Senate Committee on Judiciary (05/01/2012)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	05/01/2012	ATTENDANCE

Time:	11:12 AM to 12:03 PM	Giron	X
		King S.	*
Place:	SCR 356	Lundberg	X
		Nicholson	X
This Meeting was called to order by		Roberts	X
	Senator Carroll	Guzman	X
		Carroll	X
This Report was prepared by
	Hillary Smith
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1283 HB12-1310 HB12-1283		Amended, Referred to Appropriations Amended, Referred to Finance Amended, Referred to Appropriations

11:12 AM -- House Bill 12-1283

Senator Carroll, chair, called the meeting to order.

Senator Giron, sponsor, presented House Bill 12-1283. This bill codifies the consolidation of Colorado's homeland security functions, personnel, and resources, enacted under Executive Order D 2011-030, into a new Division of Homeland Security (DHS) within the Department of Public Safety. The new division includes the existing, but renamed Office of Prevention and Security and the newly created Office of Preparedness, which is responsible for creating and implementing a state preparedness plan and system. Among other things, the DHS is charged with:

• building partnerships with first responders, agencies, and citizens in the public and private sectors;
• coordinating activities with other state agencies and the all-hazards emergency management regions created by executive order of the Governor;
• developing and updating a state strategy for homeland security;
• facilitating, coordinating and conducting capabilities assessments as necessary;
• coordinating protection activities among owners and operators of critical infrastructure and other tribal, state, local, regional, and federal agencies; and
• reporting on or before February 1, 2013, and each year through September 1, 2017, its progress.

The existing Office of Fire Safety is transferred and re-established as the Division of Fire Safety within the Department of Public Safety.

A new 21-member Homeland Security and All-Hazards Senior Advisory Committee with representation from a variety of state and local agencies is created to guide the division's efforts, provide advice, and review homeland security grant applications. The committee is repealed on September 1, 2021, following a sunset review by the Department of Regulatory Agencies. The bill also adds two members to the Fire Service Training and Certification Advisory Board, restoring it to its original composition.

Finally, the bill transfers the Statewide Fire Fighting Resource Database from the Department of Public Safety to the Division of Emergency Management in the Department of Local Affairs. The Division of Emergency Management is responsible for developing a new All-Hazards Response Database and statewide resource mobilization plan.

Background. On October 18, 2011, the Governor signed Executive Order D 2011-030. As a result of the executive order, all staff, federal funding, and resources within the Governor's Office of Homeland Security, have been consolidated and transferred to the Department of Public Safety.

11:12 AM

Senator Giron provided background on the bill and ongoing negotiations concerning its provisions. She distributed prepared Amendment L.010 (Attachment A), which strikes everything below the enacting clause. She walked the committee through the changes made by the amendment.

The following individuals testified regarding the bill:

11:17 AM -- Mr. James Davis, representing the Colorado Department of Public Safety, testified in support of the bill and prepared Amendment L.010. He provided a brief overview of the effects of Amendment L.010. Senator Giron responded to questions from Senator Guzman regarding provisions of the amendment related to Pinnacol Assurance.

11:22 AM -- Mr. Reeves Brown, representing the Colorado Department of Local Affairs, testified in support of the bill and prepared Amendment L.010. He described the benefits of the bill.

11:23 AM -- Mountain View Fire Protection District Deputy Fire Chief Steve Pischke, representing the Colorado State Fire Chiefs, testified in support of the bill. He described past attempts to consolidate fire safety responsibilities under one state agency. Senator Guzman thanked Deputy Fire Chief Pischke for the work of firefighters.

11:27 AM -- Ms. Roxane White, representing the Governor's Office, testified in support of the bill and prepared Amendment L.010. She thanked Senator Giron for her work on the bill. She stated that Colorado State University officials support the bill. Senator Roberts asked for background concerning the current set-up of these responsibilities.

11:30 AM

Senator Carroll laid the bill over to follow House Bill 12-1310.

11:31 AM -- House Bill 12-1310

Senator Carroll, sponsor, presented House Bill 12-1310. The reengrossed omnibus bill addresses several areas of statute governing criminal proceedings. Among other things, the bill:

Sentencing
• modifies the length of time a case may be continued following a defendant's plea of guilty for the purposes of entering judgment and sentencing to four years for a felony or two years for a misdemeanor, petty offense, or traffic offense;
• clarifies that deferred sentencing begins on the date the court continues the case, not the date that the defendant enters his or her plea;
• repeals the authority of a court to convert a determinate sentence to an indeterminate sentence for certain crimes related to child prostitution and child pornography;
• eliminates a requirement that the court make specific findings and on the record when the sentencing of a juvenile deviates from placement report recommendations; and
• removes a requirement to sentence certain persons to probation for second, third, or subsequent DUI offenses and instead allows, if a defendant is sentenced to the Department of Corrections, the defendant to complete court-ordered programs and treatment while on parole.

