corrections facility. Victims are also allowed to make a separate oral statement to the board. Prepared amendment L.002 (Attachment D) addresses statements from the offender. Community corrections boards are required to allow offenders, who are under consideration for transitional placement into a community corrections facility, to submit a written statement concerning the offender's transition plan, community support, and the appropriateness of placement in a community corrections program. A board may also choose to allow an offender to designate a person to submit a written statement or give an oral statement on the offender's behalf at a hearing concerning the placement of the offender.

If an offender chooses to submit a written statement, he or she must do so within the timeframe and procedures established by the Department of Corrections (DOC). The DOC will then include such a statement with the offender's referral packet to the relevant community corrections board. The DOC is not required to provide notice of a community corrections board hearing to anyone except a registered victim.

Community corrections boards are required to develop written policies and procedures that will be made available to the public concerning the parameters for written and oral statements by victims, as well as the permissibility and parameters for a written or oral statement by a person designated by an offender. Neither the community corrections boards nor the DOC is required to provide transportation or make arrangements for the appearance of an offender (or person designated by the offender to speak on his or behalf) at a community corrections hearing.

Representative Miklosi responded to questions from the committee.

03:02 PM -- Christie Donner, Colorado Criminal Justice Reform Coalition, spoke in support of the bill. Ms. Donner discussed the work that went into amending the bill to remove the fiscal impact to the DOC, which was based on the idea that the department would be required to keep offenders in prison longer in order to facilitate statements at community corrections board hearings. By changing the wording in the bill to refer to written rather than oral statements, the DOC decided that the legislation could be implemented using existing resources.

03:11 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain provided some background information about the bill.

03:13 PM -- Dianne Tramutola Lawson, Colorado Citizens United for Rehabilitation of Errants (CURE), spoke in support of the bill. Ms. Lawson discussed the bill from the perspective of the community corrections boards.

03:14 PM -- Alison Morgan, DOC, spoke in support of the bill. Ms. Morgan expressed support for amendment L.002.

03:17 PM

Representative Levy recessed the committee briefly.

03:19 PM

Representative Levy brought the committee back to order.


BILL:	SB10-159
TIME:	03:19:23 PM
MOVED:	Miklosi
MOTION:	Adopt prepared amendment L.002 (Attachment D). The amendment strikes everything below the enacting clause. 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:	SB10-159
TIME:	03:19:38 PM
MOVED:	Miklosi
MOTION:	Refer Senate Bill 10-159, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	King S.
		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

03:20 PM

Representative Levy adjourned the committee.