Date: 03/07/2012

Final
BILL SUMMARY for HB12-1263

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment A). The
Moved prepared amendment L.002 (Attachment C). The
Moved prepared amendment L.003 (Attachment B). The		Pass Without Objection
Pass Without Objection
Pass Without Objection



01:35 PM -- House Bill 12-1263

The committee was called to order. A quorum was present. Representative Levy, prime sponsor, presented House Bill 12-1263, concerning reducing barriers to employment for people with criminal records. Representative Levy provided background on the difficulties facing those with criminal records in finding employment, and discussed the benefits of employment for this population. Representative Levy explained the effect of the bill, and discussed its potential benefits. Representative Levy responded to questions regarding the types of offenses covered by the bill. Discussion ensued regarding how the bill would treat a situation involving a homeless sex offender, as described by Representative Court.


01:47 PM

Discussion ensued regarding the potential hiring of persons with criminal records by the Department of Transportation under the bill. Representative Levy responded to questions regarding the effect of legislation similar to House Bill 12-1263 that is in effect in other states, and the origins of the bill. Discussion followed regarding the definition of moral turpitude as it pertains to criminal law, and the potential interpretation of departmental hiring guidelines in harmonization with the bill.


01:56 PM

The following persons testified regarding House Bill 12-1263:

01:56 PM -- Ms. Pamela Clifton, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Clifton discussed instances where people have made mistakes in the past, and these past mistakes have hindered their employment opportunities. She discussed her own experiences as a person with a criminal record, and the impact of having a criminal record on potential employment.

02:01 PM -- Professor Michael Sweig, representing the Institute for People with Criminal Records, testified in support of House Bill 12-1263. He provided background on the "ban the box" movement, which seeks to pass state and local legislation to alter consideration of criminal background in hiring. He provided anecdotes about his experiences as a person with a criminal record and an advocate for criminal justice reform. Professor Sweig discussed the effect of the bill, and the bill's potential benefits. He also discussed the concept of "equal justice under law," and reiterated some of the benefits to society of ensuring those with criminal records are able to seek employment. Professor Sweig responded to questions about the effect of legislation similar to House Bill 12-1263 that has passed in other jurisdictions.


02:14 PM

Professor Sweig responded to questions regarding the potential for enacting "ban the box" legislation at the local level, and successes in other jurisdictions with these laws in the area of employment retention by those with criminal backgrounds.

02:17 PM -- Mr. Hassan Latiff, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Mr. Latiff discussed his background, and the state jobs that would be suitable for those who have been in the corrections system. He discussed the effect and potential benefits of passing the bill, and the employment training received by inmates during incarceration.

02:23 PM -- Mr. Darrel Carson, representing the Colorado Criminal Justice Reform Coalition, testified in support of House Bill 12-1263. Mr. Carson discussed his experiences as a person with a criminal record attempting to gain employment.

02:28 PM -- Ms. Mary Claire Mulligan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Mulligan discussed efforts to mitigate criminal recidivism, and explained how employing those with criminal backgrounds assists in these efforts. She discussed her experiences as a defense attorney, and her interactions with those having criminal records who are highly qualified for employment.

02:32 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of House Bill 12-1263. Ms. Maes explained how employment of those with criminal records is beneficial, and discussed the need to reintegrate offenders into society. She discussed the disparate impact of the criminal justice system on minorities.

02:36 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill. Mr. Gagliardi discussed the history of "ban the box" efforts in Colorado. He discussed certain deficiencies in the bill, include an overly broad title, and the potential for the bill's provisions to apply to employers other than the state. Mr. Gagliardi responded to questions regarding the position of the federation if the bill were amended to address his concerns, and the number of private-sector employers that employ those with criminal histories. He voiced opposition to mandates on employers. Discussion ensued regarding the potential for state contractors to be subject to the provisions of House Bill 12-1263.


02:46 PM

Discussion ensued regarding examples of restrictions on the hiring of those with criminal backgrounds by the state of Colorado, and the broadness of the bill title. Discussion followed regarding the potential for creating a pilot program based on House Bill 12-1263. Discussion turned to the specific state agencies and offices that would be subject to the bill, and the potential for amending the bill to include elected officials, such as the Attorney General, within the scope of the bill.

02:58 PM -- Ms. MaryKathryn Hurd, representing the Department of Personnel and Administration, testified in support of House Bill 12-1263. Ms. Hurd discussed hiring guidance supplied to state agencies by the department. Ms. Hurd responded to questions regarding how the Department of Personnel and Administration interacts with other agencies in employment matters. Ms. Hurd responded to further questions regarding exemptions from the provisions of the bill for certain state positions, and hiring processes observed by individual state agencies, including the Department of Transportation.

03:04 PM -- Mr. Mark Evans, representing the Office of the Public Defender, testified in support of the bill. Mr. Evans discussed current employment law governing employment decisions pertaining to those with criminal backgrounds, and explained how the bill codifies common law in this area. Mr. Evans responded to questions regarding the number of law enforcement contacts that ultimately result in convictions.


03:11 PM

Representative Levy explained the effect of prepared amendment L.001 (Attachment A).

HseState0307AttachA.pdf
BILL:HB12-1263
TIME: 03:12:18 PM
MOVED:Court
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Todd
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB12-1263
TIME: 03:13:21 PM
MOVED:Court
MOTION:Moved prepared amendment L.003 (Attachment B). The motion passed without objection.

HseState0307AttachB.pdf
SECONDED:Todd
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB12-1263
TIME: 03:14:52 PM
MOVED:Coram
MOTION:Moved prepared amendment L.002 (Attachment C). The motion passed without objection.

HseState0307AttachC.pdf
SECONDED:Baumgardner
VOTE
Baumgardner
Casso
Court
Duran
Joshi
Liston
Todd
Coram
Kerr J.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



03:15 PM

The committee recessed.


03:22 PM

House Bill 12-1263 was laid over.