Court proceedings
• allows labels listing contents of commercially packaged items as evidence;
• if requested by any party, it requires the court to impanel at least one alternate juror to sit in a case for a class 1, 2, or 3 felony; and
• removes the right of a grand jury witness to consult with the public defender's office and instead allows the individual to request that the court appoint an attorney to consult with or represent the witness.

Sex offenses
• allows sex-offender evaluations up to two years old to be included in a presentence report and excludes certain misdemeanor offenses from the requirement to include a sex-offender evaluation unless ordered by the court; and
• permits an additional extension of up to two years for a deferred sentence for a sex offense when good cause is shown.

Probation
• specifies that, for the purposes of eligibility for probation, a conviction means a verdict or plea of guilty or nolo contendere and does not include a plea to a deferred judgment and sentence unless it is revoked;
• requires a probationer who wishes to transfer his or her probation to another state to pay a $100 filing fee, credited to Interstate Compact Probation Transfer Cash Fund; and
• clarifies that the court cannot charge a probationer for the costs of returning the probationer to Colorado.

Parole
• expands the types of cases that may be reviewed by hearing release officers to include inmates convicted of class 4, 5, or 6 felonies and who have been assessed to be less than high risk, rather than those convicted of non-violent crimes as required under current law.

Miscellaneous
• clarifies the definition of earnings for purposes of garnishment, permits the court to use a collections investigator, and prioritizes the collection of court costs, fines, and restitution over most other orders;
• allows a collections investigator to issue an attachment of earnings; and
• specifies record-sealing rights of a person convicted of minor in possession of alcohol.

11:33 AM

Senator Carroll walked the committee through the bill. She distributed a fact sheet concerning its effects (Attachment B).

The following individuals testified regarding the bill:

11:39 AM -- Mr. Jeff Clayton, representing the Colorado Judicial Branch, testified in support of the bill. He described negotiations concerning the bill. He spoke about Section 8 of the fact sheet concerning sex offenders. He also discussed criminal traffic offenses. Mr. Clayton moved on to a discussion of Section 12 of the fact sheet, concerning the Interstate Compact Probation Transfer Cash Fund.

11:42 AM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. She addressed prepared Amendment L.008 (Attachment C), which was distributed to the committee. She said that the amendment strikes a balance in order to avoid a need for additional appropriations. Ms. Cain moved on to Sections 5 and 14 of the fact sheet.

11:49 AM -- Mr. Michael Dougherty, representing the Office of the Attorney General, testified in support of the bill. He spoke about negotiations concerning the bill. He spoke about provisions of the bill clarifying when someone is convicted of a crime. He also addressed Section 20 of the fact sheet.

11:51 AM -- Ms. Tamar Wilson, representing the Colorado District Attorneys' Council, testified in support of the bill. She briefly touched on Section 1 of the fact sheet, then moved on to Sections 7, 11, and 18 of the fact sheet.

11:53 AM -- Mr. John Clarke, representing the Professional Bail Agents of Colorado, testified in support of the bill. He discussed prepared Amendment L.008. He distributed an analysis of pretrial services programs to the committee (Attachment D). He spoke about bail recovery. He compared the work of bail bonding agents to the work of pretrial services programs. Mr. Clarke discussed the process of consent of the surety.

12:00 PM

Senator Carroll provided closing remarks in favor of the bill. She explained prepared Amendment L.008 to the committee.


BILL:	HB12-1310
TIME:	12:00:36 PM
MOVED:	Carroll
MOTION:	Adopt prepared Amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Giron
	King S.
	Lundberg
	Nicholson
	Roberts
	Guzman
	Carroll

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1310
TIME:	12:00:54 PM
MOVED:	Carroll
MOTION:	Refer House Bill 12-1310, as amended, to the Committee on Finance. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:01 PM -- House Bill 12-1283

Senator Giron came back to the table to discuss House Bill 12-1283. Senator Carroll spoke about an amendment that will be introduced in the Committee on Appropriations addressing Pinnacol Assurance.


BILL:	HB12-1283
TIME:	12:03:05 PM
MOVED:	Carroll
MOTION:	Adopt prepared Amendment L.010 (Attachment A), which strikes everything below the enacting clause. The motion passed without objection.
SECONDED:
		VOTE
	Giron
	King S.
	Lundberg
	Nicholson
	Roberts
	Guzman
	Carroll

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1283
TIME:	12:03:25 PM
MOVED:	Carroll
MOTION:	Refer House Bill 12-1283, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Yes
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:03 PM

The committee adjourned.